1. INTRODUCTION AND SCOPE OF APPLICATION
The stipulations set forth below constitute the legal basis, statements, general terms, and conditions (the “Terms and Conditions”) with respect to the services provided by Nuba USA, INC. (“NUBA” as defined below), consisting EXCLUSIVELY OF THE INTERMEDIATION BETWEEN YOU AND THE TOURIST SERVICE PROVIDER, under the laws of the state of Texas.
These Terms and Conditions apply to the territory of Texas, as well as to each of the services offered and provided by Nuba, including, without limitation, air, land and sea services (hereinafter the “Services”), so that any person who wishes to make a quotation, reservation or contract for tourist services (the “Customer” or “You”), indistinctly), must do so subject to the Terms and Conditions, together with the other policies and principles established by Nuba and which are incorporated herein by reference, which establish the way in which Nuba provides the Services and manages and protects the information entered by You.
Any person who does not intend to accept these Terms and Conditions, of a mandatory and binding nature, must refrain from continuing with the process of contracting the Services, including requesting itineraries, hiring, or booking the Services through any of the means available and made available by Nuba for this purpose.
The Terms and Conditions will be made known to You at the time of initiating communications under the Services, so that, if You do not expressly reject them, it will be deemed for all legal intents and purposes that You accept and consent to these Terms and Conditions.
THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE UNINTERRUPTED OR IN AN ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The services provided by Nuba are only available to individuals who have full legal age and capacity to bind themselves and to duly constituted legal entities, regardless of whether they are national or foreign persons. By requesting or using the Services, Youdeclare that You meet such requirements and that You agree to comply with the Terms and Conditions set forth herein. The request of Services by any person who does not meet such requirements is not authorized and constitutes a violation of these Terms and Conditions.
THIS WEBSITE IS DESIGNED FOR USE BY AN ADULT GENERAL AUDIENCE AND IS NOT INTENDED FOR USE BY CHILDREN. CHILDREN 13 YEARS OLD OR YOUNGER SHOULD NOT IN ANY CASE BE ALLOWED ACCESS TO THIS WEBSITE OR SERVICES.
3. DEFINED TERMS
For all purposes of the Terms and Conditions set forth herein, the following definitions shall apply:
Nuba: means Nuba USA, INC., is the one who provides the intermediary services through its reservation services, for your benefit as a Tourist-User (as defined below), with respect to the tourist services provided directly by the Tourist Service Provider.
Tourist-User: means the person who travels temporarily away from his/her usual place of residence and makes use of the tourist services provided directly by the Tourist Service Provider.
Tourist Service Provider: means the individual or company that provides You, directly, with the tourist services contracted, reserved, or acquired through the intermediation and booking engine of Nuba.
Itinerarymeans the document issued with the quote, and which contains the description of the trip offered. The information contained in the Itinerary will be subject to change without prior notice, so You accept and acknowledge that until You have confirmed the respective reservation and made the corresponding deposit, the conditions contained in the Itinerary may change or be modified without liability for Nuba including prices, availability, dates, times, or special conditions, among others.Similarly, Nuba will not be responsible for changes in the conditions contained in the Itinerary that has been provided, provided that (a) the changes in this information have been communicated to the Customer before the reservation is made, (b) the changes derive from any request or adjustment by the Customer, or (c) the changes come directly from the Tourist Service Provider.
4. PRIVACY POLICIES
5. PROCESS FOR CONTRACTING THE TRIP
You can contract the Services of Nuba, by requesting a quote on the
or through the sales consultant assigned to You. For this purpose, You will be offered an Itinerary that includes a description of the trip. You can make changes to the Itinerary without cost, as long as You have not confirmed the reservation; in this case,any change or cancellation will depend on the changes and cancellations policies of each of the Tourist Service Providers contracted. In the event that You accept the proposed Itinerary, You must pay Nuba thirty percent (30%) of the price of the land services and accept these Terms and Conditions, as well as the characteristics of the trip described in the Itinerary, such as destinations, routes, days, dates and times, changes and cancellations policy of the Tourist Service Providers, categories or classes of the Services, services included, as well as the particular conditions that, if any, are appropriate. Additionally, Nuba may require the total payment of the flights or, if applicable, the cruises included in the Itinerary, bearing in mind that until such payments are made, the price of such services may vary.
