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General Terms and Conditions

1. Preamble

« Novela » is a French and international trademark.

Novela Travel is an independent Tour Operator, based in Paris (hereinafter “Novela Cuba”).

Simplified joint-stock company – APE 7911Z – Capital 300,000 Euros

Travel agency license n° IM075110070 delivered by the prefecture of Paris.

APST Financial Guarantee – 15 avenue Carnot – 75017 Paris

Hiscox France Professional Liability Insurance 19, rue Louis le Grand – 75002 Paris.

Any booking made on the website www.novelacuba.com implies acceptance of these general terms and conditions of sale (hereinafter “GTC”).

2. Rates

The services are payable in advance at the time of booking by our secure online payment system.

Novela Cuba regularly updates its prices and may modify its prices without prior notice under the conditions defined below.

In order to take into account the rates agreed by the various service providers of Novela Cuba and the exchange rate, the rates may be modified between the transmission of the quote and the confirmation of the reservation. In this case, you will be informed in advance. The price of the services applicable is, therefore, the one communicated by Novela Cuba at the time of booking and which is indicated on the invoice.

The price indicated on the quotation is fixed by our partner service provider. As the latter can change its price at any time, we advise you to book as soon as possible, as soon as you receive your quote. Under no circumstances may you require Novela Cuba to apply the price mentioned on the quotation to you.

Once payment has been made, the price of the service indicated is firm and guaranteed and will no longer be modifiable by Novela Cuba even if the exchange rate fluctuates. Similarly, after full payment of the invoice, the customer may not request a change in the price paid in the event of promotional offers offered by Novela Cuba.

3. Means and Methods of Payment

The amount of the service is paid at the time of booking and after confirmation of availability by the service provider.

Means of payment accepted: International Credit Cards (Visa, MasterCard) or cash directly at the office in Paris, within the limit, provided for in Article D 112-3 of the Monetary and Financial Code.

In the case of online booking, payment is made by credit card. The customer must provide Novela Cuba with his credit card number.

The amount of the service will only be debited after confirmation by the service provider of the availability of his service. In the event of unavailability, your credit card will not be charged

Novela Cuba will confirm the reservation of services to the client as soon as the service provider’s agreement is obtained by issuing a voucher.

As soon as you have paid, Novela Cuba will send you an invoice

4. Applicable Law

These GTC are governed by French law

In the event of a dispute relating to the performance of a service provided by Novela Cuba, within the framework of a relationship between professionals, jurisdiction is assigned to the Paris Commercial Court. This clause is not applicable to individuals

5. Protecting your Privacy

5.1. Collection of personal data

Concerned about respecting your privacy and protecting the information you provide, Novela Cuba complies with current privacy legislation. Some of the information we ask you for is mandatory (indicated by an asterisk on the website) because it is essential to process your order, others are optional and collected in order to better satisfy you by responding in a more personalized way to your expectations. They may be transmitted to our service providers, suppliers of reserved services (car rental companies, hoteliers, etc.) as part of the processing of your order.

If you do not provide us with the required information, we will not be able to process your request.

The information collected on this form is recorded in a computer file by Novela Cuba for the purpose of booking services and providing the necessary documents for your stay in Cuba.

In addition, your data may be used to send promotional or commercial offers from Novela Cuba.

You can request to stop receiving these offers at any time by clicking on the link at the bottom of each of our e-mailings

5.2. Right of access and opposition

In accordance with Articles 38 and following of Law No. 78.17 of 6 January 1978 as amended, known as the “Data Protection Act”, you have the right to access, query, modify, rectify and oppose your personal data. You can exercise this right by email to info@novelacuba.com or by sending a letter to:

Novela Travel

14 Rue des Minimes 75003 Paris – France

If you exercise a right of opposition before the end of the service, Novela Cuba cannot guarantee the proper performance of the said service.

In accordance with article 40-1-II of the Data Protection Act, you may transmit to Novela Cuba directives relating to the storage, erasure and communication of these personal data after your death.

In accordance with article L121-34 of the Consumer Code, we remind you that you have the right to register on the list opposing telephone solicitation to Bloctel http://www.bloctel.gouv.fr/

5.3. Storage of personal data

Novela Cuba undertakes not to retain the personal data of its customers beyond the time necessary for the performance of its service, except to send promotional or commercial offers to its customers for products or services similar to those already provided by Novela Cuba. If the customer does not respond to any request 3 years after the last contact, Novela Cuba undertakes to delete the information concerning him.

