Terms and Conditions

T&C | Terms and Conditions for the usage of PalmHavana Tour & Travel services.

Dear costumer:

We will use all our knowledge and abilities to carefully prepare and confirm your travel package and services in a secure and trustable way. To ensure the transparency and honesty of the products and services provided to you, these are ruled by the following Travel Terms and Conditions.

These Terms and Conditions of Travel are implemented according to the following regulatory statutes:

1. German Civil Code (“BGB”), Section 651 a – m.
2. German Civil Code (“BGB”), Section 4 – 11, about Regulation upon the Denomination of Information

These regulatory statutes regulate the contractual arrangements between you (hereinafter the Customer) and us, PalmHavana Tour & Travel, its associates and providers (hereinafter PalmHavana). PalmHavana Tour & Travel stands before you as the representative of its associates and providers.

For further reading you may download these Terms and Conditions of Travel here.
Also you may visit the official site for German laws here:

As conditions for the use of the website www.palmhavana.com, and the acceptance of these Terms and Conditions of Travel, you declare:

  • You are 18 years or older
  • You possess the necessary legal capacity to accept this contract of services provided by PalmHavana.
  • You will make an adequate use of this website and its information according to these Terms and Conditions of Travel.
  • All reservations made by you are real, whether these are made for yourself or any other person, for whom you are legally authorized to perform.
  • You will not use this website and its information to create false reservations.
  • You accept you are financially responsible of all fees charges, exchange rates and taxes for the usage of the reservations provided by PalmHavana.
  • You will not modify, copy, reproduce or sale this website or its contents, only for your personal use or travel interest.
  • You will check the dates you intent to make your travel on, as well as the prices for products and services you wish to obtain at your reservation time.

1. Reservations procedure

a. Effective reservations can be done by the Customer through the booking system implemented in www.palmhavana.com or by email: bookings@palmhavana.com

2. Booking Agreement Validation

a. Upon booking, the Customer will be making an offer to PalmHavana for the validation and confirmation of an agreement under the travel’s basic specifications and these Terms and Conditions of Travel, all of these added in detail in the booking form done by the Customer at www.palmhavana.com.

b. The booking agreement will be established once PalmHavana accepts the Customer’s request for booking. No specific form will be required for the acceptance. A confirmation email will be sent to the Customer, informing about the acceptance of the agreement.

c. Once checked the booking request done by the Customer, a notification email will be sent informing about the positive or negative availability of the selected products and services provided by PalmHavana. In case of a positive availability, an invoice will be sent to the Customer with details regarding the selected products and/or services.

d. If the contents of the booking request changes from the request done by the Customer, this shall constitute a new booking agreement, which will be valid for a period of 10 working days. The booking agreement shall be concluded once the new offer is accepted by the Customer. This acceptance may be declare explicitly or implicitly (e.g. payment of instalment, payment of the balance or commencement of travel).

e. The person placing the booking is liable for ensuring that he and any co-registered travelers fulfill all obligations under this booking agreement.

3. Data Protection Policy

a. All personal information provided by the Customer to PalmHavana will be electronically processed and will be used ONLY for the purpose of fulfilling the booking agreement and provide the Customer with customer support. PalmHavana will respect all obligations dictated by the German Federal Act of Information, when collecting, processing and using personal data.

4. PalmHavana’s Agreement Rights and Responsibilities

a. PalmHavana agreement responsibilities are limited only to the content of bookings confirmation together with the information given in www.palmhavana.com at the moment of the booking agreement as well as the specifications about travel services subject to all warnings and explanations contained therein.

b. PalmHavana’s associates and providers are not authorized to issue assurances or enter into agreements that modify the agreed content on the travel agreement, which exceeds the services contractually promised by PalmHavana or which runs contrary to the travel service specifications and booking confirmations.

5. About changes on Travel Specifications, Schedules, Expenses and Fees

a. In accordance to Section 4(2) Regulations on Provision of Information according to German Civil Code (“BGB-InfoVO”), PalmHavana is explicitly entitled for the conclusion of the travel agreement, announcing changes to prices, expenses and fees of the booking agreement due to increments in the costs of certain products or services due to variations on currency exchanges rates during the prices publication on this website.

6. About Down payment and Payment of the Balance

a. A down payment must be due right after the conclusion of the booking agreement. A “guarantee certificate” will be issue according Section 651k (3) (“BGB”). The down payment will be issued against the total price. The down payment amount will be equal to a 10 % of the accorded travel price.

b. The payment of the balance must be due up to 30 days prior to the booking start date (being issued the “guarantee certificate”) if it’s determined that the travel can no longer be cancelled due to any of the reasons in sections 10 a – b in this contract.

c. If the booking price remains unpaid despite the reminder of the allowance of a reasonable period of time for payment, PalmHavana may revoke the travel agreement (Section 323 BGB) and charge the Customer with cancellation fees stated in Section 10b of this Contract.