After the acceptance of the Itinerary and the payment of the amount established in it, Nuba will make the necessary arrangements to obtain from each Tourist Service Provider the confirmation of the contracted services. If any of these services cannot be confirmed due to lack of availability, another service of similar characteristics will be offered, with an expression of the change of rates that may be applicable, which You may accept or reject. If You reject the proposed change, NUBA will refund the amounts deposited to date on account of that Itinerary.
6. GROUP HIRING.
For the purposes of these Terms and Conditions, in the case of group trips where You make reservations on behalf of other people, You acknowledge that it will be your responsibility and that of all the Tourists-Users that accompany You, to read and abide by these Terms and Conditions, as well as to provide the correct and current information and documentation that is needed for Nuba to make the reservations for the services mentioned in the Itinerary.
7. DELIMITATION OF TRAVEL SERVICES.
7.1. General scope.
The benefits that make up the booked trip result from the information provided to You in the Itinerary. Notwithstanding the above, the execution of the program contained in the Itinerary is subject to change due to circumstances beyond the control of Nuba and produced by climatic or geographical alterations, problems or adjustments produced by the Tourist Service Providers, political, war, military conflict or public health circumstances, unforeseen events, or other reasons beyond the control of Nuba. Decisions on changes or cancellations will be made directly by the Tourist Service Providers, always ensuring Your safety and the smooth running of the trip.
The time in advance within which You must present yourself to board the corresponding transport will be determined directly by the Tourist Service Provider, and You must take the necessary precautions to be on time at the airports, ports, stations, or any other point of boarding, strictly following the specific recommendations that, in your case, the travel documentation provided to You indicates. As a general rule, You should arrive at the place indicated for boarding at least three (3) hours in advance for international trips or transportation and two (2) hours for national trips ortransportation. In any case, it is recommended that You reconfirm 48 (forty-eight) hours in advance of the departure or boarding times. If You are unable to make the trip because You did not show up on time, You should contact your sales advisor for advice and, if necessary, explain the options You have to reschedule the transport at a new time and / or date, in which case additional fees or commissions may apply. In any case, Nuba will not be liable for the loss or damage that You suffer if You do not show up with the required advance boarding or embarkation period or, if applicable, the failure to board the reserved and contracted transport.
Nuba will make the reservations considering the data indicated by You. The Tourist Service Providers reserve the right to deny boarding in case the Tourist-User data does not coincide with the data that appears on the passport, for which it is your responsibility to ensure that the data contained in the reservation document is correct and coincides with the details that appear on the passport. You will be solely responsible for covering any costs and expenses associated with any error or rectification of the data incorporated in the reservation.
Nuba will not be responsible for any loss or damage to your baggage, whether it is checked or carry-on, or any other property owned by You or in your custody prior to, during or after your trip.
The quality and content of the services provided by the hotel or lodging establishment will be determined by the official tourist category, if any, assigned by the competent body of the corresponding state or country. For those countries where there is an official classification of hotel establishments or any other type of accommodation, the Itinerary includes the tourist classification granted in the corresponding country. In those where there is no official classification, the category indicated in the program is simply a general indication given by Nuba. Therefore, Nuba is not responsible for the quality or services provided by the Tourist Service Providers related to the reserved accommodations. The triple or quadruple rooms or cabins are generally double rooms to which one or two beds are added, which are usually a sofa bed or some other similar attachment, except in certain establishments where two larger beds are used instead of additional beds. In this sense, Nuba will not determine the characteristics with respect to such type of rooms or cabins, so such characteristics will be determined by the Tourist Service Provider hired. The usual schedule for check-in and check-out at hotels is based on the first and last service You are going to use. The room occupation schedule depends on the rules established in each locality, state, or country or by the
policies of the Tourist Service
Providers. As a general rule and unless expressly agreed otherwise in the Itinerary, the rooms may be used from 3 p.m. on the day of arrival and must be vacated by 12 noon on the day of departure, regardless of the time of arrival at the hotel or the time of departure. You accept and acknowledge that if You do not vacate the room or cabin within the time frame established by each locality, state, or country or by the Tourist Service Provider, additional costs or fees may apply. When the service contracted doesnot include the permanent accompaniment of a guide and in the event that You foresee
your arrival at the hotel or apartment booked on dates or times different from those indicated, it is advisable, in order to avoid problems and misunderstandings, to communicate this circumstance as far in advance as possible to Nuba, or to the hotel or apartments directly, as the case may be.
