Terms and Conditions

When a booking is made with HOLA SUN, the travel agent and passengers agree to the terms and conditions as stated on these pages. Read and fully understand them before booking your holiday. Once a booking/reservation has been made, the following terms and conditions apply and have been agreed to. The travel agent is the agent in law of the passenger.

By completing a reservation, either through your travel agent or online with HOLA SUN, you expressly accept these Terms & Conditions, without modification, and intend to be legally bound by them. Please read these Terms & Conditions carefully. If you do not accept all of these Terms & Conditions, please do not make any bookings, either on the website or with your travel agent.

DEPOSIT $250 per person and full payment of insurance (if purchased). The travel agent is responsible for ensuring that the deposit is received within 7 days. If payments are not received within the specified time period, HOLA SUN reserves the right to cancel the reservation and apply the applicable penalties.

FINAL PAYMENT The balance of the payment is due 45 days prior to departure; immediately if booked within 45 days of departure. If payments are not received within the specified time period, HOLA SUN reserves the right to cancel the reservation and apply the applicable penalties. In the event of a Book Early and Save, passenger agrees to make final payment as per date published on the hotel page of the brochure in order to qualify for the Book Early and Save.

INSURANCE We recommend that all passengers purchase comprehensive travel insurance at the time of booking as HOLA SUN is not responsible for health problems, injury, death, cancellations, weather, missed connections, unforeseen circumstances, delayed, damaged or lost baggage, or any expenses that passengers may incur. (NOTE: Effective May 1/2010 it is mandatory that all travellers to Cuba have travel medical insurance.)

CANCELLATIONS In the event of cancellation, the travel agent should be notified immediately. Charges are billed as per the date the cancellation is received by HOLA SUN and are applicable as follows:

Up to 22 days prior to departure…………………………….loss of deposit
15 to 21 days prior to departure…………………………….50%
Within 14 days prior to departure…………………………..100% + taxes
Products on request basis once confirmed are 100% + taxes and are non-refundable (car rentals, special requests, etc).
Taxes include HST, hotel taxes & service charges, transportation taxes and fees. HOLA SUN reserves the right to resell any cancelled seats. If cancellation by one or more persons alters the room category, the remaining passengers will be held liable for the difference in cost.

HOTEL CHANGES HOLA SUN endeavors to provide the product booked.

MAJOR CHANGE Change of destination, departure or return by more than 24 hours. Increase in your package tour cost by more than 7% (unless government imposed). Change of the routing requiring additional passenger identification or documentation without sufficient time to obtain this documentation before departure.

In the event of a major change as listed above, we will advise your travel agent as early as possible and you may: a) accept the change as offered; b) select an alternate vacation with Hola Sun as available and at the applicable price; c) cancel your vacation completely with a full refund of the price paid to Hola Sun.

HOLA SUN will not pay compensation for changes made because of war or threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, weather, fire, epidemics or health risks, technical problems with transport including mechanical and weather reasons, government action, closed or congested airports or other events beyond our control.

CHANGES REQUESTED BY THE TRAVEL AGENT/PASSENGER Any change(s) requested by the travel agent/passengers are subject to cancellation penalties. Within 14 days prior to departure, 100% cancellation penalties apply. All changes are made at the discretion of HOLA SUN and are subject to the rates of the new products booked as per the original date of reservation.

CANCELLATIONS OF FLIGHTS OR PROGRAMS BY HOLA SUN In the event that Hola Sun cancels any travel services, our responsibility ends with a full refund of the amount(s) received which will be deemed to constitute full settlement of any claim you might have against Hola Sun for the cancellation.

INDICATED PRICING All rates are in Canadian dollars unless otherwise stated. HOLA SUN reserves the right to change published prices without notice or to pass on government imposed taxes, transportation related fees or surcharges including but not limited to those for fuel price fluctuations & currency surcharges to the passenger. Unless the passenger has paid in full, all prices may be increased at any time and for any reason. In the event that HOLA SUN decreases pricing, the revised rates are valid on new bookings only. Previously reduced rates may increase without notice, and are valid on new bookings only.

CREDIT CARDS HOLA SUN accepts Visa and MasterCard. Verbal authorization of the use of the card indicates the cardholders compliance with our booking conditions and confirms the reservation whether or not the appropriate draft is signed. In the event that a cardholder refuses to honour a charge, due to absence of the signature and imprint of the credit card, the travel agent will be held responsible for the payment of booking(s).

