Our Terms & Conditions
OUR TERMS & CONDITIONS
General TERMS & CONDITIONS for Business, Travel and Payment
please read the following general terms and conditions regarding business, travel and payment carefully, as you accept them with your booking. They will be transmitted to you and count towards all our programs and services.
Besides, please read the Cuba Travel Information on our website very carefully as this is also an important part of the contract for Cuba trips.
1. Conclusion of the travel contract
1.1 The booking, which has to be made in written format, constitutes a binding offer from the traveler to the registered tour operator ACTIVE REISEN with all of its operator sub-brands (like Cuba4Travel, Cuba-Diving, Dive-World, Activreisen 60plus, Active Travel & Diving, Mallorca-Activreisen, Bavaria-Franconia-Travel among others – subsequently called ‘ACTIVE REISEN’) to conclude a travel contract. If two or more participants are registered, the person concluding the booking accepts to hold liability for all participants and their contractual responsibilities upon signing the contract.
1.2 The travel contract becomes effective with the acceptance through the tour operator.
2. Prices and Payment
2.1 Upon contract formation, a deposit of at least 25% of the total travel price has to be paid if not stated otherwise in the description of services. For group and safari bookings it can go up to 40% by agreement. For cruises and trips to Jardines de la Reina/Cuba, as well as other safari destinations it has to be 50% since the local authorities expect that sort of deposit. We charge at least 15 EUR for the handling of travel and diving-vouchers.
2.2 After paying the deposit, additional costs need to be paid immediately in full when securing additional services (taxes, fees, Insurance, etc.).
2.3 The full payment of the invoice must be in our accounts 30 days before travelling. The operator has no obligation to remind you of this deadline. For trips to to Jardines de la Reina and other safari destinations, final payments have to be in our accounts 6 weeks before the start of the journey. For trips with a minimum number of participants, the final payment becomes due only if ACTIVE REISEN is not entitled to cancel the journey anymore.
2.4 All payments are to be made via transfers while arising banking charges are at the expense of the customer. Upon all foreign transfers, ACTIVE REISEN charges a banking fee of 20 EUR per draft.
2.5 Payments via credit card are not accepted.
2.6 Your completed payments are properly protected from bankruptcy according to paragraph 651k BGB.
2.7 In case the deposit payment or final payment for the trip is not paid by their deadlines, ACTIVE REISEN is entitled to void the travel contract and to charge the recission fees as indemnity, provided, a flaw in the trip plan qualifying it for cancellation is not already existent.
3.1 The scope of the travel services that have to be performed contractually result from the statements in the offer range of ACTIVE REISEN and from the statements referring to this in the travel confirmation. Alterations- and additional Agreements, that involve the scope of the contractual performances, need the written confirmation from ACTIVE REISEN.
3.2 Your trip starts and ends, depending on the length of your stay, at the departure and arrival times shown in the program description.
3.3 If you, for a compelling reason, end up not taking individual services you already paid for, ACTIVE REISEN can only come up with a partial refund if the respective, on-site service provider of the services shown in the program description (The hotel, transport company, safari boat, diving base, etc.) issues a confirmed written credit advice. A refund is impossible if the services are extraneous and/or are the customer’s own fault.
3.4 If you want to extend your journey, please contact our German office or one of our offices on site timely.
4. Service and price alterations
4.1 Alterations or deviations of individual travel services of the arranged content of the travel contract that become necessary after contract formation and are not precipitated by the travel operator in bad faith, are only allowed if the alterations or deviations are not considerable and the fully planned program of the booked trip is not impaired by them. Changes in the order of the program, during the overnight stays, the preparation of alternative programs as well as surrogate services are reserved if required in case of unforeseeable events. If the minimum number of participants stated in the program description is not succeeded for an essential travel service, ACTIVE REISEN is able to change the travel service or cancel the trip until up to 14 days before the contractually agreed upon beginning of the journey. ACTIVE REISEN will inform the customer about such alterations instantaneously.
4.2 ACTIVE REISEN is entitled to change the prices that are shown and confirmed with the booking in case the transportation cost or the cost for specific services, like harbor or airport taxes or alterations in the exchange rates concerning the respective trip, depending on how the markup per person affects the general travel price and as long as more than three months from the formation of the contract to the starting date of the journey.