Likewise, You should consult Nuba, at the time of booking, regarding the possibility of bringing pets, as they are generally not allowed in the hotels and apartments. If You have confirmed the admission of pets and You intend to travel with them, such circumstance must be stated in the Itinerary. The accommodation service will imply that the room is available on the corresponding night, being understood to be provided regardless of the fact that, due to circumstances inherent to the trip, the time of entry into the room is later than initially planned.
7.3.2. Supplementary Services.
When You request additional services (for example, room with sea view, outside cabin, etc.) that cannot definitively be confirmed by Nuba, You may choose to cancel the requested additional service definitively or keep your request pending that such services may finally become available, understanding that such services will depend solely and exclusively on the Tourist Service Provider. In the event that You have previously paid the price of the supplementary services that finally cannot be provided, the amount paid will be reimbursed by Nuba, provided that (i) such withdrawal is not made once the supplementary service has been reserved, and (ii) that in accordance with the cancellation policies of the Tourist Service Provider it is permitted.
The Itinerary must state whether the contracted Services include a diet, so You accept and acknowledge that if a diet is not contemplated, food and beverages will not be included. The special diets (vegetarian or other special regimes) are only guaranteed if they have been requested by You in advance of the trip and provided that the Tourist Service Provider confirms the availability of the same to Nuba. If due to delay or non-attendance, for whatever reason or motive, any restaurant service corresponding to the contracted food is missed, there will be no right to any reimbursement or refund.
7.5. Special economic conditions for children
For those Services in which You intend to use with minors, You should consider the applicable policy of each of the Tourist Service Providers, including without limitation, applicable age, characteristics, costs, occupation, services included, services not available, among others. You must notify the sales consultant of Nuba if the trip will be attended by a minor, so that he/she can consult with the Tourist Service Provider for the costs and policies applicable to them. The general conditions relating to minors will be included in the Itinerary as far as possible, however, Nuba will not be responsible for
any changes or features not included by the Tourist Service Provider in relation to the minor Tourist-User.
8. ECONOMIC CONDITIONS.
8.1. The price of the trip.
The Services of Nuba consist exclusively of the intermediation between You and the Tourist Service Provider, so the price contained in the quote sent to You represents thecost of the services provided precisely by the Tourist Service Providers and, in general, does not include the fees for the Services of Nuba. In that sense, the price of the trip includes or could include:
(a) Transport, when such a service is included in the contracted program and described in the Itinerary, with the type of transport, characteristics and category stated therein.
(b) Accommodation, where this service is included in the contracted program described in the Itinerary, the establishment and the diet regime included in the Itinerary.
(c) Indirect taxes or fees, such as the Airport Use Fee (“TUA”), Value Added Tax (“VAT”), sales tax or any other applicable tax included in the price. You acknowledge and agree that under the legislation of some countries it is likely that certain taxes are paid directly to the Tourist Service Provider and therefore not reflected in the price contained in the corresponding quotation or Itinerary.
(d) Management costs.
(e) All other services and supplements specified in the Itinerary.
8.2. Exchange rates.
The price of the trip may be quoted in various types of currencies, which will be duly specified in the Itinerary. In the case of any other type of currency, the amount of the transaction may be converted to the Currency of the United States of America, at the exchange rate in effect on the day of payment, as determined by the banking institution in which Nuba maintains a bank account for the purpose of payment of the price of the trip. Nuba informs You that some banks and credit card companies impose charges for international operations, which may vary from time to time, in addition to any taxes required under applicable law. Nuba is not responsible for the international fluctuation of the exchange rate, so You acknowledge having been informed of the possibility of fluctuation of the exchange rate and agree to the corresponding charge in the foreign currency or, if applicable, in Currency of the United States of America.
The price of the trip, in terms of the provisions of paragraph 8.2 above, shall include the items expressly indicated in the Itinerary, so that items not expressly stated, are not for all legal intents and purposes included as part of the Price of the trip. The excursions or optional visits not contracted originally, as well as the events, attractions, workshops, classes, sports events or any other activity not contracted but available to You are not part of the Itinerary and, therefore, (i) do not depend on the price of the trip, (ii) its execution will depend directly on the Tourist Service Provider, so You should consult with him/her about schedules, availability and, if applicable, additional costs, (iii) non-attendance will not give rise to any reimbursement, and (iv) its hiring may generate additional costs to those originally included in the Itinerary. In case it is considered convenient, Nuba may publish in the Itinerary the additional and optional activities that are available to You, however, these will have a mere informative character and
remain subject to change without prior notice by the Tourist Service Provider.