CHILDREN AND INFANTS PRICES Applicable to children aged 2-12 inclusive when sharing a room with 2 adults based on double occupancy (unless otherwise specified). Infants under the age of 2 at the time of travel not occupying a seat, and accompanied by an adult can travel free of charge with the exception of the Cuba Tourist Card fee. Infants must be under the age of 2 for the duration of their holiday.

DOCUMENTATION It is the passenger’s responsibility to obtain, at their own expense, all documentation required by the relevant authorities. Customs, airlines and immigration officials may deny a passenger entry or exit of their country for any circumstances. HOLA SUN is not responsible and will not refund any monies. It is also the responsibility of the passenger to obtain the relevant information for travelling including but not limited to schedules, airlines, passports, visas, tourist cards and hotels.

TICKETS Ticket(s) will be released to the travel agent within 4 weeks prior to departure only after full payment has been received by HOLA SUN. If payment has not been received 8 days prior to travel, then HOLA SUN reserves the right to choose an alternate method of delivery – either a pick-up from our office or an airport pick-up. It is the responsibility of the passenger and the travel agent to ensure that the information appearing on the airline tickets, vouchers and other travel documents is identical with booking arrangements and passports/identification. HOLA SUN will not be liable or reimburse passengers cost for lost, misplaced, or incorrectly completed Tourist Cards.

FLIGHTS AND FLIGHT TIMES HOLA SUN or its suppliers reserve the right to substitute air carriers and aircraft types without notice. All flight times are subject to change without prior notice. We recommend that all passengers re-confirm their flight times by contacting the airline 24 hours prior to departure and again 4-6 hours prior to flight departure time. If HOLA SUN is aware of a change, whether cancellation; an advancement or delay; an added en route stop, attempts will be made to advise the passenger’s travel agent. In the case of a flight delay announced at the airport, the airline may not provide accommodation or meals. In the event of a delay due to weather, traffic, or other force majeure situation, expenses will be the passenger’s responsibility. HOLA SUN does not accept responsibility for expenses, or lost wages incurred as a result of changes to flight times, missed flights – outbound or inbound, connections or for missed holiday time.
Air only passengers are required to provide to their travel agent a local number in destination where they can be contacted. HOLA SUN is not responsible for air only passengers missed flights and/or connections or any expenses incurred as a result of; a cancellation; a schedule change, (whether it is an advancement or delay), with or without prior notice; re-confirmation numbers in destination that are not operational for any reason including, not being updated or temporarily out of service, the office is closed, or is not acknowledged. Passengers who have missed their flight for whatever reason are 100% liable for the cost of a new ticket.
Passengers connecting with HOLA SUN’s flights are advised to allow ample time (minimum 3 hours/recommended or stay overnight) between flights. HOLA SUN does not accept responsibility for additional charges incurred for air fares or other expenses incurred due to changes to flight times and/or subsequent missed flight connection whatever the reason. All tickets are non-refundable, non-transferable, and are valid only for the date(s) and flight(s) shown and are subject to the Terms and Conditions printed on the tickets as well as government regulations.

AIRPORT CHECK IN A HOLA SUN representative will be at Toronto Pearson International Airport (YYZ) 3 hours prior to flight time. Tourist card will be provided by the airline before boarding the plane or before the take off. Passengers have the option to pre book their seats on the airline website, there is an additional fee if the seat selection is done more than 48 before departure; otherwise seating is on first come first served basis. Airlines check-in counters will close 60 minutes prior to departure, failure to check-in during the allotted time will result in failure to travel. HOLA SUN is not responsible for any missed flight, outbound or inbound.

BAGGAGE Air carriers have individual rules and regulations with respect to baggage weight, size and numbers. Passengers must consult with their travel agent for applicable restrictions. Any additional weight/baggage, cabin baggage, or excess baggage is set by the carrier and may be denied or charged a fee subject to the discretion of the airline. HOLA SUN is not responsible for lost, damaged, delayed, stolen baggage, missing articles or any costs incurred to the passenger as a result of the above. Baggage is the sole responsibility of the airline. In the event that your baggage is lost, damaged, stolen, articles missing, please contact the airline representative before leaving the airport. Failure to do so will invalidate any claim you may have against the airline. We strongly recommend you pre-purchase travel insurance.

HOTEL SERVICE The quality of the hotels have been rated in accordance with the standard of the destination which may be different from the standards of North American hotels. HOLA SUN is not responsible for quality or interruptions of service, or if some of the services, bonus features or facilities described in this brochure, cease to be available or are not operational. Hotels may eliminate, curtail or alter some facilities without notice, usually for ongoing maintenance and improvement. In low season when hotels are not at full capacity some services may be limited, suspended or interrupted partially or completely during the guests stay. In brand new hotels, some services and facilities may not be fully functional; finishing touches such as landscaping and minor repairs may be ongoing during your stay. Use of recreational equipment and facilities, which may be included in your holiday package, are subject to availability.

