1. Conclusion of travel contract
By sending the travel registration or the booking order, the customer concludes a binding travel contract with Profil Cuba-Reisen, Manfred Sill e. K. (below referred to as: Profil CubaReisen). The travel registration or the booking order should always be made in writing, whenever possible. The applicant is possibly also liable for the contractual obligations of the participants mentioned in the travel registration, provided that this person has assumed this obligation by means of an express declaration.
The travel contract shall become effective with acceptance of the registration or of the booking order by Profil Cuba-Reisen. Written confirmation of booking will be provided at the moment the contract is concluded or immediately afterwards.
If the contents of the booking confirmation deviate from the contents of the travel registration, this shall constitute a new offer by the tour operator. The contract comes into existence on the basis of this new offer if the traveler declares his acceptance to the tour operator within the commitment period, makes payment or if the service is provided according to the confirmation without opposition.
The scope of performances that are agreed upon by contract can be determined from the specification of services in the brochures and other promotional advertising, the written offer, the web page of Profil Cuba-Reisen as well as from the details in the travel confirmation and invoice. The corresponding information provided is binding for Profil CubaReisen. Regarding the respective travel description, Profil Cuba-Reisen explicitly reserves the right in accordance with Section 4(2) of BGB-InfoVO (Civil Code of Germany), to amend the travel description due to objectively justifiable, significant and unforeseeable reasons prior to concluding the contract. The customer will be informed about any change before booking.
The number of participants mentioned in travel descriptions of group tours is only a guideline. Profil Cuba-Reisen reserves the right to carry out the trips with a higher or smaller number of participants provided that this does not change the character of the tours significantly. A higher or smaller number than the given number of participants is no travel deficiency and does not justify a cancellation of the travel contract free of charge.
3. Modification of services and prices
Services that are arranged by Profil Cuba-Reisen as third-party services are expressly described as third-party services in the booking description. The general terms and conditions drawn up by the corresponding tour operator apply insofar as they have formed the basis of this contract.
Changes or deviations of individual travel services from the agreed upon content of the travel contract that become necessary after contract conclusion and are not caused by the tour operator against an act of good faith, are only permissible as long as the changes and deviations are not significant and do not diminish the overall design of the booked trip.
a) In case of modifications of booking made by the service provider, e.g. in case of overbooking, the customer is entitled to get an equivalent accommodation in the same or in a similar situation respectively in the same district. A change of booking from non-available or overbooked hotels to private accommodations (Casas Particulares) (and vice versa), is permissible as far as the alternative accommodation is comparable with the originally planned accommodation in terms of situation, comfort and catering.
b) Price changes after booking. Profil Cuba-Reisen reserves the right to alter the indicated prices which have been confirmed on booking in case of an increase of transportation costs or of fees for particular services, such as port or airport charges, or in case of an alteration of the exchange rates applicable to the holiday in question, on the following terms: a) In the event of an increase on a per-seat basis, Profil Cuba-Reisen may charge to customers the amount of this increase. b) In other cases the additional transport costs charged by the transport provider per means of transport are divided by the number of seats for the contractual means of transport. Profil Cuba-Reisen may charge to customers the resulting amount for individual seats on a pro-rata basis. If the duties applicable on the date of the contract conclusion, like e.g. port or airport fees should be increased towards the tour operator, the travel price can be increased by the corresponding proportional amount. An increase is only valid in case of a period of 4 months between conclusion of the contract and the concerted travel date. In the instance of a retrospective amendment to the tour price or an amendment to a significant tour service, Profil Cuba-Reisen is obliged to inform the client thereof without delay and no later than 21 days before the tour start date. Price increases after this period are not permissible. In the instance of price increases of over 5% or significant amendment to a fundamental tour service, the client is entitled to withdraw from the contract free of charge or demand participation in a tour of at least the same value if Profil Cuba-Reisen is able to offer the client such a tour from their tour portfolio at no extra cost. The customer must assert these rights against the tour operator immediately upon receipt of the latter's declaration of the price increase or of the amendment of the travel service.
