READ CAREFULLY. YOUR USE OF TOUR REPUBLIC’S WEBSITE IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS
1. SERVICE DESCRIPTION
1.1 Tour Republic provides a website/application and related services (collectively, the “Website”) to enable Cuban tour creators (“Locals”) publish the leisure activities they offer (“Experiences”), and allow other users to browse, book, and review such Experiences (“Travelers”). In these Terms and Conditions, “User” means any individual using the Tour Republic’s Website, through installing, registering, or participating in any activity through the Website.
2. MOBILE SERVICES
2.1 The Website may include certain services (collectively, the “Mobile Services”) that are available via a mobile device, including:
uploading content to the Website via a mobile device;
browsing the Website from a mobile device; and
accessing to certain features through an application downloaded and installed on a mobile device.
2.2 To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
2.3 By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Tour Republic account information to ensure that your messages are not sent to the person who acquires your old number.
3. USER REGISTRATION AND ACCOUNT SECURITY
3.1 Any law-abiding Cuban entrepreneur who runs a private travel business or offers private travel services can register and publish their services on Tour Republic’s website. Due to the US law, Cuban state-run companies and its affiliated companies, subsidiaries, advertising and promotion agencies, webmasters and any and all other companies or persons associated with the Cuban military, intelligence and security services, or the Cuban Communist Party are not eligible to use Tour Republic’s Website.
3.3 You are responsible for maintaining the confidentiality of your password and account, and for any activity that occurs under your password or account. You agree to:
immediately notify Tour Republic of any unauthorized use of your password or account or any other breach of security; and
ensure that you exit from your account at the end of each session when accessing the Website. Tour Republic will not be liable for any loss or damage arising from your failure to comply with this section.
4. PROCESS OF PUBLISHING EXPERIENCES
4.1 Locals must create a profile (“Profile”) to showcase the Experiences they provide, including but not limited to the title, place and description, availability, itineraries, images and videos of the Experience, as well as the price and any additional expenses or discounts (if applicable). Locals may publish an Experience that is pre-scheduled for a specific time and date when the Traveler’s booking may be automatically confirmed (a “Instant Booking”). Profiles will be publicly available via the Website, and any Tour Republic’s representative may contact any Local based on his/her Profile information. Locals acknowledge and agree that they are responsible for the accuracy of their Profile and Experiences description.
4.2 Locals may modify the description of their Profiles and Experiences, or cancel its publication on the Website at any moment by sending an e-mail to email@example.com. Modifications of the Experiences will be effective for bookings made after the date of their modification. Cancellation of the publication of the Experience must not affect Travelers who previously booked such Experience.
5. BOOKING PROCESS
5.1 Travelers will be able to browse and view the Experiences as an unregistered visitor, but must register in order to book any Experience.
5.2 Except in the case of Instant Booking, when the Traveler requests a booking for an Experience, the Local who provides such Experience must confirm or reject the solicitation within the 48 hours of when the booking is requested. If the Local is unable to confirm or reject a booking request within the specified timeframe, there will be no charge to the Traveler. In such case, Tour Republic may attempt to provide an alternative Experience for the Traveler, according to his/her preferences and budget.
5.3 Failing to respond to booking requests within the provided term, as well as repeatedly declining Experiences, may lead to disciplinary measures against the Local, at the discretion of Tour Republic, according to the section 8.3 of these Terms and Conditions.
5.4 As part of the booking process, Travelers may be required to enter into an agreement imposed by the Local and regarding certain terms, conditions, rules and restrictions associated with a particular Experience. Travelers acknowledge and agree that Tour Republic is not a party to any agreement between them and the Local, and Tour Republic disclaims all liability arising from or related to such agreements.
5.5 The Traveler will be charged the total cost of booking when the request is confirmed by the Local. Then, the Traveler will receive a billing receipt with a code (“Booking Number”) and the booking summary. Also, the Traveler will be able to use the Website’s messaging system to coordinate the Experience details with the Local.
5.6 At the moment the Experience begins, Travelers must personally present and provide the Booking Number to the Local. Travelers are solely responsible for the preservation of the Booking Number until delivering it to the Local. Travelers also understand and agree that failing to personally hand over the Booking Number to the Local may cause the cancellation of the Experience. In case of such Experience cancellation, Tour Republic will follow the guidelines of the Cancellation Policy.