4.3 In the case of a subsequent alteration of the travel price or an alteration of an essential service part of the trip, the customer will immediately be informed before the start of the trip. After this point, increasing the prices is prohibited. Upon price increases by more than 10 percent or in the case of a considerable alteration of an essential travel service, the customer is eligible to rescind the travel contract without costs or is at least allowed to request the participation in an equivalent trip if ACTIVE REISEN is able to offer such a trip to the customer from their range of trips without additional charges. These rights have to be validated with ACTIVE REISEN by the customer right after having received the information about the price increase or essential alterations of travel services.
5. Withdrawal, booking changes, participant changes
5.1 If the customer asks for a third person to go on the trip of him instead, a processing fee of 150€ per person will be charged. A participant change is only possible until 30 days before the start of the trip. Any changes made lateron are only feasible after the customer has already canceled his former journey. For flight bookings and offers as well as flights from the add-on-modules, transfers and name changes can only be effected as new bookings and if there is enough room available.
5.2 For booking changes, in respect of the date of the trip, accommodation, meals, the travel destination and the departure airport, a processing fee of 150€ will be charged per person until 30 days before the beginning of the trip. From the 29th day before the start of the trip, travel changing wishes are only considered after rescinding the travel contract and forming a completely new booking. If the customer withdraws from the travel contract or does not start the trip, then ACTIVE REISEN is entitled to charge generalized withdrawal fees amounting to the cancelation fees as an appropriate compensation for the arrangements and effort made for the journey.
5.3 ACTIVE REISEN may ask for a higher claim for damage as agreed in the general withdrawal rules, if ACTIVE REISEN can prove it. In case the customer alleges that the claim for damage from ACTIVE REISEN is lower than agreed-upon in the general withdrawal rules, it has to be proven.
5.4 In case the travel price is based on the occupancy of the accommodation (double rooms, triple rooms, cabins with more beds, apartments, bungalows, etc.) and one of the fellow travelers withdraws from the travel contract, the travel price for the remaining participants calculates anew according to the reduced number of people and at least half of the complete travel price of the withdrawn travel participant is to be paid. If the accommodation requires a general lodging price the complete travel price will have to be charged.
5.5 A travel cancelation fee insurance is not contained in the travel price. ACTIVE REISEN urgently recommends getting coverage through this insurance upon booking the trip.
6. Withdrawals and termination through ACTIVE REISEN:
In the following cases, ACTIVE REISEN can withdraw from the travel contract before or annul the travel contract after the start of the trip:
Without adherence to a time limit, if the travel participant persistently disturbs the execution of the trip despite a warning from ACTIVE REISEN or if the travel participant behaves contrary to the contract to such an extent, that the immediate annulment of the contract is justified. If ACTIVE REISEN terminates the contract, then ACTIVE REISEN will keep the claim to the full price of the trip. Possible additional costs for the transportation upon returning, the travel participant bears himself. However, ACTIVE REISEN has to impute the value of the spared expenditures as well as the advantages that ACTIVE REISEN receives from another use of the unutilized services, including the amounts refunded from the service providers to ACTIVE REISEN.
7.1 If travel services are not provided in accordance to the contract, then the customer can request redress in an appropriate time period. The customer has to point out any flaws immediately (without undue delay). ACTIVE REISEN can refuse redress if it requires a disproportionate service.
ACTIVE REISEN can also provide redress in the manner of a surrogate service reasonable for the customer so that is of at least equal value, as long as the flaw was not caused in bad faith or the redress does not constitute a prohibited change in the contract.
7.2 In case flaws or deficiencies occur, the customer is obliged to reprimand them to the hosting service provider immediately in order to give them the opportunity to deal with the problem as soon as possible. If the service provider does not manage to provide redress in due time, the customer is to inform the local travel guide, the operator on site or the substitute for ACTIVE REISEN in written form. The same applies if the customer's complaint to the service provider is not possible or reasonable.
7.3 If the customer at fault omits the deficiency complaint, he is insofar excluded from the right to reduce the price or an indemnity claim and has no right to demand refunds.
