General Terms and Conditions
This General Terms and Conditions was last updated on 15/12/2016.
Guarantee fonds for touroperators and its acronym in Dutch: GGTO (Garantiefonds voor Gespecialisserde Touroperators).
Cuba4all Reizen is affiliated to the Guarantee Specialist Tour Operators, GGTO. GGTO warranty ensures that you get back the part of your travel price paid if the travel agent enters insolvency. This may be before your departure as well as during your stay on location. Moreover GGTO ensures your return trip if the tour operator, as a result of financial insolvency, may not operate anymore. The tour operator will charged the traveller a fixed amount of 15 euro, for these Warranties per booking(maximum 10.000 euro). This is how the guarantee fund is built and maintained.
You can check our membership on the website www.stichting-ggto.nl (which is in Dutch) by clicking on the link “angesloten touroperators”. Our membership number is 1378.
CUBA4ALL REIZEN TERMS AND CONDITIONS
If you book a travel package with Cuba4all Reizen the following terms and conditions applies for the whole route, it means, from “before booking” up to “after your trip”.
Article 1. Introductory provisions.
1. The following terms are defined as follows in these Travel Terms and Conditions:
Cuba4all Reizen (Travel organiser): the party which, in the performance of its business, offers prearranged travel packages such as: tours, short programs, accommodations, excursions, etc.
a. the other party of the travel organiser, o
b. the party on whose behalf the travel package has been arranged, and who has accepted this arrangement, or
c. the party to which the legal relationship with the travel organiser has been transferred, in accordance with Article 11 of these terms and conditions.
The contract under which a travel organiser undertakes vis-à-vis its other party to provide a prearranged travel package offered by the travel organiser, which includes an overnight stay for a period of more than 24 hours, and at least two of the following services:
c. another tourist service, not related to transport or accommodation, which forms a significant part of the travel package.
Accommodation-only contracts: travel contracts for which the traveller only reserves holiday accommodation and organises the transport him/herself.
Working days: Mondays through Saturdays, with the exception of legally recognised public holidays.
Office hours: Mondays through Fridays from 9 AM to 6:00 PM and Saturdays from 9 AM to 12 PM, with the exception of legally recognised public holidays.
2. These travel terms and conditions are applicable to all travel contracts and/or services provided by Cuba4all Reizen via the website.
3. The traveller has no right of withdrawal from the contract.
BEFORE BOOKING THE TRAVEL PACKAGE
Article 2. Information provided by Cuba4all Reizen.
1. The traveller him/herself is responsible for obtaining the necessary additional information from the relevant authorities and to ascertain in good time before departure whether or not the information previously obtained has changed.
2. Cuba4all Reizen will inform the traveller on the possibility to take out a cancellation insurance and that a travel insurance must be taken. The travel organiser will state such a condition clearly in the offer.
Cuba4all Reizen can decide to conclude a travel contract subject to the condition that the traveller takes out travel insurance, and can request proof of such insurance.
3. Cuba4all Reizen accepts no responsibility for general information in photos, folders, advertisements, websites and other information carriers, if these have been drawn up or published by third parties.
Article 3. Information provided by the traveller.
1. Before or no later than at the time the contract is concluded, the traveller will provide the Cuba4all Reizen with all information regarding him/herself and the travellers for which he/she has made a booking which could be of importance in the conclusion or realisation of the contract. This will include the numbers of his/her mobile telephones and e-mail addresses, if available.
2. The traveller must provide information concerning the physical and/or mental condition of the traveller(s) (including the use of alcohol, drugs or medicines) if this physical and/or mental condition could result in discomfort, danger or risks to the traveller or to other travellers (passengers and/or crew) or the property of third parties. The passenger is aware that the carrier (for example the captain of an aeroplane) can refuse the passenger the right to further transport if the information turns out to be incorrect or has not been provided. Information must also be provided on any limited mobility, and on the necessity for accompaniment for minor and disabled travellers, pregnant women, persons who are ill and other accompanying travellers. The traveller is aware that the carrier reserves the right to require a medical declaration with regard to specific medical conditions, and in the event that no such a medical declaration is presented, to refuse the traveller the right to (further) transport.
3. The traveller must also indicate any details which could be of importance to the proper realisation of the travel package by Cuba4all Reizen.