5.7 Right before the Experience begins, the Local must request the Booking Number, which constitute the only evidence that Tour Republic will accept as a confirmation that the Experience has taken place. After the Local receives the Booking Number from the Traveler, the Local will be solely responsible for the preservation of the Booking Number until entering it into the Website’s system or sending it by email to firstname.lastname@example.org. Locals understand and agree that failing to deliver the Booking Number to Tour Republic may cause the cancellation of their payment.
6. US TRAVELERS
6.1 US individuals wishing to use the Website must be legally authorized to travel to Cuba under one of the twelve general license categories allowed under US law.
6.2 Tour Republic’s mission is to help Cuban entrepreneurs grow their private travel businesses, thus strengthening the civil society in Cuba. Therefore, most of the Experiences available to book on the Website are covered by the “Support for the Cuban People” general license, although many Experiences could be also covered by other general licenses according to the US traveler’s travel purpose.
6.3 US travelers wishing to book an Experience that may fall within the scope of a general license should review the relevant general licenses contained in the Cuban Assets Control Regulations (CACR) to determine whether a particular Experience is covered by the traveler’s general license.
6.4 Tour Republic cannot match a US traveler’s general license with a particular Experience on behalf of the traveler. Booking an Experience that is covered by the US traveler’s general license is the sole responsibility of the US traveler.
6.5 US regulations require that Tour Republic collects basic travel details from any US traveler heading to Cuba. Thus, any US traveler must provide her/his home address and purpose of traveling to Cuba while submitting a booking request for an Experience.
7. PRICE AND MEANS OF PAYMENT
7.1 Users may not offer or accept payments using any method other than placing an order through Tour Republic’s Website.
7.2 Locals may decide how much they want to charge, including additional expenses and/or discounts for their Experiences.
7.3 Travelers must pay for Experiences through the Website’s system, in any of the currencies published therein. The Traveler accepts that payment in any currency other than the displayed currency may entail exchange costs. We accept any credit/debit cards supported by Stripe. All payments transacted through Stripe are subject to the Stripe fee of 2.9% + 30¢ per successful transaction.
7.4 The displayed price on the Experience page is the total amount to pay and already includes all the relevant fees and taxes.
7.5 The payment made by the Traveler will be withheld up to 24 hours after the performance of the Experience. Within 48 hours after the performance of the Experience, and only after Tour Republic receives the Booking Number from the Local, Tour Republic will use the applicable payment method to remit the amount paid by the Traveler to the Local, less the applicable fees and commissions. The Local accepts that the amount transferred may take longer due to causes beyond the control of Tour Republic, including but not limited to the bank, payment provider and location.
7.6 Locals hereby appoints Tour Republic as their limited agent solely for the purpose of collecting payments made by Travelers on their behalf. Locals also agree that payment made by Travelers to Tour Republic will be considered the same as a payment made directly to them. Therefore, Locals will make the Experience available to Travelers in the agreed upon manner as if Locals have received such payment. In accepting appointment as the limited authorized agent of Locals, Tour Republic assumes no liability for any acts or omissions of Locals.
8. CANCELLATION POLICY
8.1 Travelers may request an Experience cancellation at least 14 calendar days prior the Experience date. Travelers must notify its decision to cancel the Experience through an unequivocal statement by e-mail sent to email@example.com. In this case, Tour Republic will reimburse the amount paid by the Traveler through the same payment means used by the Traveler for the initial transaction.
8.2 Changes to an already confirmed Experience by a Traveler are considered a cancellation and are subject to this Cancellation Policy
8.3 Locals are authorized to cancel an accepted Experience if causes of force-majeure arise or whenever the minimum participation requisite described for the performance of the Experience is not reached. Tour Republic considers cancellations as a very serious issue since it can create severe inconveniences for Travelers and affect the Website’s credibility. Locals who may be obliged to cancel a confirmed Experience must send an e-mail to firstname.lastname@example.org and expect confirmation from Tour Republic. In certain cases, and at Tour Republic’s discretion, if a Local cancels the booking after being accepted, said Local may be subject to the following penalties:
A cancellation fee. If a Local cancels any approved Experience within 7 days of the booking date, said Local will be charged a 14% fee of the total booking value. Tour Republic will automatically deduct any applicable cancellation fees from the next Local’s payout.
Automated review. An automated review will be posted to the Local’s Profile indicating that said Local canceled Experiences before.
Unavailable/Blocked calendar. The Local’s calendar will stay blocked and won't be able to accept another booking for the same dates of the canceled Experience.
Profile suspension or cancelation. If a Local repeatedly cancels or breaks these Terms and Conditions, Tour Republic may suspend temporarily or cancel definitely the Local’s Profile on the Website.