Novela Cuba undertakes to ensure that credit card data is deleted as soon as the transaction is completed.

Personal data relating to a non-customer prospect will be kept for a period of 3 years from the date of collection.

6. Booking Conditions for Car Rental

All of the booking conditions for car rentals are presented at the time of booking on the booking page.

7. Hotel & Guest House

7.1. Rates

• The price includes

Household linen, the service indicated on the invoice and the voucher (Type of room and what is included: breakfast, half board etc.)

• The price does not include

– Insurance (strongly recommended) in case of rental in Guest House

– Some boat transfers are to be paid on site as in the case of the Cayo Levisa Hotel or the Guama Hotel.

7.2. Booking conditions

Hotel

– The specific conditions applicable will be specified by the Hotel.

– Check-in/out: In general 13h for the check-in (taking the room) and 12h for the check out (leaving the room)

– Hotel rooms in Cuba can accommodate a maximum of 3 people.

– Each person staying in the hotel room must provide their passport at the reception upon arrival.

– You must present the voucher provided by Novela Cuba to benefit from the service

– You must comply with local legislation. For example, persons of Cuban nationality may not stay at the Cayo Levisa Hotel unless authorized by local authorities.

– You must arrive at the hotel on the day of the beginning of the reservation or inform it of a possible one-day delay because, otherwise, your reservation could be cancelled by the hotel and no compensation could subsequently be requested from Novela Cuba.

– Some hotels require a transfer service payment, payable on-site only (boats for cayo levisa hotel & guama hotel etc). This information is included on the voucher so that the information is complete.

Guest Houses

– The specific conditions applicable will be specified by the guest house.

– Check-in/out: In general 16h for the check-in (taking the room) and 12h for the check out (leaving the room)

– Each person staying in the guest room must provide their passport to the owner upon arrival

– The guest rooms in Cuba can accommodate a maximum of 4 people.

– You must present the voucher provided by Novela Cuba to benefit from the service

– You must comply with local legislation. For example, persons of Cuban nationality may not stay at the Cayo Levisa Hotel unless authorized by local authorities.

– You must report to the guest house on the day of the start of the reservation or inform it of a possible one-day delay because, otherwise, your reservation could be cancelled by the guest house and no compensation could subsequently be requested from Novela Cuba.

– You must respect the rules of decency of the guest house in which you are staying (noise, prostitution, etc.). The owner may cancel your current reservation if these rules are not respected and no compensation can subsequently be requested from Novela Cuba.

– Insurance: Novela Cuba recalls that the licence number issued by the administration to guest houses guarantees, in the absence of any other national regulations, all the security aspects of guest houses in the territory of the Republic of CUBA. Customers’ attention is then drawn to the fact that there is no insurance on the territory of the Republic of CUBA nor any organisation other than the one issuing the licence, and that they must insure themselves against any claims that may arise during their stay.

7.3. Person with reduced mobility

There are no specific regulations in Cuba to guarantee the accessibility of infrastructure for people with reduced mobility.

Novela Cuba cannot, therefore, guarantee the accessibility of the rooms to people with disabilities..

8. Tourist Card (Visa)

8.1. Tourist Card

– The Tourist Card is valid for a single entry for a 30-day stay. It can be renewed for an additional 30 days in a tourist office of a Cuban hotel.

– The Tourist Card is valid for 6 months from the date of issue. If not used within this period, the person wishing to travel to Cuba must obtain a new Tourist Card.

– Novela Cuba can give you the Tourist Card: by hand at the agency or by post. In the latter case, choose the method of sending by post (fast or normal): Novela Cuba cannot under any circumstances be held responsible for any delay in delivery due to La Poste.

– In case of collection at the agency, present the passports of all travellers and a copy of the airline tickets. In the case of postal consignments, indicate the nationality and passport number for each traveller.

– The tourist card (or visa) is sold blank, it is the customer’s responsibility to complete it alone before arriving at the airport for the outward flight to Cuba.

– Once you have the document in your possession: complete both parts of the card in capital letters without deletions

– The card is neither taken back nor exchanged

It is the customer’s responsibility to ensure that all travellers are in compliance with the formalities described above. The customer will not be able to claim any refund due to the fact that a traveller could not board due to a lack of completion of these formalities.

Attention: Novela Cuba cannot issue a Tourist Card for travellers whose flight to Cuba originates in the United States. The airline is the only one authorized to provide travellers with an entry visa to Cuba.