4. If the traveller does not comply with his/her obligations to provide information, and this results in said traveller(s) being excluded from (further) participation in the travel package in accordance with the provision in Article 17 paragraph 2, the costs referred to in said article will be charged to him/her.
BOOKING THE TRAVEL PACKAGE
Article 4. Conclusion and content of contract.
1. Offer and acceptance
a) The contract is realized as a result of acceptance by the traveller of the offer of the travel organiser, including the applicable conditions. After the contract is realized, the traveller will receive confirmation of this in writing or electronically as quickly as possible, in the form of an invoice if applicable.
b) In the case of a booking via the internet, Cuba4all Reizen will design the booking process in such a way that the traveller is informed before the acceptance that he/she is entering into a contract, and which terms and conditions are applicable to it. The traveller is bound by this contract from the moment the booking is confirmed by Cuba4all Reizen.
2. Withdrawal of offer
The offer of the travel organiser is free of obligation, and can be withdrawn by the tavel organiser, if necessary. Withdrawal due to a correction of errors in the calculation of the travel sum or of other errors is permitted.
3. Manifest errors
Manifest errors and manifest mistakes are not binding on Cuba4all Reizen. Such errors and mistakes are errors and mistakes which – from the point of view of the average traveller – are or should be recognisable as such at first sight.
4. Termination by Cuba4all Reizen due to low participation
Cuba4all Reizen is entitled to terminate the contract with immediate effect if the number of bookings is lower than the required minimum number. It will state the period of notice and the required minimum number of bookings clearly in the offer. Termination must take place in writing within the period stated in the offer. Articles 12 and 14 are not applicable.
5. Booking party
a) A person who enters into an obligation in the name of or on behalf of another person (the booking party) is jointly and severally liable for all the obligations arising from the contract.
b) All communication (including payment) between the traveller(s) on the one hand and Cuba4all Reizen on the other hand will take place exclusively through the booking party.
c) Each traveller is liable for his/her own share of the contract.
Article 5. Payment, interest and collection costs.
1. Payment of invoice will be made as follows:
1.1 a) Casas Particulares, Short Programs, Excursions and Workshops: Payment of invoice is done in two terms. One part of the total invoice must be paid in The Netherlands and the other one must be paid directly to our partner in Cuba. First payment must be paid in advance. At the moment the contract is realized, a deposit must be paid of 20% of the total agreed travel sum at 14 days invoice date.
b) Rest of first part of the payment in Holland must be made no later than 5 weeks before start date of the purchased travel package..
c) The rest of the invoice must be paid to our local partner in Cuba in the local currency CUC at the exchange rate of the day of payment.
1.2 a) Tours: Total amount of invoice must be paid in Holland. First payment must be paid in advance. At the moment the contract is realized, a deposit must be paid of 20% of the total agreed travel sum at 14 days invoice date.
b) Rest of the payment must be made no later than 5 weeks before start date of the purchased travel package.
2. Cuba4all Reizen will inform clearly in the offer the payment terms.
3. If the traveller does not pay on time, Cuba4all Reizen will send a remainder without any cost, in which the traveller has 7 calendar days to pay the invoice. If invoice remains unpaid, the contract is immediately cancelled and Cuba4all Reizen has the right to charge for cancelation costs. In this case article 11 applies and Cuba4all Reizen will retain any payment made until that moment. If the contract takes place 5 weeks before the starting date of the purchased travel packages, the quantities to be paid are the ones as explained in articles 5.1, 5.2 and 5.3.
4. A traveller who does not comply with a financial obligation to the travel organiser in good time will owe the statutory interest rate on the remaining amount owed. The traveller will also be required to reimburse any collection costs reasonably incurred by the travel organiser.
These amounts will be a maximum of: 15% of travel sums up to €2,500; 10% of the subsequent €2,500 and 5% of the subsequent €5,000, with a minimum of €40. Cuba4all Reizen can deviate from the stated amounts and percentages to the advantage of the traveller.
Article 6. Travel sum.
1. The published travel sum is per person and based on two people per room, unless otherwise indicated.
2. The published travel sum is based on the prices, levies and taxes that were known to Cuba4all Reizen at the time of its publication.
PERIOD AFTER BOOKING THROUGH TO REALISATION OF THE TRAVEL PACKAGE
Article 7. Changes to travel sum.
