Terms & Conditions for Cuba Tours
AGREEMENT: All bookings are made with Musical Getaways LLC / dba Havana Music Tours (“Musical Getaways"), a Florida limited liability company (“Musical Getaways,” “we,” or “us”). By booking a tour with us, paying a deposit or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any traveler under the age of 18 under your custody, care or control (“Minor”) (also referred to individually as “Traveler,” and collectively as “Travelers”), and direct us to perform services for each and every Traveler. The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you the Traveler (“you” or “your”) and Musical Getaways with respect to any and all bookings, reservations, tours, or transactions made with Musical Getaways.
RESERVATIONS: A non-refundable deposit of $300 per person is required to hold your reservation. The balance of the tour cost is due and must be received by Musical Getaways no later than 60-days prior to the “Departure Date” for your tour. Payment can be made by ACH, check, or credit card. We prefer the use of ACH (wire transfer), but in the case of credit cards we will add a 2% transaction fee. We use a third party payment gateway to process credit card payments. Prices do not include airfare. You do not need to have your flight booked in order to put a deposit down. However, please confirm tour availability with us prior to booking your flights. After full payment is received we will send you a packet of information outlining what to bring and additional information to prepare you for your visit to Cuba.
Cancellations by You: Musical Getaways works with quality vendors, instructors, and guides to provide you with a unique tour. In order to best serve all our guests and provide high quality services Musical Getaways has a firm cancellation policy. There are no refunds in the event that you need to cancel your trip within 30 days of the Departure Date. There are no exceptions to this policy. We strongly encourage and recommend that you obtain trip interruption/cancellation insurance to protect yourself in the event that you must cancel your tour for any reason. This insurance can be purchased from various travel insurance companies.
Our Cuba tours require a minimum of 4 (four) participants. For this reason, and others, if you cancel your tour within 30 days of the Departure Date, we must impose a cancellation fee of the full tour cost so that we can avoid cancelling the entire tour for all other participants who have booked with us. Cancellations by you that are not made in writing (email is acceptable) are not valid under these Terms and Conditions. There are no exceptions to our cancellation policy. If you cancel thirty-one (31) days or more before the Departure Date, additional fees may apply.
In addition to the fee stated above, any cancellation fees, surcharges, or nonrefundable deposits charged to Musical Getaways by its suppliers, such as individual hotels, accomodations, guides or other third parties, will be added to and part of the cancellation fee per person. No partial refunds will be given for unused hotel rooms, meals, sightseeing trips, transportation services, or other segments or portions of your tour for any reason whatsoever. The cost of the tour is a package cost and refunds and credits are not available for services not used.
Cancellations by Musical Getaways: We employ our best efforts to maintain our standard of never canceling a tour, but we reserve the right to cancel a tour if the minimum group size of four participants has not been reached 30 days before the Departure Date. However, we will not cancel a tour on this basis if we have previously informed you that the tour has reached the minimum requirement and you should purchase airline tickets. In rare circumstances, events outside the control of Musical Getaways may require that a tour be cancelled. If we cancel a tour, all deposits and payments made to date will be refunded in full. In the event that we do not receive your payment of the final balance on the due date (at least 60 days prior to the departure date) and you have not otherwise notified us of your intent to cancel your reservation, we will cancel your reservation and refund any payment made less a 50% tour price cancellation fee.
Because we strongly recommend that you obtain trip cancellation insurance and because you have notice of this cancellation policy, Musical Getaways is not responsible for any additional personal travel expenses you may incur in connection with cancelled tours including airline tickets.
CREDIT CARD CHARGEBACKS
Before initiating a chargeback related to any supplier of service, you agree to first attempt to resolve directly any disputed transaction fees with us. You agree to indemnify, hold harmless and defend Musical Getaways against airline debit memos for credit card chargebacks arising out of: (a) your complaints regarding an airline service or (b) unauthorized charges by members of your family or former employees of your company. You also agree to refrain from initiating a chargeback dispute for any other reason except fraud. You further agree to pay Musical Getaways’ reasonable attorney fees and expenses if Musical Getaways has to file suit against you in order to enforce the indemnification provision under this paragraph or if you initiate a chargeback dispute arising out of a cause other than fraud.