8.4. Price review.
The price of the trip has been calculated based on the exchange rates, transportation fees, cost of fuel, taxes and other costs associated with the trip in question on the date ofpublication of the Itinerary. The price of the trip will be confirmed once You, by any means, authorize the corresponding reservation and cover the total price of the trip. Therefore, the quoted prices of the trip and included in the Itinerary without your authorization and payment may undergo changes, both upwards and downwards, when changes occur in:
(a) the price of passenger transport resulting from the cost of fuel or other energy sources.
(b) the level of taxes or charges on the travel services included in the contract, levied by third parties not directly involved in the execution of the package, including tourist, landing and embarkation/disembarkation fees, taxes and surcharges at ports and airports; or
(c) the applicable currency exchange rates.
Therefore, it is recommended to authorize the Itinerary and pay the full price of the trip as soon as possible, in order to avoid, as far as possible, changes in the price of the trip.
If You have paid the total price of the trip and Nuba has confirmed the corresponding reservations, the changes in the price of the trip mentioned in the previous paragraph are not applicable to You.
Prior to the confirmation of the reservation of the trip, if the prices of the trip quoted suffer any change, either upwards or downwards, Nuba will notify You in order to authorize or, if necessary, cancel your reservation request without any penalty. You will have a period of five (5) calendar days from the date You are notified of the change in the price of the trip to inform Nuba of your acceptance or, as the case may be, withdrawal. In case You do not make any notification in this regard, it will be deemed as a withdrawal from the contracting of the Services.
8.5. Method of Payment.
With the acceptance of the Itinerary, You must pay Nuba thirty percent (30%) of the price of the land services. The remaining 70% (seventy percent) of the price of the trip must be paid at least forty-five (45) days before the start date of the reserved trip or, if applicable, on the dates that the Tourist Service Provider indicates to Nuba, dates that will be communicated to You by the sales consultant via email and, if applicable, will be included in the Itinerary.
Notwithstanding the above, You accept and acknowledge that Nuba may require the total payment of the air tickets, cruise reservations or those payments that are required in full by the Tourist Service Provider, for which You must pay one hundred percent (100%) of the price of the trip at the time of confirmation of the Itinerary.
In the event that You have paid the amounts prior to the acceptance of the Itinerary, You will be subject to the provisions of paragraph 8.1 above, under the premise that, once the reservation has been confirmed by You, it will be understood that You instruct Nuba to apply the seriousness deposit to the price of the trip, having to make payment for the rest of the price of the trip in the same terms as provided in the immediately preceding paragraph.
If any of the services contracted have special payment conditions, these must be included in the Itinerary or communicated by email by the sales consultant. In bothcases, these special payment conditions will be communicated by Nuba before You confirm the trip.
The failure or delay in the payment of the price of the trip, will authorize Nuba to cancel the reservations with the corresponding Tourist Service Providers, without any liability for Nuba. In this case, Nuba will retain as a liquidated damage or penalty the seriousness deposit referred to in this section. If the seriousness deposit is not enough to cover the pending payments in favor of the Tourist Service Providers, You will be obliged to pay the outstanding amounts.
If You do not make the remaining payment established in the present Terms and Conditions or, if applicable, in the Itinerary, Nuba may require You to make it within forty-eight (48) hours. In the event that You do not make the full payment of the price of the trip within the previously mentioned period, You acknowledge that Nuba will be entitled to terminate the present Terms and Conditions and apply the actions mentioned in the immediately preceding paragraph.
9. CANCELLATION AND REFUND POLICIES
By making a travel reservation You accept and acknowledge that the contracting of the services is directly with the Tourist Service Provider, with Nuba acting exclusively as an intermediary between You and the Tourist Service Provider, so that in the event that You decide to cancel the travel reservation You will be subject to the cancellation policy of each of the Tourist Service Providers contracted, as well as any additional terms and conditions that may be applicable and which may affect your trip. Nuba will help You to manage with the Tourist Service Provider the cancellation of the reservation and the refund that may apply, however, Nuba, as an intermediary, is not and will not be liable for the terms, amounts, forms of payment, origin or any other concept related to the cancellations and their respective refunds. Therefore, it is recommended that You consult the cancellation policy and the terms and conditions of the Tourist Service Providers before confirming the corresponding reservation. The sales advisor assigned
to You will be able to help You with any doubt that You have in relation to these policies of cancellation and terms and conditions of the Tourist Services Providers. The Itinerary may contain the description of the conditions of cancellation of the reservation, however, the lack of these in the Itinerary should not be construed as no cancellation policies and refunds applicable to that reservation and may subject to the cancellation policies and terms and conditions of the Tourist Service Provider. In addition, You submit to the provisions of paragraph 10.2.3. of these Terms and Conditions.