7. About Changes on Services, Prices, Bookings and Registered Travellers

a. Changes to material booking services, following the conclusion of the agreement, as long as they are not caused by PalmHavana contrary to the principle of good faith, are only allowable if the changes are not considerable, are reasonable and are not detrimental to the booking agreement overall. PalmHavana is obligated to inform the Customer of any change on products and/or services.

b. Price adjustments following the conclusion of the travel agreement will be only possible in case of an unforeseen increment in prices of products and/or services, such as and increment on currency exchanges affecting the booking itself and only if the increment affects the booking price per person or per group and if there are more than 4 months between the conclusion of the travel agreement and the agreed booking start date. A price change demanded 20 days or less prior to booking start date shall be invalid.

c. In the event that the price increment exceeds the 5% of the booking total amount or a significant change to material travel has been done, the Customer is entitled to cancel the reservation free of any charge due to cancellation or to demand to be rebooked by PalmHavana on a travel package at least equivalent in value to the original, as long as PalmHavana is able to provide the Customer with such equivalent without imposing any additional charge. The Customer must issue this claim against PalmHavana as soon as possible after receiving notification from PalmHavana detailing the price increment.

d. If, following the validation of the travel agreement, the Customers wishes to change booking start or end date, destination, accommodation, vehicle or any other product or service stated in the travel agreement, PalmHavana may charge a rebooking fee up to € 35.00 per rebooking. Rebooking is only possible before 30 days prior to the overall booking start date. Rebooking within 30 days prior to overall booking start date will be only possible by cancelling the previous travel agreement, according to the cancellation policies stated in this Contract, and following perform a new booking. This does not apply in rebooking requests where costs entailed are insignificant.

e. PalmHavana will not object any change in the persons registered in a booking as long as the new person/s fulfill all special travel requirements or if there’s a statutory provision or public authority orders preventing this person from travelling. PalmHavana will treat the person newly acceding to the agreement and the original guests as equally liable for the price of the booking plus any additional cost incurred through the inclusion of the substitute.

8. About Unused Services

a. If the Customer/s fails to fully use travel services due to early return, illness or any other reason attributable to the Customer/s, the Customer/s will not be entitled to any proportionate reimbursement. However, PalmHavana may reimburse the Customer/s but without acknowledging any legal obligation to do so.

9. About Cancellation and Termination of Travel Agreement by PalmHavana

a. If the Customer, after being properly warned causes sustained disturbances or conduct himself in a way that it’s untenable to have any continuation of the contractual arrangement, or if the Customer behaves in any way that is a serious violation of the travel agreement, PalmHavana shall be entitled to terminate the travel agreement without notice. In this context PalmHavana retains its claim to the price of travel less the expenditures plus any refund delivered by providers or similar benefits due to unused services. The infringing party shall be personally responsible of any additional costs incurred in the returning travel. In such cases, PalmHavana’s locally authorized persons (agency, tour guides, etc.) shall be empowered with upholding PalmHavana’s interests.

10. About Cancellation and Termination of Travel Agreement by the Customer

a. The Customer may declare to PalmHavana he/she wishes to cancel the Travel Agreement at any moment prior to the booking start date. Customers are recommended to declare cancellations in writing at cancellations@palmhavana.com.

b. In the event of a Cancellation done by the Customer, although PalmHavana shall no longer be entitled to the agreed booking price, according to Section 651i (2) (“BGB”) PalmHavana may demand a proper compensation regarding the Travel Arrangement and by any expenditure incurred in the booking process. PalmHavana Tour & Travel, its associates and providers may calculate this right specifically (according to Section 651i (2)) or on a flat-rate basis as a percentage of the total price as shown:

  • Up to 29 days prior to booking’s start date, a 15% of booking’s total amount will be charged.
  • 28 to 14 days prior to booking’s start date, a 35% of booking’s total amount will be charged.
  • 13 to 7 days prior to booking’s start date, a 65% of booking’s total amount will be charged.
  • After 6 days prior to booking’s start date, an 85% of booking’s total amount will be charged.