4. Payment and delivery of travel documents
a) For package tours and individual services organized by Profil Cuba-Reisen. Upon contract conclusion and delivery of the certificate of insurance, an advance payment of 20% of the agreed upon travel price will be due for immediate payment. The outstanding balance must be settled 28 days prior to departure. In case of tours which are dependent on the attainment of the mentioned minimum number of participants, the outstanding balance shall only be paid if the execution of this trip is ensured.
If other payment periods apply for flights related to this trip, the customer will be informed under the terms of the corresponding offer. The corresponding flight will be charged separately.
Travel documents will be sent or handed over to the customer immediately after receipt of the remaining payment no later than 14 days before departure respectively before start of the first travel service. Especially the delivery of paper flight tickets is depending on the working method of the ticket issuing parties or of the airlines in question and may be subject to a delay of up to one week prior to departure. We will inform our customers accordingly, if necessary. In general all travel documents are delivered to the customers via electronic mail or paper mail. If a different flight is booked upon request of the customer as part of a package tour (e.g. with deviating travel data or with another airline than the one provided in the tour information), other payment or ticketing periods may apply. See c).
b) For tours brokered by Profil Cuba-Reisen which are no package tours. When booking individual tours which are only brokered by Profil-Cuba Reisen, the level of deposit as well as the payment periods may differ from the payment periods given in a), depending on the terms and conditions of the respective tour operator. We will inform our customers accordingly prior to conclusion of the contract, if necessary.
c) “Flight only” bookings or flight bookings in association with an individual reservation. We are able to reserve the flights in question without any obligation to a maximum of 3 days, to the extent permitted by the applied fare. Deviating payment terms may come into effect depending on the applied fare and the corresponding cancellation terms the customer will be informed about before booking. Booking will be fixed and electronic ticketing will be issued after receipt of the complete air fare.
5. Cancellation on the part of the customer, rebooking, replacement person
The customer can withdraw from the trip or cancel or change or rebook services at any time before departure date. Cancellations and rebookings can be performed informally. However, in the interest of the customers we recommend to declare cancellation in written form.
In any case of withdrawal on the part of the participant on a package tour or in case of a cancellation of booked services, in consideration of the usually saved expenses and the usually possible use of service for different purposes of travel services, Profil Cuba-Reisen is entitled to the following flat-rate reimbursements:
Individual Services, Tours and
|Up to 90 days prior to the start of the first service||40%||20%|
|from 89th to 50th day prior to departure||50%||30%|
|from 49th to 20th day prior to departure||70%||50%|
|from 19th to 10th day prior to departure||80%||60%|
|from 9th to last day prior to departure||90%||70%|
|on the day of the start of the first service||95%||80%|
*percent of the trip price according to invoice
In case of overnight stay services in private accommodations (Casas Particulares), the cancellation fee is 100 % of the pure accommodation costs as of the date of booking. The customer is entitled to provide proof that no or significantly lower costs were incurred in the context of the cancellation or no-show than the costs imposed by the tour operator when implementing the flat rates.
Depending on the terms and conditions of the respective tour operator or the corresponding air fare, deviating cancellation terms for arranged travel services and flight bookings may come into effect relating to the conclusion of the contract incorporating these conditions.
In case of rebookings, we will charge a processing fee of at least 30 Euro depending on the effort required plus or minus the corresponding price change of the booked service instead. Changes of booking after the 29th day prior to departure are only possible after the booked trip has been cancelled according to the conditions mentioned in section 5. This shall not apply to requests for re-booking that cause only minor additional costs.
We highly recommend our customers to take out travel cancellation insurance. The customer shall forward all claims under this insurance to the insurance carrier directly.