As the worldwide COVID-19 coronavirus pandemic remains ongoing at this time, you acknowledge that for this reason, and other reasons not reasonably foreseeable at this time, your travel plans may be interrupted or cancelled by the supplier that is providing them, a government entity or other third party over which we have no control. You further acknowledge that the suppliers’ own cancellation, rebooking and refund policies, subject to any applicable law that is now or may later be in effect, will govern your rights and remedies, including your right to receive a refund, in such an event. Moreover, you understand that should you elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances. You hereby agree to hold Musical Getaways harmless and release it from any and all liability for any damages, including but not limited to monetary losses, you may incur as a result of such interruption or cancellation of these travel plans.
PROOF OF COVID-19 VACCINATION
For the protection of other participants and residents of the destinations we travel to, each group tour participant must present Musical Getaways with proof of vaccination against Covid-19. Failure to present such proof at least fourteen (14) days prior to departure will result in cancellation of your tour reservation without the possibility of obtaining a refund of any monies paid for the tour.
CHANGES TO YOUR TOUR
Changes by you: Musical Getaways does not and will not accept changes, including changes of dates, from you to the tour itinerary that you have booked and made a deposit or additional payments towards. For this reason, we strongly recommend purchasing travel insurance to protect against events that would affect your ability to participate. However, if possible and subject to our sole discretion, we may assist participants on a case-by-case basis if you are forced to request a change. In that event, a change fee will be charged of a minimum of $350.
Changes by Musical Getaways: In the rare event that it becomes necessary for Musical Getaways to modify the tour itinerary due to events, conditions or hazards outside of our control, then we reserve the right to do so. When the conditions are those that permit us to modify but not cancel a tour, then we will attempt to add other activities to replace those omitted. Because you can protect your financial investment by purchasing travel insurance that covers changes and cancellations for a variety of causes and because of our relationships with our guides, hotels, etc., we do not provide full or partial refunds for changes due to any cause whatsoever that is outside the control of Musical Getaways.
THE FOLLOWING SECTION APPLIES ONLY TO CALIFORNIA, HAWAII, ILLINOIS AND WASHINGTON RESIDENTS: Upon cancellation of any services, where the Traveler is not at fault and has not canceled in violation of any provision of these Terms and Conditions previously clearly and conspicuously disclosed and agreed to by the Traveler, all sums paid to Musical Getaways for services not provided will be promptly paid to the Traveler. In California, Hawaii, Illinois and Washington, this provision does not apply where the Musical Getaways has remitted the payment to another vendor or supplier, without obtaining a refund, and where the vendor or supplier defaults in providing the agreed-upon transportation or service. In this situation, Musical Getaways must provide the Traveler with a written statement accompanied by bank records establishing the disbursement of the payment to the vendor or supplier.
TRAVEL AND ENTRY DOCUMENTS: All U.S. citizens need a valid U.S. passport to travel in and out of the U.S. Your passport MUST have at least 6 months remaining before expiration to be considered valid. Please check with your airline or travel agent if you have additional questions regarding necessary documentation both for you and for minors. These requirements can change without notice. Parents traveling with children and/or infants are advised to travel with identification and proof of citizenship for each child. If crossing an international border when both parents are not present, the traveling parent may be required to provide a signed and certified statement from the other parent allowing the child to travel out of the country. Failure to provide such evidence may prevent entry into that country.
Please be advised that the Republic of Cuba requires U.S. citizens to obtain either a visa or tourist card to enter the country. The Tourist Card is to be purchased for all non-Cuban born travelers. The two documents you must have to enter Cuba are a passport and the Tourist Card. The Tourist Card is perforated in two sections, the Cuban immigration officer will retain one perforated section and the second section must be turned in upon departure. Most airlines either offer or sell tourist cards themselves at the ticket counter prior to departure to Cuba or they give you the option of purchasing a tourist card through a third party vendor in advance of your departure date.