All cancellation requests will be reviewed by Tour Republic and the Local will be informed of the outcome by email.
8.4 If a Local cancel an activity, Tour Republic will endeavor to match the Traveler with another Local’s Experience, according to the Traveler’s interests and budget. If the Traveler does not accept the alternative Experience, Tour Republic will reimburse the Traveler the amount paid for the cancelled Experience.
9. REFUND POLICY FOR TRAVEL ISSUES
9.1 A “Travel Issue” means any of the following:
the Local fails to arrive within 20 minutes of the scheduled start time for the Experience;
the description of the Experience listed on the Website is materially inaccurate regarding the real duration, itinerary, or physical location of the Experience; or
the Experience depends on certain weather conditions that are not met and prevent the Experience from taking place on the agreed day.
9.2 If you are a Traveler and suffer a Travel Issue, Tour Republic agrees, at our discretion, to either:
reimburse you up to the amount paid by you through the Website, depending on the nature of the Travel Issue; or
attempt to match you with another Experience similar to your booked original Experience, in terms of itinerary and budget. If the alternative Experience is of a higher price than the original, you may pay the difference. If the alternative Experience is of a lower price, you may be entitled to a partial refund.
9.3 Only a Traveler may submit a claim for a Travel Issue. In order to submit a valid claim for a Travel Issue, the Traveler must meet each of the following conditions:
you must report the Travel Issue to Tour Republic in writing to email@example.com, and provide information (including evidence) about the Experience and the Travel Issue. You will have up to 24 hours after the performance of the Experience to submit the claim, and you must respond to any Tour Republic request for additional information or cooperation on the Travel Issue;
you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
you must have used reasonable efforts to try to solve the Travel Issue in cooperation with the Local before submitting the claim (and you must provide evidence of having done so).
9.4 Locals are responsible for the accuracy of the description of their Profile and Experiences, in order to prevent the Traveler from complaining about Travel Issues. Throughout the Experience, you should be available to try, in good faith, to resolve the Traveler Issue. As a Local, you may dispute the Travel Issue by providing Tour Republic with additional information (including evidence) related to the Travel Issue. You may send this information in writing to firstname.lastname@example.org. If Tour Republic determines that a Traveler suffered a Travel Issue related to your Experience and reimburses said Traveler, you agree to waive the payment related to that particular Experience.
9.5 All determinations of Tour Republic with respect to the Refund Policy for Travel Issues, including without limitation the size of any refund and the measures to solve the Travel Issue, will be final and binding on Travelers and Locals.
9.6 This Traveler Refund Policy is not intended to constitute an insurance or insurance contract, and does not take the place of insurance obtained or obtainable by the Traveler. The benefits provided under this Traveler Refund Policy are not assignable or transferable.
10. EXPERIENCE REVIEW
10.1 Travelers may review the Experience they have attended. Feedback reviews provided by Travelers are an essential part of Tour Republic’s rating system and demonstrate the Traveler’s overall experience with the Local’s service.
10. 2 Published reviews must be true, clear and useful for Tour Republic and the Users. Travelers may not be obliged or coerced to give opinions in a specific sense. If this occurs, the affected Traveler must report it to Tour Republic by sending an e-mail to email@example.com.
10.3 To prevent any misuse of our review system, all feedback reviews must come from legitimate bookings executed exclusively through the Website. Bookings arranged, determined to artificially enhance a Local’s rating, or to abuse the Website with bookings from additional accounts, will result in a permanent suspension of all related accounts.
10.4 Feedback comments given by Travelers are publicly displayed on the particular Experience page. Travelers have the option not to include a comment, but still rate the Experience.
10.5 Feedback reviews will not be removed or edited unless there are clear violations to our Terms and Conditions.
11. USER CONTENT POLICY
11.1 Users are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“User Content”) that they upload or share through the Website. Users agree not publish or share content that:
transmits spam, advertisements or other unsolicited or unauthorized promotional content;
advertises or offer to sell or buy any goods or services for any purpose that is not specifically authorized;
harvests or collects email addresses or other contact information of other Users for the purposes of sending unsolicited emails or other unsolicited communications;
identifies other Users without having obtained their prior informed consent;
contains references to any bookings other than that of the Experience in particular;
contains political, religious or social comments not related to the Experience;
includes rude, vulgar, obscene, defamatory, calumnious, threatening, discriminatory, pornographic, or any other content that may encourage hate or physical or verbal violence;
infringes any intellectual property or other proprietary rights of any party;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
encourages or supports any illegal activity;
impersonates any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
violates any applicable local, state, national or international law, or any regulation having the force of law; or
in the sole judgment of Tour Republic, is objectionable or restricts any person from using or enjoying the Website, or which may expose Tour Republic or its Users to any harm or liability of any type.