7.4 A termination of the travel contract through the customer because of a travel deficiency that impairs the trip considerably is only valid if ACTIVE REISEN does not provide reasonable redress after an appropriate time period for resolving this issue was suggested to ACTIVE REISEN by the customer. A deadline is not necessary if providing redress is impossible, is declined by ACTIVE REISEN or if the immediate termination is justified in special interest of the customer.
8. Registering claims/Prescription
8.1 If the customer wants to claim a price reduction, indemnity, travel deficiencies, indemnity due to contractual or tortious liability, reimbursement of expenses, the refund of the price for the trip, or parts of it or indemnity after termination of the travel contract or after cancelation of the trip due to other reasons, then he is to point out said claims on site at the respective travel destination immediately and without hesitation. After the end of the trip, the customer has a time period of one month to register their complaint with ACTIVE REISEN in written form, while stating the reasons for it. Service providers, travel guides or other local or suburban agencies are not empowered to accept claim registrations.
The deadline for claim registrations, which is within one month after the end of the trip, is only retained, if the customer has sent his explanation to ACTIVE REISEN before the end of it, unless the customer was prevented from making the deadline through no fault of his own.
8.2 The claims can also be registered by the customer, except on his behalf, for relatives who are fellow travelers or on the behalf of other participants the customer appeared for when registering for the trip. The registration of claims from third parties that do not belong to this circle of people is void, without it needing an immediate rejection through ACTIVE REISEN, if no authorization document is presented within the filing period.
8.3 Customer claims arising from warranty and contractual liability shall lapse after six months. The period begins on the day on which the trip is contractually set to end. If the customer asserted such claims, the limitation period is suspended until the day on which the tour operator rejects the claims in writing.
8.4 Claims arising out of unauthorized acts become void in one year
9. Constraint of liability
9.1 ACTIVE REISEN’s contractual liability for damages that are not bodily injuries is limited to three times the travel price, as long as the customer’s damage was precipitated neither purposely nor recklessly, or ACTIVE REISEN is responsible for the damage arising for the customer solely due to a service provider’s fault. ACTIVE TRAVEL recommends to the customer to take out a comprehensive travel insurance as well as travel accident and baggage insurance.
9.2 If ACTIVE REISEN finds itself in the position of providing a contractual air carrier, then liability is subject to the regulations of the Air Traffic Act or the international convention of Warsaw, The Hague, Guadalajara as well as the Montreal Agreement.
Hereby, the liability of the air carrier is limited upon death or bodily injuries as well as for loss or damage of luggage.
10. Diving courses and programs
The travel participant explains through their registration that, medically, there are no concerns regarding a participation in diving courses and programs and agrees to present a mandatory medical check-up certificate for diving at the diving trip destination. During the diving course and program the diving instructors’ instructions have to be followed. Infringements implicate immediate exclusion without entitlement for a refund. Diving program participants have to have the appropriate amount of diving experience. Diving services that are not utilized are not eligible to be refunded.
11. Passport, Visa and health regulations
11.1 The traveler is compelled to consider the respective travel regulations of the destination country and is responsible for the timely issuance of a visa himself. The information regarding entry and health regulations in the ‘Prices’ or ‘Info’-section are valid for German citizens at the point of issuing the citizenship, after the notices of the foreign office and the respective country’s embassy. Ancillary to the current status, the customer will be briefed on the entry requirements through us and our distributors.
11.2 The relevant consulate will furnish particulars for citizens of other countries.
12. Travel, Withdrawal and Cancelation Fees:
Upon withdrawal, the general withdrawal cost per travel participant, including all contractual services, holiday packages with hotel, bungalow, rental car, diving program and round trip services amount to:
25% of the travel price until 31 days before the start of the journey
30% of the travel price from the 30th, until the 21st day before the start of the journey
40% of the travel price from the 20th, until the 15th day before the start of the journey
50% of the travel price from the 14th, until the 7th day before the start of the journey
75% of the travel price from the 6th, until the 3rd day before the start of the journey
95% of the travel price from the 2nd day before the start of the journey and the day of departure
Cancelation fees for cruises
The general withdrawal cost per travel participant and for all cruises amount to:
50% of the travel price until 61 days before the start of the journey
60% of the travel price from the 60th until the 31st day before the start of the journey
75% of the travel price from the 30th until the 15th day before the start of the journey
95% of the travel price from the 14th day before the start of the journey and the day of departure.