TOURIST CARDS ARE NOT VALID FOR INDIVIDUALS BORN IN CUBA. FOR THOSE INDIVIDUALS BORN IN CUBA THE VISA ENTRY PROCESS IS DIFFERENT AND YOU MAY CONTACT THE CUBAN CONSULATE IN WASHINGTON DC FOR FURTHER INFORMATION AT:
Tel: 1(202) 797 8518 ext. 100
Notwithstanding, Travelers assume full responsibility for complying with passport, visa, vaccination or other entry requirements. You also assume full responsibility for securing or protecting your baggage or personal belongings at all times during the tour.
TRAVEL AND MEDICAL INSURANCE: We strongly recommend that all of our participants obtain trip cancellation and interruption insurance to protect their investment in travel. Refunds cannot be made to you if do not or cannot participate in or complete the tour for any reason at all.
Please be advised that the Republic of Cuba also requires all foreign visitors to pay a $25 fee for health insurance to cover them for illnesses and accidents which may occur during travel. Most airlines collect this fee on behalf of passengers and bundle the expense into the airfare. Musical Getaways has no role in the purchase or acquisition of Cuban health insurance and makes no representation as to the adequacy of coverage or the quality of the Cuban health system. Notwithstanding the Cuban coverage, we strongly advise that you obtain or verify that you have insurance that covers personal accident, medical expenses, and all other expenses which might arise as a result of loss, damage, or injury occurring to you, your property, or to others. Musical Getaways is not responsible for these costs. Travel to Cuba is unique because insurance for U.S. travelers to Cuba is limited. If you have questions about the process of obtaining insurance that provides coverage in Cuba, please contact Musical Getaways for more information. Musical Getaways is currently aware that it is likely that insurance for U.S. travelers will not cover some of the risks that are typically covered on trips to other countries, e.g. air ambulance or repatriation. By choosing to travel to Cuba, you are accepting these risks, and the fact that insurance coverage is limited. Musical Getaways cannot be responsible for any costs that arise that would normally be covered by insurance, even if the costs are not covered due to the fact that the tour is to Cuba.
COOPERATION, CONDUCT, REMOVAL: As a tour participant, you acknowledge that the group endeavor requires compromise to accommodate the personal desires, capabilities and objectives of other Traveler. You agree to act at all times in an appropriate social manner with the other participants and to act in a considerate and respectful manner in accordance with the customs of all places visited. During the course of the tour, we require that you comply with all local laws, respect local customs and culture, accurately assess your abilities. The Musical Getaways representative has the right in his or her sole discretion to remove anyone (i) who he or she judges to be incapable of meeting the demands and requirements of participating in tour activities; or (ii) who he or she determines threaten the safety or detracts from others’ enjoyment of the tour. If you are unable to participate in a portion of or all of a tour for reasons covered by this paragraph, we will not offer a refund.
CUBA TRAVEL REGULATIONS: Musical Getaways operates tours to Cuba under a general license issued by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) and, as dictated by U.S. law, all participants are required to adhere to a full-time schedule of activities intended to Support the Cuban people through engagement in activities which promote independent activity and which strengthen civil society in Cuba. Musical Getaways specifically designs its Cuba itinerary in order to comply with OFAC rules and requirements. Pursuant to such regulations, You agree to adhere to the full-time program established by Musical Getaways. We reserve the right to make changes to the published itinerary, due to inclement weather, lack of accessibility or other unforeseen circumstances but we will use our best efforts to replace the delayed or canceled OFAC approved activity with another qualifying or equivalent activity. In accordance with OFAC regulations, Musical Getaways keeps records of each transaction made by or on behalf of each Traveler which will be made available for examination upon demand by OFAC for at least five (5) years from the date of the tour.