SOCIAL AND SPORTS ACTIVITIES Some social and sports activities and sports equipment, as well as entertainment organized by participating hotels and included in packages, are offered free of charge and as such do not impact the cost of the packages. These added benefits vary and are subject to change or cancellation at anytime during the customer’s stay.

CONSTRUCTION All hotels undergo routine maintenance and renovations. In popular resort areas there is on-going construction/work and HOLA SUN is not responsible for any interruption and/or inconvenience you may encounter as a result. Whenever we are advised that significant work at your hotel will be in progress during your stay, we will endeavor to advise you prior to departure.

BROCHURE DESCRIPTION AND REPRESENTATION At the time of publication, HOLA SUN’s understanding is that the descriptions in the brochure are accurate. Subsequent changes and modifications may take place which may affect the brochure descriptions. HOLA SUN is not responsible for any errors, omissions or misprint of brochure descriptions. At times, hotels may alter/change/modify services or facilities without notifying HOLA SUN. However if HOLA SUN is notified these modifications will be noted and HOLA SUN’s computer reservation link will be updated accordingly. It is the travel agent’s responsibility to inform the passenger of these modifications at the time of purchase.

All photographs of the hotels are published only as illustrations of the property. Most hotels offer variations of rooms with differences in decor, size and location.

FORCE MAJEURE HOLA SUN is not responsible for any claims, losses, damages, costs, expenses, delays, loss of enjoyment, of any nature whatsoever, to the passenger and/or travelling companions or group members resulting from events beyond HOLA SUN’s or a supplier’s control, including but not limited to, acts of God, strikes, lockouts or other labour disputes or disruptions, wars, blockades, insurrections, riots, earthquakes, weather conditions, floods, hurricanes or acts or restraints imposed by government authorities.

UNUSED TRANSFERS, ACCOMMODATION, CAR RENTAL, TOUR SERVICES & ACTIVITIES HOLA SUN is not responsible for any unused portions of the trip or tour service and will not refund any monies. Failure to redeem the tour components as per the pre-arranged times may result in the loss of that tour component and no monies will be refunded. We cannot be held responsible for activities, tours or anything else which is not provided or operated by employees of HOLA SUN. Activities listed under each destination are provided for information purposes only and are not suggestions.

LOCAL TRANSFERS If you have booked a package (air & hotel) round trip transfers are included. A HOLA SUN representative with a HOLA SUN sign will be waiting for you to take you to your hotel. Transfer of bicycles, sporting equipment & wheelchairs may not be accepted due to limitations on space availability and passengers may be required to make alternate arrangements at their own cost. On your return, please be ready to depart your hotel at the designated time indicated in the HOLA SUN binder or as advised by the HOLA SUN representative. There will be no refunds for any unused transfer services or compensation as a result of any additional costs incurred resulting from alternate transportation arrangements.

LOCAL EXCURSION/TOURS purchased through the HOLA SUN representative are subject to local cancellation policies, conditions and limitations imposed by the excursion operator. No monies will be refunded by HOLA SUN for any reason including cancellation, missed excursion or customer dissatisfaction. The passenger agrees that all optional excursion/tours and activities are at the passengers own risk, HOLA SUN assumes no responsibility for injury or illness. Tours are sold by HOLA SUN representatives as a matter of convenience to our clients; all tours are owned and operated by independent suppliers.

CHANGES MADE BY SUPPLIERS In the event that a hotel refuses to honour the passenger’s reservation as reserved, including but not limited to reasons such as unexpected maintenance problems or overbooking, a substitute hotel of equal or greater category will be provided without compensation. Should the category be downgraded, a refund for any difference in price will be issued. HOLA SUN is not responsible for any inconvenience, damages, losses or loss of enjoyment resulting from this change. In the event that an alternate hotel cannot be offered, HOLA SUN’s only responsibility will be to refund the monies paid.

SPECIAL REQUESTS We will endeavour to convey your special requests (bedding, special meals, etc.). Requests will not be confirmed prior to departure and are strictly at the discretion of the hotel or airline. HOLA SUN is not responsible if these requests are not honoured and surcharges for any special requests will be paid locally and are non-refundable by HOLA SUN.