11. Customer’s Obligations

a. If prior to the commencement of the travel, the Customer identifies any fault it must be reported promptly to PalmHavana at contact@palmhavana.com. Is such fault comes to notice after the beginning date of the travel, the Customer must report it promptly to PalmHavana’s associate avenTOURa at the Edificio Bacardí, 261 Montserrate St., Old Havana, or phone number (+53) 7 863 2800 or (+53) 7 861 5629 and request assistance. If the client fails negligently in reporting any fault there will not be any price diminishing. If the travel service is not delivered accordingly to what’s established in this Contract, the Customer may demand a compensation within a reasonable period of time, in which case PalmHavana may refuse to remedy if this would entail disproportionate expense. PalmHavana is entitled to provide remedy by delivering an equivalent or higher value substitute service.

b. If the performance of the booking is impacted in a negative, significant way due to errors in the travel service and if PalmHavana fails in providing a remedy in a reasonable period of time, the Customer may terminate the Contract. PalmHavana encourages the Customers to promptly report any fault and that a reasonable period of time be conceded, according to Section 651e (“BGB”) in order to provide a remedy, before the termination of the Contract. Granting this reasonable period of time may be overruled only if the early termination of this Contract is justified by any personal interest of the Customer.

c. Guarantee claims against PalmHavana for failures in proportioning a travel service according to what’s established in the Travel Agreement must be sued by the client against PalmHavana in a period no longer than 30 days following the booking’s end date established in the Contract. Following this period of time, the Customer may only sue a claim against PalmHavana he proves that failure in fulfilling the limit period of time was at no fault of his own or if the aforementioned claims constitute an act of offence. This period of time does not apply to luggage damage, delay on luggage delivery or luggage misrouting during flights. It is recommended that these claims be filed promptly the representation offices of your airline.

12. Visa and Passport Requirements. Health regulations policy.

a. PalmHavana will provide its Customers with the required information regarding travel documents, visas and passports in order to use its services. PalmHavana will also inform about the required health regulations in destinations own by PalmHavana. The Customer is held personally responsible for fulfilling these requirements. He shall bear any negative consequences of any failure to comply these regulations, unless PalmHavana fails in providing the necessary information to cover travel necessities.

13. Disclaimer and Liability

a. PalmHavana’s contractual damage liability (not including physical harm) is limited to threefold the arranged booking price per person, proved that damage was caused deliberately or by negligence, or in the event that PalmHavana is strictly responsible for damages caused to the Customer or exclusively by the fact that one of the providers or associates is responsible. Damage to property not caused deliberately or by negligence will be limited to threefold the price of the booking per person. This maximum limit for indemnification applies by client and by reservation. The liability limitations aforementioned does not apply to claim on luggage loss established in the Montreal Convention about luggage losses.

b. PalmHavana will not be responsible for performance damage, physical damage and property damage related with services provided as third party services (e.g. Optional tours, guided tours, independent car hire arranged by the Customer, services provided by local events organizers), if this services are explicitly indicated as third party services in the services description and that the booking confirmation, detailing the contractual participation of the included associate, allows the Customer to verify this services are not provided by PalmHavana.

14. Limitation period. Prohibition of assignment

a. According to Sections 651c to 651f (“BGB”) the Customer claims under the travel agreement for compensation due to property damage and/or financial loss expires after one year. This limitation period begins on the day the booking ends according to the travel agreement. The aforementioned limitation period will be suspended for the time that negotiations are carried on between the Customer and PalmHavana in relation to the claim or its basis. It will begin to run again once the Customer PalmHavana refuses to continue these negotiations. The limitation period will recommence no earlier than 3 months following the end of the suspension. Claims based on offenses as well as all class for compensation of personal injury are subject to the statutory limitation periods.

b. The issuing Customer is not allowed to assign its claims against PalmHavana. This is not valid for accompanying family members or spouses.

15. Others

a. The ineffectiveness of any clause of this contract does not make the remaining clauses ineffective as well. The contractual relationship between the Customer and PalmHavana are exclusively determined by the German Law. PalmHavana may be sue in a court with jurisdiction in its legal address.

16. Legal Identity of PalmHavana and Forms of Payment

a. PalmHavana Tour & Travel will perform representing its major provider, avenTOURa GmbH, to the limit of its jurisdiction. Customers will pay invoices issued by PalmHavana to the accounts of avenTOURa GmbH. avenTOURa GmbH assumes responsibility for the clauses aforementioned in the booking agreement.

 

Tour Operator: avenTOURa GmbH, Rehlingstr. 17, D-79100, Freiburg, Germany
Phone: 0049-(0)761/211699-0 | Fax: 0049-(0)761/211699-9

Valid as for: September, 1st, 2015