In order to comply with its federally-granted license to conduct tours in Cuba, Musical Getaways requires that you stay with the group and follow the itinerary at all times. If you become ill or cannot follow the itinerary for some reason, please consult with the Musical Getaways representative. If you choose to ignore this requirement, Musical Getaways cannot be responsible for any event that may occur, and Musical Getaways may decide to remove you from the tour. While in Cuba, persons subject to U.S. jurisdiction, including Travelers, are forbidden from engaging in direct financial transactions with any of the entities or sub-entities that appear on the U.S. State Department's Restricted List which may be accessed on the following link. https://www.state.gov/e/eb/tfs/spi/cuba/cubarestrictedlist/275331.htm
Please be aware that, unlike many other countries you may travel to, the U.S. Embassy in Havana is not fully staffed. You may register on-line with the U.S. Embassy prior to arriving in Cuba and it is recommended that you do so. Musical Getaways cannot be held responsible for the increased and additional risks associated with travel in Cuba. During your tour you may not have access to your U.S. bank accounts and your credit cards will not be accepted (unless issued by Stonegate Bank/Centennial Bank). You should plan to travel with enough cash to cover your expenses that are not part of your tour price. We advise you to spend or exchange all of your Cuban Convertible Pesos (CUP) prior to returning to the United States because under Cuban regulations, you are not allowed to leave with CUP and airport authorities confiscate them on occasion. This information may change without notice.
FORCE MAJEURE: Musical Getaways will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including, but not limited to, acts of nature, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. Government actions which further restrict travel to or in and around Cuba by either the U.S. or Cuban governments are also Force Majeure events. If Musical Getaways and/or any of its suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour.
COMPLAINT PROCEDURE: If you have a complaint during your tour, you must promptly notify Musical Getaways or your tour leader of the problem so that they can attempt to remedy the situation. Failure to do so while you are on the tour will extinguish or reduce your ability to claim compensation from Musical Getaways. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential damages. If you are not satisfied after using this notice procedure, you must submit your complaint in writing to Musical Getaways within fourteen (14) days of the tour’s end date. Musical Getaways will not consider accepting any liability for claims received after this period.
DEPARTURE DATE: It is your responsibility to be ready to embark on the tour as specified in the itinerary. Musical Getaways is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures. The “Departure Date” is the first date of the tour you booked with us and does not include any earlier travel dates that you may have booked for air travel or other touring.
PHOTOGRAPHIC IMAGE RELEASE: You grant us, as well as the guides on our tours and our third-party suppliers, a worldwide, royalty-free, perpetual license to use, re-use, distribute, display, create derivate works of, and reproduce any images, photos, or videos that you provide to us (whether directly or through a photo sharing service) (collectively, “Your Images”) in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for any purpose, including to promote and publicize our travel products and services worldwide. You also acknowledge and agree that we or other parties, including, but not limited to, the guides on our tours, our third-party suppliers and other participants, may during your tour take or create images, photos, sound recordings, and videos in any format that contain or feature you or the Minor (collectively, “Trip Images of You”). These images may contain your or the Minor’s name, likeness, identity, photographic image, videographic image, or oral or recorded statements. You agree that we, the guides, and our third-party suppliers may use these Images for any purpose, including to promote and publicize our travel products and services, and you grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images without your prior inspection. If you prefer this your or your Minor’s likeness not be used, you must notify us in writing before your tour’s departure date.
Copyright in all photographs, video, and related materials created by you during your tour will belong to you upon creation, subject to the licenses stated herein.
LIMITATION OF LIABILITY, INDEMNIFICATION: YOU AGREE THAT THE SOLE REMEDY FOR ANY DEFAULT BY MUSICAL GETAWAYS ARISING UNDER THE TERMS SHALL BE THE RETURN OF THE PAID TOUR COST. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MUSICAL GETAWAYS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING FOR PERSONAL INJURY) REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MUSICAL GETAWAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES. YOU AGREE TO DEFEND AND INDEMNIFY MUSICAL GETAWAYS AGAINST ANY CLAIM BY ANY PERSON THAT ARISES IN WHOLE OR IN PART FROM AN INJURY OR OTHER LOSS SUFFERED OR CAUSED BY YOU IN CONNECTION WITH THE TOUR.