Attention: the Tourist Card does not guarantee access to Cuban territory.

8.2. Conditions for obtaining a Tourist Card

– Be a resident of the European Community and make a tourist stay

– Hold a passport valid for the duration of the stay.

8.3. Rate

The cost of obtaining a Tourist Card is €27 per Tourist Card. The shipping costs are at the customer’s expense according to the amounts indicated when the order is placed, which vary according to the shipping method (classic or urgent). In the event that the customer has not received the Tourist Card within 15 days of placing the order via the Internet, Novela Cuba undertakes to send the Tourist Card a second time at its own expense to the customer, provided that the shipping address has not been changed. The request for return must be sent within 45 days of the order. In the event of a change of address, the customer will have to pay the full price again (Tourist Card + shipping costs). In the event that the Client has not always received the Tourist Card, Novela Cuba will not send the document a third time.

The customer may purchase Tourist Cards for several travellers provided that he/she provides all the necessary information.

9. Airport Transfers

Novela Cuba offers its customers transfers between Cuba’s airports and the city centre by professional drivers (taxi or bus)

The price includes:

– The service indicated on the voucher,

– The fuel

Novela Cuba cannot be held responsible for any incidents that may occur during the transfer. All complaints must be addressed directly to the driver

10. Fees withheld in the event of cancellation by the customer

10.1. Right of withdrawal

In accordance with Article L. 121-21-8 of the Consumer Code, the customer does not have the right to withdraw.

10.2. Cancellation policy

Different suppliers have different cancellation policies. To get the correct information, you have to read it at the moment of booking. It will always be clearly indicated.

11. Responsibility

Novela Cuba shall not be held personally liable or through its local suppliers for any failure or delay in the performance of its obligations under or in respect of the reservation, or the terms and conditions of performance, if the failure or improper performance is attributable either to the customer, to the unforeseeable and insurmountable act of a third party, or to a case of force majeure as defined in article 1218 of the Civil Code

12. Modification and/or Extension before Arrival in Cuba

Any request for modification must be made to Novela Cuba by email at info@novelacuba.com

Attention: The service provider reserves the right to refuse the modification.

› If the service provider accepts the change: the change will be made subject to a price revision proposed by Novela Cuba in the form of an estimate. After acceptance of the customer on this new quote, a new voucher will have to be downloaded and printed from your account on our website. Only this new voucher must be presented at the counter to our service provider to benefit from the modified service.

› If the service provider refuses the modification, the initial booking conditions remain valid as well as the voucher.

13. Modification and/or Extension once in Cuba

Once in Cuba, no changes or cancellations will be refunded.

If you return the car before the scheduled date, it is possible that the insurance fees paid will be reimbursed to you directly by the rental company.

14. Cancellation and Modification by Novela Cuba

14.1. Cancellation :

If the cancellation of the service were to occur as a result of Novela Cuba and subject to Article 12 hereof, the client would obtain a refund of the sums already paid as well as payment by Novela Cuba of compensation at least equal to the penalty he would have incurred if the cancellation had occurred on that date. The provisions of this Article shall not prevent the conclusion of an amicable agreement aimed at the acceptance by the customer of a substitution transaction proposed by Novela Cuba.

In the event that the cancellation is caused by a case of force majeure as defined in Article 14 hereof, Novela Cuba’s guarantee and liability cannot be sought and retained.

14.2. Modification :

Before departure

If Novela Cuba is forced to modify an essential element of the service by impossibility of performance, it will immediately inform the customer by registered letter with acknowledgement of receipt and propose an alternative service that the customer is entitled to accept or refuse. In the event of refusal, the customer may obtain, without penalty, an immediate refund of the sums paid, subject to Article 12 hereof.

After departure

If Novela Cuba is forced to modify an essential element of the service after departure, it will do so under the conditions provided for in Article R 211-11 of the Tourism Code.

15. Insurance

Novela Cuba has taken out civil and professional liability insurance with Hiscox. The purpose of this contract is to cover Novela Cuba against professional risks that may arise in its capacity as a travel agency.