6. Unclaimed services
If the traveler does not claim individual services because of premature return home or other compelling reasons, the tour operator will try to seek reimbursements for the saved expenditures from the relevant operator. This obligation does not apply to fully insignificant services or if reimbursement is in conflict with statutory regulations or the dispositions of governmental authorities. Profil Cuba-Reisen reserves the right to retain a processing fee.
7. Cancellation and termination on the part of the tour operator
The tour operator may withdraw from the travel contract before the trip or cancel it after the trip has started in the following cases:
a) The tour operator can terminate the contract without notice if a traveler continues to disrupt a tour considerably despite being cautioned or acts in breach of contract that the termination of contract is justified. If the tour operator or one of the service providers terminates the contract, the tour operator still retains the right to the travel price; however he must accept a deduction worth the amount of saved expenses and benefits due to the alternative use of unclaimed services, including amounts credited to him by service providers.
b) Up to 30 days prior to departure in case of non-achievement of the minimum number of participants mentioned in the travel description or determined by the authorities, provided that the requirement for a minimum number of participants was indicated in the travelbrochure or advertising information. However, in any event Profil Cuba-Reisen is obliged to inform the client as soon as the pre-conditions for non-realization of the tour are identified and to send the client a respective notice of cancellation. The tour operator will return the paid travel fees without delay.
8. Cancellation of contract due to extraordinary circumstances
If the tour is significantly hindered, endangered or impacted due to force majeure, which was not foreseeable at the time when the contract was concluded, the tour operator as well as the traveler can terminate the travel contract. If the contract is terminated the tour operator may claim fair compensation for the services already rendered or yet to be delivered upon termination of the tour. Further the tour operator is obliged to take necessary measures, especially, to arrange return transportation if this is part of the contract.
All expenditure incurred in the application of this decision as well as other additional costs shall be charged to the traveler.
9. Liability of the tour operator
The tour operator is liable within the context of the duty to exercise the care required by a prudent businessman for:
- conscientious travel preparations,
- careful selection and monitoring of the service providers,
- the correctness of all services specified in the tour descriptions, unless the tour operator has notified a change of such information prior to the contract conclusion
- the proper provision of the contractually agreed travel services.
The tour operator is liable for faults of the person entrusted with the delivery of a service within the scope of the statutory provisions in force.
10. Limitation of liability
The contractual liability of Profil Cuba-Reisen for damage that is not personal injury, is limited to three times the cost of the trip,
- to the extent that loss suffered by the traveler was not caused intentionally or through gross negligence or
- to the extent that Profil Cuba-Reisen is responsible for the loss suffered by the traveler solely due to the fault of a service provider.
Provided that injury to the traveler has been brought about on account of tort, neither wilfully nor as a result of gross negligence, compensation claims which are made by the traveler against Profil Cuba-Reisen on the basis of the travel contract and do not relate to personal injury, are restricted to the sum of three times the tour price per travel participant and travel. For his/her own protection the passenger is advised to take out insurance against cancellation of the travel contract or premature termination of the trip.
The liability of Profil Cuba-Reisen is excluded or limited, insofar as international conventions or corresponding statutory provisions in force which are to be applied to the services of the tour operator or a service provider, the liability of which is also excluded or limited.
11. Customer’s duty of cooperation
Every traveler is obligated to co-operate within the limits of the statutory provisions in case of impairment of performance in order to avoid or reduce potential damages. The traveler is also obliged to immediately make complaints or express his objections to the local travel management. The tour manager is instructed to provide relief, provided that this is possible. If the traveler fails culpably to report the deficiencies, the entitlement to reduction or compensation is not applicable.
The expenses for telecommunication arising from reporting any travel deficiencies or from remedying these deficiencies will be reimbursed by Profil Cuba-Reisen only on the basis of the most inexpensive communication option which is available on-site.
Claims caused by any travel deficiencies are to be asserted in writing to Profil Cuba-Reisen within one month after termination of the tour. Claims stemming from the travel contract expire one year after the end of the trip. These deadlines do not apply to tortious claims.