It is important for You to note that some rates, services, or special offers do not allow for changes or cancellations. Also, You should consider that reservations that require a deposit or payment in advance, in whole or in part, may be cancelled without notice when any of the amounts due cannot be collected in full on the relevant date, in accordance with the payment terms of the Tourist Service Provider and the conditions of the reservation. The conditions of cancellation and payment in advance may vary according to the product or service of each trip, in accordance with the policies of each
Tourist Service Provider. We recommend that You carefully read the Itinerary and theadditional information added to the reservation confirmation to check the additional conditions that the Tourist Service Provider may apply. Delays in payment, erroneous banking data, inconsistencies in the data of the credit or debit cards, invalidity of the credit or debit cards or insufficient balance are your responsibility, and they could prevent the crediting of the refund or reimbursements of the payment in advance (nonrefundable) if any of these cases happen, unless the Tourist Service Provider accepts or allows it in its cancellation policies.
If You wish to review, modify, or cancel your travel reservation, please refer to the confirmation e-mail or contact your sales consultant.
If You plan to arrive late or with delay on the day scheduled for Your arrival or if You intend to arrive some day later than scheduled in the Itinerary, be sure to communicate it promptly and in due time to the Tourist Service Provider, to keep them informed and avoid a cancellation or no-show charge. If You need it, the assigned sales consultant can help You to inform the Tourist Service Provider of any special considerations that You may have scheduled, however, Nuba is not liable for the consequences that your delay may have, or for any cancellation or no-show charge that the Tourist Service Provider may make.
In case of cancellation or no show, Nuba will communicate to You upon request the conditions of cancellation and the refunds that may apply, including the amount and the date of attempted payment. Nuba, under no circumstances is liable for (i) the amount calculated as a refund, and (ii) the estimated date of payment or their respective delays.
Once the trip has taken place, the non-use of any of the Services contracted by You will not give You any right to a refund.
10. OTHER RIGHTS AND DUTIES OF THE PARTIES PRIOR TO THE COMMENCEMENT OF THE JOURNEY.
10.1. Modification of the Itinerary before departure.
10.1.1. By the Tourist Service Provider or Nuba.
Nuba undertakes to provide You with the proper reservation of all the agreed services and contents of the Itinerary, with the conditions and characteristics established by Nuba and/or the Tourist Service Providers, reserving the right to make those changes that are not significant and that are necessary for the successful completion of the trip.
Notwithstanding the above, if Nuba is forced to make significant changes to the authorized Itinerary, either for reasons attributable to the Tourist Service Provider or to Nuba, it will immediately inform You. In this case, You may choose to accept the modification of the Itinerary in which the changes are introduced and their repercussion on the price are specified, or request the cancellation of the reservations described in the Itinerary. You must communicate the decision You make to Nuba within five (5) calendar days from the day You are notified of the modification.
10.1.2. Changes made by You.
Prior to the confirmation of the Itinerary and the corresponding reservation, You may make the changes to the Itinerary that You consider convenient for the purposes of thecontracted trip, however, You must consider that such changes may increase the price of the quoted trip or any of the Services related to it.
In the event that the reservation has been confirmed with the Tourist Service Providers and You want changes to the Itinerary or any of the Services contracted prior to the departure date, You must contact your sales advisor to support You in the execution of such changes, provided that they are authorized by Nuba. The modifications that You request will depend on the availability of the Tourist Service Providers and may generate additional costs to the prices already contracted, which will depend directly on the Tourist Service Providers.