Novela Cuba does not offer insurance packages for the customer’s trip. It is the client’s responsibility to take out personal insurance:

– Health: all travellers must have health insurance coverage. It is generally included in credit card fees. A medical insurance certificate may be requested at the airport. However, if, for some exceptional reason, a traveller was not covered, he or she would be required to take out insurance at the airport of arrival in Cuba;

– Car: drivers must subscribe to the unique and compulsory Cuban insurance. It is the driver’s responsibility to read the terms of the contract at the time of subscription and, if applicable, to take out any additional insurance. Novela Cuba offers excess repurchase insurance (including breakdown/removal costs not covered by the lessor) up to a maximum of €600, including a maximum of €150 for breakdown/removal costs. This insurance is offered by Mondial Insurance whose general conditions are available on our website https://www.novelacuba.com/media/auto/mondial_assistance_novelacuba.pdf_assistance_novelacuba.pdf;

– Accommodation: It is strongly recommended to take out insurance against any claims that may arise during your stay. If the licence is issued by the administration only to guest houses meeting a defined security standard, there is no insurance on the territory of the Republic of CUBA to compensate travellers for any damage they may suffer.

16. Conditions for entry into Cuba for a European citizen

The European citizen is informed that the following documents are required to enter Cuban territory:

– Valid passport, valid for the duration of the stay

– Tourist Card

– Medical insurance certificate

– Return flight ticket

The presentation of these documents does not guarantee entry into Cuban territory

17. Persons to contact during the stay

In accordance with article R 211-6 of the Tourism Code, the contact details of the persons to contact in case of difficulties encountered during the stay in Cuba are indicated on the voucher issued by Novela Cuba.

18. Complaints

Any complaint must be made in writing to our customer service department within 2 months of the end of your service.

You must create a file with the following elements:

› The explanation of your complain,

› In the case of a car rental, your rental contract signed with the lessor

These elements can be transmitted:

by email to info@novelacuba.com

or by post to

Novela Travel

14 Rue des Minimes 75003 Paris- France

In the event of a dispute, the client may use a conventional mediation procedure or any other alternative dispute resolution method.

The customer may refer the matter to the consumer ombudsman according to MTV Médiation Tourisme Voyage BP 80 303 – 75 823 Paris Cedex 17 – www.mtv.travel.

Appendices

In accordance with Article R211-12 of the Tourism Code, Articles R.211-3 to R.211-11 of the Tourism Code are reproduced below:

Article R211-3 :

Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or accommodation services shall be subject to the submission of appropriate documents in accordance with the rules defined by this section.

In the event of the sale of air tickets or regular line tickets not accompanied by services related to such transport, the seller shall issue to the buyer one or more transit tickets for the entire journey, issued by the carrier or under its responsibility. In the case of on-demand transport, the name and address of the carrier on whose behalf the tickets are issued must be indicated.

Separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations imposed on him by the regulatory provisions of this section.

Article R211-3-1 :

The exchange of pre-contractual information or the provision of contractual conditions shall be made in writing. They may be carried out electronically under the conditions of validity and exercise provided for in Articles 1125 to 1127-6, 1176 and 1177 of the Civil Code. The name or business name and address of the seller and the indication of his registration in the register provided for in Article L. 141-3 a or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2 shall be mentioned.

Article R211-4 :

Before concluding the contract, the seller must provide the consumer with information on prices, dates and other elements of the services provided during the trip or stay, such as:

1° The destination, means, characteristics and categories of transport used;

2° The type of accommodation, its location, its level of comfort and its main characteristics, its certification and its tourist classification corresponding to the regulations or customs of the host country;

3° The catering services offered;

4° The description of the itinerary in the case of a circuit;

5° Administrative and health formalities to be carried out by nationals or by nationals of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in the event of, in particular, crossing borders and the time limits for their completion;

6° Visits, excursions and other services included in the package or possibly available for an additional charge;

7° The minimum or maximum size of the group allowing the trip or stay to take place and, if the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the trip or stay; this date may not be set at less than twenty-one days before departure;

8° The amount or percentage of the price to be paid as a deposit upon conclusion of the contract and the schedule for payment of the balance;

9° The terms and conditions for price adjustments as provided for in the contract pursuant to Article R. 211-8;

10° Cancellation conditions of a contractual nature;

11° The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;

12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness;

13° Where the contract includes air transport services, the information, for each flight section, provided for in Articles R. 211-15 to R. 211-18.

Article R211-5 :

The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements of it. In this case, the seller must clearly indicate to what extent this modification may occur and on which elements.

In any event, changes to the prior information must be communicated to the consumer before the contract is concluded.