12. Passport, visa and health requirements
The traveler is responsible for complying with the regulations that pertain to passports, visas, customs, foreign currency and health. Any disadvantages or problems resulting from non-adherence to such requirements are to be borne by the traveler, unless they arise from culpable provision of incorrect information by the operator. The tour operator shall not be liable for the issue and acquisition of any visas necessary from the respective diplomatic representation if the customer has commissioned the tour operator with the procurement of such visas unless the tour operator culpably infringes its obligations due to gross negligence or wrongful intent. The traveler is responsible for adherence to all important travel requirements. Any loss, in particular the payment of cancellation fees, arising from a failure to comply with these regulations, is to be borne by the traveler, except where the tour operator has culpably provided incorrect advice or failed to provide advice.
13. Change of travel dates
a) Punctual appearance at the airport on the outward and return journeys is part of the (co-)responsibilites of the passenger. The flight details mentioned in the travel documents may vary at any time and have to be re-checked before departure by the passenger himself.
b) In case of trips with permanent tour guide, the travel representative will check the flight data before return flight.
14. Information on the identity of the operating air carrier
According to EU regulations on the obligation to inform air passengers of the identity of the airline company operating a flight, at the time the reservation is made the tour operator is required to inform the guest of the identity of the operating airline company for all air transportation services to be rendered in the framework of the reserved journey. If the identity of the operating air carrier is not known at the time of notification, Profil CubaReisen will transmit the information as soon as practicable. If the airline stated to the participant as the providing airline changes, Profil Cuba-Reisen will inform the customer immediately.
The black list can be obtained at the following website http://ec.europa.eu/transport/airban/list_de.htm.
15. Limitation period of claiming travel deficiencies
Claims based on provision of travel services against the terms of the contract must be filed by the traveler within one month after the contractually defined end of the journey (Section 651g of BGB (Civil Code of Germany)). After this one month period liabilities can only be claimed if the participant was unable to adhere to this period for reasons that were beyond his control. However, this does not apply to the deadline for notification of damaged, delayed or lost baggage relating to flights. This must be reported within seven days for lost baggage and within 21 days of delivery for delayed baggage. Claims of the customer in accordance with paragraphs §§ 651 c to 651 f BGB (German Civil Code) shall be subject to a limitation period of one year. Excluded from the above are such claims as are asserted in respect of damage to life, body or health where the tour operator is responsible for the given breach of duty. These come under the statute of limitations within 2 years. This equally applies to claims arising from wilful or grossly negligent breach of duty on the part of the tour operator, of the corresponding legal representative or vicarious agent. The limitation period commences on the day on which the trip ends in accordance with the agreement. If there are ongoing negotiations between the traveler and Profil Cuba-Reisen regarding the claim or the circumstances underlying the claim, the limitation period is suspended until the traveler of Profil Cuba-Reisen refuses to continue negotiations. The limitation of claim will come into effect at the earliest 3 months after the said suspension. All other claims are subject to the legal time bar.
Personal data are automatically collected on this website only to the technical extent necessary for the operation of this online offer. All personal data are protected against misuse in accordance with the Bundesdatenschutzgesetz (German Data Protection Act).
If single terms of this travel contract or conditions of travel and payment may be invalid, the validity of the other terms will remain untouched.
16. Place of jurisdiction
The travelling person can proceed against the tour operator at the place the tour operator is located. For proceedings of the tour operator against the travelling person, the residence of the travelling person is authoritative, unless the proceedings are made against full-time merchants or persons that have moved their place of residence or usual whereabouts abroad after conclusion of the contract, or whose place of residence or usual whereabouts isnot known at the commencement of proceedings unless otherwise provided by applicable national law or international conventions on public order.
Errors or misprints are possible and non-binding.
Last amended on September 06, 2018
Profil Cuba-Reisen, Manfred Sill e.K. | Riedfurtstraße 5 | 74363 Güglingen