HOTEL CHECK IN AND OUT Regardless of arrival or departure time, most hotels expect departing guests to vacate rooms by 12 noon and arriving guests to check-in after 3 pm to allow for cleaning and maid service. In all-inclusive hotels, property privileges commence at check-in and discontinue upon check-out. Although hotels do their best to minimize inconvenience, passengers may be without a room for a period of time. Should the flight depart prior to the hotel’s official check-out time, no compensation will be paid for unused food, beverages, or services.

SPECIALS All applicable promotions must be reserved or requested at time of booking. For promotions such as but not limited to Honeymoon Specials, Senior discounts (not applicable with Book Early & Save bonuses), proof of eligibility is required upon check-in.

SPECIAL NEEDS PASSENGERS A special needs passenger must provide a doctor’s certificate authorizing travel. HOLA SUN is not responsible for the provision of any special requirements for passengers who are either physically or mentally disabled. Many hotels are not equipped to handle disabled passengers; as a result travel to these properties will be at the passenger’s own risk. Handicapped rooms, hotel facilities and airports may not be fully accessible or of the same standards as in North America. Check with your travel agent before booking your hotel.

PASSENGER’S RESPONSIBILITIES The passenger agrees to adhere to the rules and laws of the country he/she is visiting. Should the passenger conduct him/herself in a manner threatening to the supplier and/or other passenger(s), the supplier has the right to refuse service or expel him/her from the hotel, tour, activity and or mode of transportation.

All suppliers hold the right of admission and they are within their rights to enforce their own rules (which can be either written or unwritten). In any of these events, the passenger is responsible for all costs. No refund will be issued for any unused portions.

ONTARIO TRAVEL ADVISORY Standards of living vary greatly from country to country. Be advised that living conditions may be different in respect to provision of uninterrupted supply of water and electricity, local health conditions, levels of security and standard of food and beverages outside of Ontario. In tropical climates, insects enjoy deluxe hotels as much as they do budget properties. HOLA SUN is not responsible for injury, illness, death or inconvenience. HOLA SUN does not accept responsibility for the behaviour of other guests/groups. HOLA SUN does not accept responsibility for the withdrawal of services or facilities due to local cultural, political events or holidays. Traditionally, summer and fall are the rainy seasons in the Caribbean and tropical showers are to be expected.

TOUR OPERATOR RESPONSIBILITIES HOLA SUN makes arrangements with independent companies and is not responsible for any acts or omissions on their behalf. The travel services provided are subject to the Ontario Travel Industry Acts and Regulations. HOLA SUN is not responsible for illness, death, injury whether physical or mental and/or loss or damage to property howsoever caused including but not limited to delays, substitution or deficiency of quality of equipment or service, or any act, omission, negligence of any party supplying any of the services or accommodation. HOLA SUN reserves the right to refuse any booking or passenger at any time.

No employee, agent, or representative of HOLA SUN or a travel agent is authorized to change or override the Terms and Conditions of this contract.

REP SERVICE AND SUPPLIER PROBLEM HANDLING Any queries or concerns, must be raised with the HOLA SUN Destination Representative and supplier. Supplier complaints must be in writing and given to the supplier while in destination. The supplier must be given the opportunity to rectify any problems. They must not be left until the passenger returns home. Failure to inform the supplier in writing of your concerns will preclude your right to pursue a claim against HOLA SUN. You must also provide HOLA SUN with an acknowledged copy of your customer complaint letter as given to the supplier.

LIMITATION OF HOLA SUN’S LIABILITY HOLA SUN’S liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount you paid to HOLA SUN for the services with respect to which you are claiming.

CONFIDENTIALITY HOLA SUN protects the confidentiality of the personal information of its customers in accordance with applicable laws.

ACKNOWLEDGEMENT The passenger(s) hereby acknowledge(s) having read the Terms and Conditions of this Contract.

CLAIMS The passenger agrees that any claim against HOLA SUN shall be made by the passenger in writing, forwarded to their travel agent and received by HOLA SUN no later than 30 days after the event causing the claim. Any claim received more than 30 days after return date will not be accepted or responded to. All correspondence will be between Hola Sun Holidays and the booking agent. Claims must be in writing and sent by email to HOLA SUN, customer service department, prior to the commencement of any legal proceeding. Under no circumstance shall the claim from the tour operator be in excess of the cost of the vacation paid by you. In cases of disputes filed in Small Claims, the parties agree that the Small Claims Court of Richmond Hill has jurisdiction.

ONLINE BOOKINGS Please refer to specific terms and conditions for online bookings at www.holasunholidays.ca

HOLA SUN HOLIDAYS LIMITED 146 West Beaver Creek Road, Unit 8 Richmond Hill, ON, L4B 1C2 Ontario

Registration # 04062527 Printed in Canada