1. Cuba4all Reizen is entitled to increase the travel sum in the context of changes to the transport costs (including fuel costs), the taxes and levies owed, up to 20 calendar days before the date of departure (in the case of accommodation-only contracts, before the date of arrival at the first booked accommodation). The travel organiser will indicate in this context how the increase has been calculated. Such changes can also lead to a reduction of the travel sum, unless this cannot reasonably be expected of the travel organiser in view of the costs involved.
2. a) The traveller is entitled to reject an increase to the travel sum as referred to in paragraphs 1 and 2. The traveller must make use of this right within three working days of receipt of notification of the increase, on penalty of forfeiture.
b) If the traveller rejects the increase, Cuba4all Reizen is entitled to terminate the contract. He/she must exercise this right within seven working days of receipt of notification of the increase, on penalty of forfeiture. At that point, the traveller is entitled to a waiver of the travel sum or immediate reimbursement of amounts already paid. Articles 12, 13 and 14 are not applicable.
Article 8. Travel contract documents and travellers’ required travel documents.
1. Cuba4all Reizen will ensure that the necessary travel contract documents are in the possession of the traveller no later than 10 calendar days before the day of departure (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation), unless this cannot reasonably be expected of Cuba4all Reizen.
2. If the traveller has not received any travel contract documents within five working days before departure at the latest, he/she must notify the travel organiser or the booking office to this effect immediately.
3. In the case of travel packages booked less than 10 calendar days before the date of departure (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation), the travel organiser or the booking office will indicate when and how the necessary travel contract documents will be put in the possession of the traveller. If the traveller does not receive these accordingly, he/she must immediately notify the travel organiser or the booking office to this effect.
4. The traveller him/herself is responsible for having the necessary travel documents with him/her, such as a valid passport or, where permitted, an identity card and any necessary visas, proofs of immunisations and vaccinations, driving licence and international motor insurance certificate. If the traveller is unable to undertake all or part of the travel package as a result of not being in possession of any document, or of such a document not being valid, any and all consequences of this will be at the traveller's expense, unless the travel organiser has undertaken that it would arrange the document in question, and its absence can be imputed to Cuba4all Reizen, or if Cuba4all Reizen has failed to comply with its information obligation under Article 2 paragraph 1.
5. It is mandatory to travel with a travel insurance with global cover. The insurance must be issued with a company that is recognized by the Cuban government. The travel insurance should cover all medical costs that the traveller could incur during his holiday in Cuba. Also Cuba4all Reizen recommends to contract a cancellation insurance.
Article 9. Changes instigated by the traveller.
1. After the contract has been realized, the traveller can request changes to it. This is subject to the condition that the traveller pays the amended travel sum, after deduction of the amounts already paid. Furthermore, the traveller is required to pay an amendment fee per booking, and, if appropriate, communication costs, as stated in the offer. A decision regarding the request will be taken as quickly as possible. These amendments will be implemented as much as possible, up to 28 calendar days before departure, and if successful confirmed in writing by Cuba4all Reizen.
2. Rejection of the amendments requested by the traveller will be notified by the travel organiser to the traveller immediately, giving reasons. The traveller can proceed with the original contract, or cancel it. If he/she chooses to cancel the contract, Article 11 will be applicable. If there is no response from the traveller to the rejection of his/her request, the original contract will be enforced.
3. A change to the departure date or a reduction to the number of paying passengers will be considered a cancellation or part cancellation, to which Article 11 is applicable. In such cases, no amendment fee or communication costs will be owed.
Article 10. Substitution.
1. The traveller can be substituted by another person, in good time before commencement of the travel package. This is subject to the following conditions:
♦ the other person complies with all the conditions to which the contract is subject; and
♦ the request is submitted no later than seven calendar days before departure, or in good time such that the necessary actions and formalities can still be carried out; and
♦ the terms and conditions of the service providers involved in the fulfilment do not preclude such substitution.
2. The booking party, the traveller and the person substituting for the traveller are jointly and severally liable vis-à-vis the travel organiser for payment of the as yet unpaid part of the travel sum, the amendment fee and communication costs referred to in Article 9 paragraph 1 and any additional costs resulting from the substitution.
Article 11. Cancellation by the traveller.