GOVERNING LAW, FORUM: This Agreement will be interpreted according to the laws of the State of Florida in the United States. You agree to make good faith attempts to resolve any disputes that may arise from this agreement first through various forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in the State of Florida. If good faith efforts of alternative resolution fail, jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or state court in Leon County, Florida. You agree to personal jurisdiction in the specified forum. In the event any action or proceeding is initiated by you in a court outside of Leon County, Florida, you agree to pay Musical Getaways' costs and reasonable attorney fees associated with defending such action or proceeding. You agree to bring any action against Musical Getaways arising from this agreement within two years from the date of the signature of this agreement.
SEVERABILITY AND SUCCESSORS AND ASSIGNS: If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision. This agreement shall inure to the benefit of, and be binding upon, you and Musical Getaways and your respective heirs, legal and personal representatives, successors and assigns.
AMENDMENT: These Terms and Conditions may not be amended, altered or modified, except by a written amendment executed by an authorized representative of Musical Getaways. Musical Getaways reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these Terms and Conditions.
CONTRACT CONSTRUCTION: No provision of this Agreement shall be construed against or in favor of a party merely because of who drafted it.
FINAL AGREEMENT: This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous discussions, negotiations and agreements. By signing below, you acknowledge that you have read this entire agreement, and you are signing it freely. You understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to you. Your signature applies to all pages of this agreement.
Signature of Adult Traveler / Signature of Parent/Legal Guardian:
Date: December 9, 2022
LIABILITY WAIVER, AND ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ CAREFULLY BEFORE SIGNING.
PRINT A COPY FOR YOUR RECORDS
A parent/guardian must sign for Minors (under 18 years of age).
In consideration of the services provided by Musical Getaways LLC / dba Havana Music Tours ("Musical Getaways"), including, but not limited to, organizing guided group or customized individual tours and arranging any air, land or sea transportation and lodging provided in connection with such tours, I, an adult traveler or parent or legal guardian of a traveler under the age of 18 (Minor), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf and on behalf of any Minor for whom I am signing.
THIRD PARTY SUPPLIERS OF TRAVEL SERVICES
I am hereby advised that third party travel suppliers selected for the tour which may appear by name or description on my itinerary, including, but not limited to the ground transportation companies, airlines, hotels and other lodging providers, restaurants, musical and entertainment venues, taxis, Cuban non-employee tour guides, are those who are actually responsible for providing the travel services I have purchased. I acknowledge and understand that Musical Getaways is not a provider of the type of travel services and conveyances that the selected third party suppliers were engaged to perform. Any and all suppliers of services and conveyances used for the tour are independent businesses, individuals or entities and Musical Getaways retains no ownership interest, management, or control of those third party vendors. I consent to and request the use of those suppliers and agree not to hold Musical Getaways responsible should any of these suppliers: 1) fail to provide the travel services; 2) fail to comply with any applicable law; or 3) engage in any negligent act or omission that causes me any sort of injury, damage, delay or inconvenience. To the fullest extent permitted by law, Musical Getaways does not assume liability for any injury, damage, death, loss, accident or delay due to an act or omission of any third parties (including third party suppliers), governmental authority, or acts attributable to myself, including, without limitation, negligent or reckless acts.
I acknowledge that I am voluntarily engaging in travel and tour activities with knowledge that travel involves numerous risks and dangers including, but not limited to, the following: negligence by Musical Getaways in making travel arrangements in any respect from inception to completion; injuries from loud music, dance, consumption of alcoholic beverages or other touring activities; emotional trauma; disfigurement, temporary or permanent disability, including paralysis; death; forces of nature; civil unrest and war; risks associated with food, impure water, and other beverages; terrorism; roads, sidewalks, hotels, vehicles, boats or other means of conveyance which are not operated or maintained at standards common in the United States; crossing roadways and entering/exiting vehicles; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; tinnitus or hearing loss; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which I am not prepared; transportation failures; equipment failures, malfunctions or deficiencies; social or labor unrest; theft, stolen, lost or misplaced luggage or property mechanical or construction failures or difficulties; diseases; epidemics; bites or stings from insects or pests; local laws; climactic conditions; abnormal conditions or developments; negligence by third-party service providers; financial default of any third-party suppliers; and any actions, omissions or conditions outside of Musical Getaways’ control not mentioned herein.