Article R211-6 :

The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which must be given to the buyer, and signed by both parties. Where the contract is concluded by electronic means, Articles 1125 to 1127-6, 1176 and 1177 of the Civil Code shall apply. The contract must include the following clauses:

1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organiser;

2° The destination or destinations of the trip and, in the case of a split stay, the different periods and their dates;

3° The means, characteristics and categories of transport used, the dates and places of departure and return;

4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification in accordance with the regulations or customs of the host country;

5° The catering services offered;

6° The itinerary in the case of a circuit;

7° Visits, excursions or other services included in the total price of the trip or stay;

8° The total price of the services invoiced as well as the indication of any revision of this invoicing pursuant to the provisions of Article R. 211-8;

9° The indication, if applicable, of the fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service or services provided;

10° The schedule and terms of payment of the price; the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when the documents enabling the trip or stay to be carried out are delivered;

11° The special conditions requested by the buyer and accepted by the seller;

12° The manner in which the buyer may lodge a complaint with the seller for non-performance or improper performance of the contract, which must be addressed as soon as possible, by any means making it possible to obtain an acknowledgement of receipt from the seller, and, where appropriate, notified in writing, to the tour operator and the service provider concerned;

13° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R. 211-4;

14° Cancellation conditions of a contractual nature;

15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;

16° Details concerning the risks covered and the amount of cover under the insurance contract covering the consequences of the seller’s professional civil liability;

17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as information concerning the assistance contract covering certain specific risks, in particular, repatriation costs in the event of accident or illness; in this case, the seller must provide the buyer with a document specifying at least the risks covered and the risks excluded;

18° The deadline for informing the seller in the event of a transfer of the contract by the buyer;

19° The commitment to provide the buyer, at least ten days before the scheduled departure date, with the following information:

a) The name, address and telephone number of the local representative of the seller or, failing that, the names, addresses and telephone numbers of local bodies likely to assist the consumer in the event of difficulties or, failing that, the telephone number making it possible to establish urgent contact with the seller;

b) For the travel and stay abroad of minors, a telephone number and an address to establish direct contact with the child or the person in charge of the child’s stay;

20° The clause of termination and refund without penalty of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13° of Article R. 211-4;

21° The commitment to provide the buyer, in due time before the beginning of the trip or stay, with the departure and arrival times.

Article R211-7 :

The buyer may assign his contract to an assignee who meets the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect.

Unless otherwise agreed in favour of the transferor, the transferor is required to inform the seller of his decision by any means necessary to obtain an acknowledgement of receipt at the latest seven days before the start of the journey. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorization by the seller

Article R211-8 :

Where the contract expressly provides for the possibility of revising the price, within the limits provided for in Article L. 211-12, it must specify the precise methods of calculating price changes, both upward and downward, and in particular the amount of transport costs and related taxes, the currency or currencies which may have an impact on the price of the trip or stay, the part of the price to which the change applies, the rate of the currency or currencies used as a reference when establishing the price indicated in the contract

Article R211-9 :

When, before the buyer’s departure, the seller is forced to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he ignores the obligation to provide information mentioned in 13° of Article R. 211-4, the buyer may, without prejudice to any claims for compensation for any damage suffered, and after having been informed by the seller by any means enabling him to obtain an acknowledgement of receipt :

– either terminate his contract and obtain immediate reimbursement of the sums paid without penalty;

– either accept the modification or the alternative trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any amounts still due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the excess payment must be returned to him before the date of his departure.

Article R211-10 :

In the case provided for in Article L. 211-14, when, before the buyer’s departure, the seller cancels the trip or stay, he must inform the buyer by any means allowing him to obtain an acknowledgement of receipt; the buyer, without prejudice to any claims for compensation for any damage suffered, obtains from the seller an immediate refund and without penalty of the sums paid; in this case, the buyer receives compensation at least equal to the penalty he would have incurred if the cancellation had occurred on that date.

The provisions of this Article shall in no way prevent the conclusion of an amicable agreement aimed at the acceptance, by the buyer, of an alternative trip or stay proposed by the seller.

Article R211-11 :

Where, after the buyer’s departure, the seller is unable to provide a predominant share of the services provided for in the contract representing a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice to any claims for compensation for damage suffered:

– either offer services in replacement of the planned services, possibly bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the difference in price;

– or, if he cannot offer any replacement service or if it is refused by the buyer for valid reasons, provide the buyer, without additional cost, with transport tickets to ensure his return under conditions that can be considered equivalent to the place of departure or to another place accepted by both parties

The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13° of article R. 211-4..

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