You may transfer your reservation to a third person, provided that such change of ownership or traveler (including passenger, guest, or any other applicable concept) is applicable under the policies of the Tourist Service Provider and the third person meets the characteristics and documents (such as passport, visa, permits or any other similar or analogous) required for the contracted trip. You must request the assignment in favor of a third person with at least fifteen (15) calendar days prior to the date scheduled for the start of the trip. The viability of the assignment that You make in favor of a third person will depend exclusively on the Tourist Service Providers so that Nuba will not be liable to You or any third party in the event that such assignment is inappropriate. For the purposes of the above, both You and the assignee will be jointly and severally liable to Nuba for the payment of the price of the trip, as well as any additional justified expenses that may have been caused by such assignment.
10.2. Termination of the contract before the scheduled departure
10.2.1. Cancellation of the trip for reasons beyond your control
In the event of cancellation of the trip by any or all of the Tourist Service Providers contracted before the agreed date of departure, for any reason not attributable to You, You may request a refund of the amounts You have actually paid or, where appropriate, You may reschedule your trip with similar characteristics, for which You may contact your sales advisor, who will assist You at all times to seek from the Tourist Service Provider refunds of the corresponding amounts. Notwithstanding the foregoing, the viability of the refund, the amount, and the estimated date for it will depend exclusively on the Tourist Service Provider and, therefore, Nuba, in its capacity as an intermediary, will not be under any circumstances be liable for the corresponding refund.
10.2.2. Acts of God or force majeure
You acknowledge that the services may be cancelled due to an unforeseen event and/or force majeure, meaning any event of nature or human action which, due to its nature, makes it impossible to carry out the agreed and paid trip, including, but not limited to, failures in the reservation system, strikes, earthquakes, floods, tornadoes, cyclones, fires, wars, military conflict, riots, epidemics, pandemics, heath and sanitary governmental restrictions, landslides, explosions, accidents that affect the performance of the contracted Services, laws, regulations and acts of governments or other competent authorities, assaults and other similar unavoidable events, which are reasonably beyond the control of the Tourist Service Provider or, if applicable, Nuba,and that after any diligence or action on the part of the Tourist Service Provider or Nuba, could not be prevented or remedied in whole or in part. Nuba will help You to request from the Tourist Service Providers the refunds that may be applicable, however,
the viability of the refunds for events related to acts of God or force majeure will depend exclusively
on the Tourist Service Providers, so Nuba will in no case be liable for the amounts, dates or any other concept related to the refunds in the events of acts of God or force
10.2.3. Withdrawal from the contract by the customer.
In You so wish, You may request the cancellation of the contracted trip with the designated sales consultant, who will support You in what is necessary to manage the applicable refunds with the Tourist Service Provider. The applicable refund will depend on the cancellation policies of each of the Tourist Service Providers contracted, so that, notwithstanding that Nuba makes its best reasonable efforts to obtain the greatest possible amount of refund, You accept and acknowledge that the refund may be less than the amount paid for the trip and that, in some cases, the refund may even not be applicable. Nuba will not be liable for the amounts pending refund or the origin of the refund due to cancellation, since as it has been said, such refund depends directly on the cancellation policies of the Tourist Service Providers.
For purposes of the refund that, in your case, could apply for the cancellation of the trip, You accept and acknowledge that, unless expressly stated otherwise in the authorized Itinerary, such refund will be covered in the currency of the United States of America, , and the reimbursement must be made through the same monetary instrument, leaving no obligation on the part of Nuba or, if applicable, the Tourist Service Providers to reimburse the amounts agreed in different currencies. The maximum amount of reimbursement will be the amount effectively paid in dollars of the United States of America.
Additionally, derived from the efforts made by the sales force of Nuba, in case You cancel your trip, Nuba may at its discretion retain the following from the corresponding reimbursement, by way of compensation
(a) Twenty percent (20%) of the trip overall cost.
(b) Cancellation costs, if any.
The conditions contained in this section are applicable to cancellations prior to the start of the contracted trip, so if You have not arranged the cancellation of the trip with your sales consultant and You do not show up on the day scheduled for the start of the trip, You will not be entitled to any refund. In case You still have unpaid amounts, the lack of presentation for the trip will not give You the right to omit the payment of such amounts, so You must settle them on the terms agreed with the sales consultant or, if appropriate, with the provisions of the Itinerary.
In order for the cancellation to take effect, You must communicate, prior to the start of the trip, your desire to cancel it in writing to this email: email@example.com. The failure make such notification on the above mentioned terms will mean that no effect is given to the intended cancellation.