1. Cancellation fee
In the event that a contract is cancelled, the travel organiser can charge the traveller the following cancellation fees, in addition to any reservation costs owed:
♦ in the case of cancellation up to the 35th calendar day (exclusive) before the starting date of any of the services that Cuba4all Reizen provide: the deposit;
♦ in the case of cancellation from the 35th calendar day (inclusive) to the 28th calendar day (exclusive) before the starting date of any of the services that Cuba4all Reizen provide: 35% of the travel sum;
♦ in the case of cancellation from the 28th calendar day (inclusive) to the 21st day (exclusive) before the starting date of any of the services that Cuba4all Reizen provide: 40% of the travel sum;
♦ in the case of cancellation from the 21st calendar day (inclusive) to the 14th day (exclusive) before the starting date of any of the services that Cuba4all Reizen provide: 60% of the travel sum;
♦ in the case of cancellation from the 14th calendar day (inclusive) to the 5th day (exclusive) before the starting date of any of the services that Cuba4all Reizen provide: 75% of the travel sum;
♦ in the case of cancellation from the 5th calendar day (inclusive) until the day before the starting date of any of the services that Cuba4all Reizen provide: 90% of the travel sum;
♦ in the case of cancellation on the starting date of any of the services that Cuba4all Reizen provide or later: the full travel sum.
2. Partial cancellation
a) If a traveller in a party cancels his/her share of a contract for one of the services offered by Cuba4all Reizen or other accommodation, he/she will owe a cancellation fee.
b) If the size of the remaining group is listed in the price table for the accommodation, the Cuba4all Reizen will make an amendment proposal to the remaining traveller(s) which is suitable to the new group size, for the same period and in the same accommodation.
c) The travel sum will be amended for the traveller(s) referred to in point b. in accordance with the price table. The normal payment rules of Article 5 will apply to the amended travel sum.
d) If the amendment offer is not possible or is not accepted, the contract will be cancelled for all the travellers, and all the travellers will owe a cancellation fee.
e) The total amount of the cancellation fee and amended travel sum can never exceed the total travel sum of the original travellers. Any excess will be deducted from the new travel sum.
3. Outside office hours
Cancellations made outside office hours are deemed to have taken place on the next working day.
In the event that no cancellation takes place, but the traveller chooses substitution, Article 10 is applicable.
Article 12. Cancellation by Cuba4all Reizen.
1. Cuba4all Reizen is entitled to terminate the contract due to exceptional circumstances.
2.The term exceptional circumstances is deemed to mean circumstances which are of such a nature that it cannot reasonably be expected of the travel organiser that it remains bound by the contract.
3. An exceptional circumstance for the travel organiser is deemed to exist in any event if a “Dekkingsbeperking” (cover restriction) or a “Uitkeringsvatbare situatie” (payout eligibility situation) as determined by the Calamity Committee of the Calamity Fund, is applicable before the date of departure, for the area in question.
4. a) If the cause of the cancellation can be attributed to the traveller, the loss arising from this will be borne by the traveller.
b) If the cause of the cancellation can be attributed to Cuba4all Reizen, the loss arising from this will be borne by Cuba4all Reizen with a maximum amount of the travel amount paid. Whether this is the case is determined on the basis of Article 14.
c) If the cause of the termination cannot be attributed to either the traveller or the travel organiser, each of the parties will bear their own loss as stated in Article 15.
Article 13. Changes instigated by Cuba4all Reizen.
1. a) Cuba4all Reizen is entitled to change the agreed service provision due to exceptional circumstances as described in greater detail in Article 12 paragraph 2.
Cuba4all Reizen will notify the traveller of changes within three calendar days of being notified of the change. As of 10 calendar days before starting date of the purchased trip package (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation) Cuba4all Reizen will notify the traveller within one calendar day.
2. a) In the event of a change, Cuba4all Reizen will make the traveller an alternative offer, if possible. The travel organiser will do this within three calendar days of being notified of the change. As of 10 calendar days before starting date of the purchased trip package (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation) a period of one calendar day applies for this.
b) The alternative offer must be at least equivalent. The equivalence of alternative accommodation must be evaluated on the basis of objective standards and must be determined according to the following circumstances which must be apparent from the replacement offer:
♦ the siting of the accommodation in the destination location;
♦ the nature and class of the accommodation;
♦ the other facilities which the accommodation offers.