I acknowledge that these are some, but not all, of the inherent and acquired risks associated with engaging in travel and tour activities. A complete listing of inherent and acquired risks is not possible.
I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of the Minor, I have discussed the travel risks with the Minor, and he or she wishes to engage in travel and tour activities nevertheless.
MEDICAL CERTIFICATION AND INSURANCE
I certify that I have adequate insurance to cover any injury or damage I or the Minor may cause or suffer while traveling, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety while traveling, or else I am willing to assume the risk of and bear the costs that may result, directly or indirectly, from any such condition. Musical Getaways is not a supplier of trip cancellation or travel accident insurance and we assume no responsibility for any representations or statements made related to insurance coverage, including those made by us.
You agree that it is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19. We assume no responsibility for and shall not be liable for unsafe conditions or health hazards including pandemics or other illnesses.
Musical Getaways has no special knowledge concerning unsafe conditions, political unrest, dangers to health, weather hazards, natural disasters, climate extremes in Cuba. To obtain information on unsafe country conditions, we advise contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or visit their website at www.travel.state.gov. Musical Getaways highly recommends registering with the State Department's Smart Traveler Enrollment Program (STEP) to receive travel alerts and warnings that may issue in the future. STEP enrollment enables the local U.S. consulate to better assist American citizens traveling overseas in case a personal emergency arises during overseas travel. To obtain health and medical information related to travel destinations, we advise contacting the Centers for Disease Control at (877) FYI-TRIP or visit their website at www.cdc.gov/travel. I assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of my destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
VACCINATION REQUIREMENTS AND OTHER RULES
We have no responsibility for COVID-19-related requirements that travel suppliers and governments may impose from time to time, such as required vaccinations, health affidavit forms, COVID-19 screenings prior to departure or upon arrival, face coverings, or quarantines. For the latest COVID-19 government travel regulations, we recommend visiting IATA’s website at https://www.iatatravelcentre.com/international-travel-document-news/1580226297.htm. For the latest travel supplier requirements, check the website of each supplier, and keep checking because these rules are constantly changing, and we are not responsible for those changes.
WAIVER OF LIABILITY, RELEASE, AND COVENANT NOT TO SUE
To the fullest extent permitted by law, and excepting only such claims which arise directly from Musical Getaways' gross negligence or willful misconduct, I, an adult traveler, or as parent or legal guardian of the Minor, on behalf of myself, the Minor, my heirs, legal and personal representatives, next of kin, including my spouse, successors and assigns (individually and collectively, “Releasors”), expressly RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE Musical Getaways, its owners, shareholders, officers, employees, directors, representatives, volunteers, successors and assigns (individually and together, “Released Parties”) from and against any and all liability, claims, causes of action, demands, costs, damages, losses or suits of any kind which I or the Minor now have or may later have against the Released Parties arising out of, relating to, or in connection with the travel services arranged through or provided by Musical Getaways whether arising from or caused by the Released Parties’ ordinary (but not gross) negligent acts or omissions or otherwise.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all Minors traveling with me or on whose behalf I am signing this agreement, including the Minor (collectively encompassed by the term “their” in this paragraph), my and their heirs, as well as my and their next of kin, successors, assigns, and legal and personal representatives. It is my intention to fully assume all risk associated with this trip and to release Musical Getaways from any and all liability to the maximum extent permitted by law. I understand that this release includes all claims against Musical Getaways arising from its ordinary negligence, but does not include claims arising from Musical Getaways' alleged gross negligence.