11. RIGHTS AND OBLIGATIONS OF THE PARTIES AFTER THE START OF THE JOURNEY.
11.1. Obligation of You to communicate any failure to carry out the trip and to collaborate in the normal development of the trip.
In the event of any deficiency or failure to comply with any of the services contracted, You must immediately inform the Tourist Service Provider, recognizing that Nuba, as an intermediary, is not responsible for the effectiveness or compliance of the services contracted. In this sense, Nuba will be able to provide You on a best reasonable efforts basis the support that is within our reach, so that your experience is adequate.
You will have the obligation to abide by the indications provided by Nuba or, where appropriate, the Tourist Service Provider for the proper execution of the trip, as well as the regulations that are generally applicable to users of the services included in the reserved trip. For the purposes of this paragraph, You agree to maintain a conduct that does not prejudice the normal development of the agreed trip and recognize that, in case of failure to comply with any of the indications that Nuba or the Provider of Tourist Services instruct You, You will be solely liable for the consequences that could be generated in the development of the trip and, in this sense, the expenses that are generated by not following the indications will be your liability.
11.2. Abandonment of the agreed journey before completion.
You have the right to cancel the agreed trip and the activities and amenities set out in the Itinerary after You have started the trip, but You may not claim a refund or reimbursement of any amounts paid in respect of unused Services and You will continue to be liable for any unpaid amounts.
11.3. Consequences of not providing the services due to causes attributable to the Tourist Service Provider
In the event that, at the time for providing the services agreed with the Tourist Service Provider, it does not provide part or all of the services previously agreed between Nuba and You, You agree that You will notify this situation to your sales advisor in order that, as far as possible, the best efforts to remedy at all times the damages generated by this failure are made, understanding at all times that only the Tourist Service Provider will be responsible for compliance or, where appropriate, compensation.
12. RESPONSIBILITY OF NUBA
Pursuant to these Terms and Conditions, Nuba provides its services exclusively as an intermediary between You and the Tourist Service Provider, establishing commercial negotiations within its own standards of quality and service, such as: hotel
accommodation, land, sea and air transportation and other related tourist activities such as tours and excursions, choosing only the most qualified and prestigious Tourist Service Providers on the market. Additionally, and taking into consideration that the legal nature of Nuba is to act solely and exclusively as an intermediary in the provision of tourist services, You understand and acknowledge that Nuba will only assume responsibility for the Services provided by virtue of such intermediation and, therefore,does not assume nor will assume liability due to any failure or lack of compliance by the direct Tourist Service Provider.
You release Nuba from all liability for acts, omissions, negligence, torts, accidents, damages or any kind of complaint or dissatisfaction related to the services provided by the Tourist Service Provider, understanding that Nuba has no control over or legal relationship with the personnel, equipment, operation, advertising, or goods of the Tourist Service Provider.
In some cases, Nuba offers expeditionary trips outside the traditional tourist routes, in close contact with nature and in many cases living with people far removed from Western customs.
Consequently, this type of trip that is contracted has specific characteristics that involve, as opposed to conventional trips, a greater risk than usual, a risk of which the recipient who contracts it is fully aware, assuming the liability that derives from it and expressly declaring that the risk is precisely one of the features that has a decisive influence on its decision to contract the services and relieving Nuba of any liability therefor.
13. RESPECT FOR THE REGULATIONS AND REQUIREMENTS OF THE AUTHORITIES
You must, by your own means, equip yourself with the passports visas or immigration documents required by the authorities of the departing country and the countries of destination or transit, such as visas, health permits, vaccines and all those documents required by the customs, air, sea, airport, federal, state, municipal authorities, etc., that are necessary to carry out your trip, releasing Nuba from any problem or liability that may arise with such authorities, as well as the loss of plane tickets, air transportation or hotel nights due to such omissions that in no case can be attributed to Nuba as they are your sole responsibility.
14. APPLICABLE LAWS
These Terms and Conditions shall be governed by the laws of Texas. You declare that You are aware of the scope of these Terms and Conditions, which are the faithful expression of your will You agree to submit to the jurisdiction of the courts and tribunals of Montgomery County, Texas, under its exclusive jurisdiction, renouncing in turn to any other jurisdiction that by reason of your present or future domiciles or by the location of your goods or by your nationality could otherwise correspond to You.
© 2020, Nuba USA, INC.
© 2022 NUBA Expediciones, S.L.
Phone (+34) 800 088 881 | CICMA 1559