The evaluation referred to above must take into account:
♦ the composition of the party;
♦ the special characteristics or circumstances of the traveller(s) involved, deemed by the traveller(s) to be of essential importance, made known to the travel organiser and confirmed by the travel organiser in writing;
3. a) A traveller who makes use of his/her right to reject the change or alternative offer pursuant to the previous paragraphs must make this known within three calendar days of receipt of the notice on the change or of the alternative offer. As of 10 calendar days before starting date of the purchased trip package, a period of one calendar day is applicable to this.
b) If the traveller rejects the change of the alternative offer, Cuba4all Reizen is entitled to terminate the contract with immediate effect. The traveller must make use of this right within three calendar days of receipt of the change, on penalty of forfeiture. As of 10 calendar days before starting date of the purchased trip package (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation) a period of one calendar day applies for this.
c) In such cases, the traveller is entitled to a waiver of the travel sum or reimbursement of the travel sum (or, if the travel package has already been partially taken, to reimbursement of a proportionate part thereof) within two weeks, without prejudice to any right the traveller may have to compensation for loss as referred to in paragraph 5.
4. If the period referred to in paragraphs 1, 2 and 3 of this article ends on a Sunday or a public holiday in The Netherlands, the period will be extended to 12 noon on the next working day.
5. a) If the cause of the change can be attributed to Cuba4all Reizen, the loss of the traveller arising from this will be borne by Cuba4all Reizen. Whether this is the case is determined on the basis of Article 14.
b) If the cause of the change can be attributed to the traveller, the loss arising from this will be borne by the traveller.
c) If the cause of the change cannot be attributed to either the traveller or Cuba4all Reizen, each of the parties will bear their own loss as stated in Article 15.
6. If a significant portion of the services to which the contract pertains cannot be provided after the commencement of an agreed travel package, Cuba4all Reizen will ensure that suitable alternative arrangements are made with a view to continuation of the journey. (For the costs of this, see Article 15).
If such arrangements are not possible, Cuba4all Reizen will provide the traveller(s) with an equivalent means of transport, if necessary, which will bring him/her to the departure location or another return location agreed with the traveller(s). (For the costs of this, see Article 15.)
Article 14. Liability and force majeure.
1. Cuba4all Reizen is responsible for the proper execution of the trip according to the travel contract, taking into account the specific situation of the destination, the local conditions, customs, use and limitations of the Country and the nature of the trip.
2. If the travel package fails to meet the expectations referred to in paragraph 1, the traveller is required to notify the parties involved as quickly as possible, as referred to in Article 18 paragraph 1.
3. If the travel package fails to meet the expectations referred to in paragraph 1, Cuba4all Reizen is required to reimburse the traveller for any loss, (this would never be more than the total amount of the trip less the already paid costs.) without prejudice to the provisions in Article 15, 16 and 17, unless the failure in the performance is not attributable to Cuba4all Reizen or to the person assisting him in the fulfilment of the contract, because:
a) the failure in the performance of the contract is attributable to the traveller including damages caused because of his/her health condition.; or
b) the failure in the performance of the contract could not be foreseen or could not be neutralized and is attributable to a third party who was not involved in the provision of the services included in the travel package; or
c) the failure in the performance of the contract is caused by an event which could not be foreseen or rectified, despite exercising all due care, by Cuba4all Reizen or by the person assisting with the fulfilment of the contract; or
d) the failure in the performance of the contract is caused by force majeure as referred to in paragraph 4 of this article.
4. The term force majeure is deemed to include abnormal and unforeseen conditions which are independent of the will of the person invoking it, and the consequences of which could not be avoided, despite all precautionary measures.
5. Liability Third party. Some tours, sports activities, excursions, etc can be booked direct at destination that are not part of Cuba4all Reizen. Such activities not included in the original package tour, are not the responsibility of Cuba4all Reizen. Cuba4all Reizen in no event be liable for any damage or inconvenience caused by the acts of others.
6. Cuba4all Reizen is not responsible for theft, losses or damage on the belongings of the travellers.
7. Cuba4all Reizen is not responsible for the mistakes made by airlines.
8. Cuba4all Reizen assumes not liablility for damages when they are covered by a travel insurance or a cancellation insurance.
Article 15. Help and assistance.