CHOICE OF LAW, FORUM, AND SEVERABILITY
This Agreement will be interpreted according to the laws of the State of Florida in the United States. I agree to make good faith attempts to resolve any disputes that may arise from this agreement first through various forms of alternative dispute resolution, including, but not limited to, amicable negotiations, mediation, or arbitration in the State of Florida. If good faith efforts of alternative resolution fail, jurisdiction over any dispute arising out of, in connection with, or relating to this agreement and/or the transactions and relationships among the parties contemplated by this agreement shall be filed exclusively in federal or state court in Leon County, Florida. I agree to personal jurisdiction in the specified forum. In the event any action or proceeding is initiated by me in a court outside of Leon County, Florida, I agree to pay Musical Getaways' costs and reasonable attorney fees associated with defending such action or proceeding. I agree to bring any action against Musical Getaways arising from this agreement within two years from the date of the signature of this agreement.
If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. I also agree that this Agreement is intended to be as broad and inclusive as permitted under applicable law. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
KNOWING AND VOLUNTARY EXECUTION
By signing this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I certify that I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. I understand and acknowledge that if I (or the Minor) is hurt or is damaged during travel, I may be found by a court of law to have waived my right to maintain a lawsuit against Musical Getaways on the basis of any claim from which I have released them herein. I further acknowledge that I have had an opportunity to ask any and all questions that I may have, and that Musical Getaways has answered all questions to my satisfaction. My signature applies to all pages of this document. I further agree that if this agreement is, for any reason, found to be unenforceable with regard to the Minor, that I will personally indemnify and hold CreatiVrole harmless against any claim which may be brought against Musical Getaways, whether by a guardian ad litem or by the Minor directly as an independent named claimant.
By signing below, I also acknowledge that I have carefully read and fully understand and agree to the contents and legal consequences of CreatiVrole’s Booking Terms and Conditions.
Signature of Adult Traveler / Signature of Parent/Legal Guardian:
Date: December 9, 2022
TRAVEL AFFIDAVIT- General License for Travel to Provide Support for the Cuban People, and People to People Educational Travel
I understand that under current United States travel restrictions with respect to Cuba, travel related transactions are prohibited except for certain authorized categories and that by signing my name at the bottom of this affidavit, I declare that I will be compliant with the category described below.
CATEGORY: General License for Travel to Provide Support for the Cuban People - 31 C.F.R. § 515.574 of the current Office of Foreign Assets Control (OFAC) regulations.
Category Summary: Travel that is intended to support the Cuban people through engagement in activities which promote independent activity and which strengthen civil society in Cuba.
Upon request by the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department, I will be able to demonstrate that: While I am in Cuba I will engage in a full-time schedule of activities that:
- enhance contact with the Cuban people, support civil society in Cuba;
- promote the Cuban people's independence from Cuban authorities; and
- result in meaningful interaction with individuals in Cuba.
Signature of Adult Traveler / Signature of Parent/Legal Guardian:
Date: December 9, 2022
TRAVEL AFFIDAVIT- General License for People-to-People Travel
I understand that under current United States travel restrictions with respect to Cuba, travel-related transactions are prohibited except for some categories and that by signing my name at the bottom of this affidavit, I am declaring that I fall under the category described below.
CATEGORY: General License for People-to-People Travel - 31 C.F.R. § 515.565(b) of the current Office of Foreign Assets Control (OFAC) regulations.
Category Summary: Educational exchanges not involving academic study pursuant to a degree program under the auspices of an organization that sponsors and organizes people-to-people programs.
Upon request by the Office of Foreign Assets Control (OFAC) of the US Treasury Department, I will be able to demonstrate that:
- While in Cuba, as a group tour participant or tour leader, I will travel under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact;
- I will maintain a full-time schedule of activities intended to enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people's independence from Cuban authorities and which will result in meaningful interaction between me and individuals in Cuba; and
- The predominant portion of the activities engaged in by travelers during the group tour is not with a prohibited official of the Government of Cuba, as defined in 31 CFR §515.337, or a prohibited member of the Cuban Communist Party, as defined in 31 CFR §515.338.
I declare that the above information is true and accurate to the best of my knowledge.
Signature of Adult Traveler / Signature of Parent/Legal Guardian:
Date: December 9, 2022