In case the participant does not appear on the day of departure or 1 day before embarkation, the cancelation fee amounts to 95% of the travel price.
Please note that any Consular service or handling fees are non-refundable.
For an cancelation for abroad, an additional processing fee of 150€ is charged per person.
ACTIVE REISEN, as well as Cuba4Travel and Cuba-Diving are explicitly eligible to undertake the reversal collection and travel cost collection from the travel participants for the tour operators Cuba4Travel, Cuba-Diving, Active Travel and Diving Ltd. and all other respective Cuban service providers and tour operators in Cuba.
13. Travel Price Protection (Secured Payment Certificate)
The customer’s travel price is protected with a German secured payment certificate according to §651k par. 3BGB.
14. Tour operator
(Commercial Register: HRA 10239 | Registration court: AG Berlin)
<>CUBA4TRAVEL <> CUBA-DIVING <> Caribbean Sunshine Agency <> Crystal Water
Premises and Tourist Office:
International Booking Office & Marketing Section
Detlev Otto Karl Janeke
Telefon: +49 15734530058
Insolvency Insurance – Travel Price Protection
R+V Allgemeine Versicherung AG
Taunusstr. 1, 65193 Wiesbaden-Germany
Spatial Scope: Worldwide
Tour Operator – Business Liability Insurance
Generali Versicherung AG
Adenauerring 7, 81737 Munich-Germany
Spatial Scope: Worldwide
Our contacts and office telephone numbers in Cuba:
Office Havana: Tel.: +53 (0) 55650239
Maria Elena (English + Spanish), Mary Triny (Spanish + French), Dailyn (Spanish + German)
Roundtrips / Havana / Hotels / Transfers GranCuba Turmundo / Islands / Salsa Courses:
Havana Tel.: +53 (0) 7835 1111 (English, Spanish, German)
Round trips / Islands / Hotels / Transfers Cubanacan Viajes / Havana / Dive Packages:
Havana-West Cuba: Jorge Luis Tel.: 0526 805 24 (English + Spanish)
Varadero-North Coast: Yoandis Tel.: 0529 647 65 (English + Spanish)
Holguin-East Cuba: Jorge Tel.: 0528 553 97 (English + Spanish)
Bicycle Tours / Round trips / Hiking Tours / Language Café:
Hanssa Tel.: 07204 5433 (English + Spanish)
Mikel Tel.: 0528 133 79 (English + Spanish)
Hotline: Tel.: 0527 221 26 (English + Spanish)
Havana / Cayo Largo / Jardines de la Reina / Dive Safaris:
Pepe Tel.: 0528 637 29 (English + Spanish)
Ruxandra Tel.: 0528 618 18 (English + Spanish)
Juraco / Jardines de la Reina:
Casimiro Tel.: 0528 645 64 (English + Spanish)
Harito Tel.: 0528 086 79 / 0332 6659 (English + Spanish)
Port of Jucaro Tel.: 0339 8104 (Spanish)
Hotline Tel.: 0528 67000 (English + Spanish)
Isla de la Juventud / Ruta de los Indios:
Maria Elena Tel.: 053 702235 (English+ Spanish)
Travel Agency South America & Caribbean
ACTIVE TRAVEL & DIVING LTD.
International Dive & Travel Tours
120 A New Road
Belize City, Belize
Central America - Caribbean
15.1 The venue for all legal disputes is the operator’s place of business.
15.2 If one of the contract conditions is, or should become void, the other conditions keep their validity nevertheless and the efficacy of the travel contract stays unaffected.
Dispute resolution process of an arbitration board:
As a neutral authority, the arbitration board for consumers helps consumers and entrepreneurs to resolve extrajudicial disputes.
Consumer dispute resolution:
According to VSBG we announce which arbitration board for consumers is responsible for the brand Cuba4Travel or company Active Reisen e.K.
General arbitration board for consumers of the Zentrum für Schlichtung e.V.:
Straßburger Str. 8
Tel.: +49 7851 79579 40
Fax: +49 7851 79579 41
This arbitration board is a ‘general arbitration board for consumers’ according to $4 clause 2 article 2 VSBG.
EU dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.
Our e-mail address can be found above in the site notice.
Dispute resolution proceedings in front of a consumer arbitration board
We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
Effective: August 2017