1. a) Depending on the circumstances, Cuba4all Reizen is required to provide the traveller with help and assistance if the travel package does not meet the expectations which the traveller could reasonably have on the grounds of the contract. The costs arising from this shall be borne by the Cuba4all Reizen if the failure in the performance of the contract is attributable to Cuba4all Reizen in accordance with Article 14 paragraph 3.
b) In the event that the cause is attributable to the traveller, Cuba4all Reizen is only required to provide help and assistance in as much as this can reasonably be expected of it. In such cases, the costs will be borne by the traveller.
2. In the event that the travel package does not meet the expectations which the traveller could reasonably have had as a result of circumstances which are attributable to neither the traveller nor Cuba4all Reizen, each party will bear its own loss. For Cuba4all Reizen this will include extra manpower; for the traveller this will include additional accommodation and repatriation costs.
Article 16. Exclusions and restrictions to liability of Cuba4all Reizen
1. a) In the event that a service included in the travel package is subject to a Convention, bye-law or law which awards or permits an exclusion or limitation of liability on the part of the service provider, the liability of the travel organiser is also accordingly excluded or limited.
b) Cuba4all Reizen is also not liable if and inasmuch as the traveller is able to recover his/her loss under an insurance policy, such as a travel insurance and/or cancellation cost insurance policy.
2. The exclusions and/or limitations of liability of the travel organiser contained in this article also apply to employees of the travel organiser, and the service providers involved, as well as their staff, unless a Convention, bye-law or law excludes this.
Article 17. Obligations of the traveller.
1.The traveller(s) is/are required to comply with all instructions of Cuba4all Reizen in the context of promoting a good fulfilment of the travel package and is/are liable for loss caused by his/her/their unauthorised behaviour.
2.The traveller who causes or could cause hindrance or nuisance to such an extent that a good fulfilment of a travel package is or could be greatly impeded may be excluded from the travel package or the rest of the travel package by the travel organiser, if it cannot reasonably be required of Cuba4all Reizen to fulfil the contract.
3. All costs arising from a situation as described in paragraph 2 item a will be borne by the traveller, if and inasmuch as the consequences of hindrance or nuisance can be attributed to the traveller.
4. The traveller is required to avoid or limit any loss as much as possible, in particular by complying with his/her reporting obligation as described in greater detail in Article 18 paragraph 1.
Article 18. Complaints during the travel.
1. A failure in the performance of the contract as referred to in article 14 paragraph 2 must be notified as quickly as possible on site, so that a solution can be sought. In this context, the traveller must report – in the following sequence – to:
♦ the service provider in question,
♦ the local travel organiser representative or, if he/she is not present or available,
♦ Cuba4all Reizen.
In the event that the shortcoming is not removed, and negatively affects the quality of the travel package, this must in any event be notified immediately to Cuba4all Reizen in The Netherlands.
2. Cuba4all Reizen will ensure that there is information in the travel documents regarding the procedure to be followed on site, the contact details and availability of the persons in question.
3. If there are any failures on the travel program, the traveller should contact Cuba4all Reizen local representative as soon as possible in Cuba. An on time notification will prevent uncomfortable trip situations in many cases. A lack of reporting complaints on time will be considered that the traveller or travellers waive any claim for damages or restituition of the amounts paid.
Claim must be made directly by email or phone to the representative of Cuba4all Reizen in Cuba or Cuba4all Reizen in The Netherlands, always during the trip. Complaints not submitted during the trip will not be considered as valid.
Article 19. Complaints after the travel package.
1. If a complaint has not been resolved satisfactorily, it must be submitted in writing, giving details, to Cuba4all Reizen within one month of the end of the travel package (or the service used), or after the original date of departure if the travel package has not gone ahead.
2. In the event that the traveller does not submit the complaint in good time, it will not be processed by Cuba4all Reizen.
3. Cuba4all Reizen will issue a written response no later than one month after receipt of the complaint.
Article 20. Disputes.
1. Any dispute between Cuba4all Reizen and the client only the jurisdiction and the laws of The Netherlands will apply.
2. Disputes between Cuba4all Reizen and the clients will be decided excusively by a competent Court in The Netherlands.
3. All rights of claim will lapse one year after the end of the travel package (or, if the travel package did not take place, one year after the original date of departure). Claims relating to injury expire one year after the end of the travel package (or, if the travel package did not take place, one year after the original date of departure). The parties are bound by the periods referred to in this paragraph unless it is unacceptable on the grounds of reasonableness and fairness that the travel organiser invokes these periods.