11.2 Users guarantee the ownership of the pertinent authorizations, licenses and intellectual and industrial property rights over the User Content, and that their exploitation by Tour Republic will not violate any legal provisions, contracts, rights or property of any third parties, and will not constitute any manner of unfair competition. Users recognize the intellectual and industrial property rights of Tour Republic over the User Content. For these purposes, Users hereby assign to Tour Republic, free-of-charge, all exploitation rights over the User Content for the maximum period of protection legally recognized for such rights, with the right to assign them to third parties or promote the Website, including but not limited to, the exercise of the rights of reproduction, distribution, public communication and making available to the public, transformation, modification or adaptation and exploitation of the User Content. Users guarantee that no rights of any nature have been conferred or assigned to any third parties in relation to the User Content. Consequently, Users will assume any expenses, costs, damages and indemnities that may be caused to Tour Republic as a result of legal actions brought by any third parties against Tour Republic, based on alleged infringements or damages caused by the intellectual property rights assigned in these Terms and Conditions over the rights that such third persons may hold.
11.3 Tour Republic reserves the right to investigate and take appropriate legal action against anyone who, in Tour Republic sole discretion, violates this User Content Policy, including without limitation, removing the offending content from the Website, suspending or terminating the account of such violator and reporting the violator to the law enforcement authorities.
12. THIRD PARTY CONTENT POLICY
12.1 Under no circumstances will Tour Republic be liable in any way for any content or materials of any third parties, including, but not limited to, errors, omissions, loses or damages incurred as a result of the use of such content. You acknowledge that Tour Republic does not have a duty to pre-screen content, but has the right in its sole discretion to refuse or remove any content that is available on the Website. Without limiting the foregoing, Tour Republic has the right to remove any content that violates these Terms and Conditions or is deemed by Tour Republic, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
12.2 The Website may provide, or third parties may provide, links or other access to other sites and resources on Internet. Tour Republic has no control over such sites and resources, and Tour Republic is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Tour Republic will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any content, event, goods or service available on or through any such site or resource. Any dealings you have with third parties found while using the Website are between you and the third party, and you agree that Tour Republic is not liable for any loss or claim that you may have against any such third party.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 You acknowledge and agree that the Website may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (“Website Content”). Except as expressly authorized by Tour Republic, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website Content. In connection with your use of the Website, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein is strictly prohibited. The technology and software (collectively, the “Software”) underlying the Website or distributed in connection therewith is the property of Tour Republic. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Tour Republic.
13.2 Tour Republic’s name and logos are trademarks and service marks of Tour Republic (collectively, “Tour Republic Trademarks”). Other products, service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tour Republic. Nothing in these Terms and Conditions or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tour Republic Trademarks displayed on the Website, without our prior written permission in each instance. All goodwill generated from the use of Tour Republic Trademarks will inure to our exclusive benefit.
14. LIMITATION OF LIABILITY
14.1 Locals acknowledge and agree that they are responsible for the accuracy of their Profile and Experience description. Locals must also warrant that their Profile and Experience:
will not breach any agreements they have entered into with any third parties (such as employers or local tourism agencies);
will be in compliance with all applicable laws, tax requirements, rules and regulations that may apply to such Experience, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours in public spaces and other venues; and
will not benefit the Cuban military, intelligence and security services, or the Cuban Communist party, in any way, shape or form.
14.2 If, due to any cause, the Local is not able to fulfil the Experience booked by the Traveler, Tour Republic will not assume any liability other than that of carrying out the corresponding reimbursement. The Local will be solely liable for any damages that may be derived as a consequence of the foregoing.
14.3 Although these Terms and Conditions require Users to provide accurate information for transparency or fraud prevention or detection purposes, Tour Republic may undertake additional checks to help verify the identities or backgrounds of Users. However, we do not make any representations about, confirm, or endorse any User or the User’s purported identity or background. Any references in the Website to a User being "verified" only indicate that the User has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Tour Republic about any User, including of the User’s identity and whether the User is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Website. We therefore recommend that you always exercise due diligence and care when deciding whether to request bookings or book instantly with a Local or to accept or preapprove a booking request from a Traveler, or to have any other interaction with any other User. We are not responsible for any damage or harm resulting from your interactions with another User.
14.4 Users are exclusively responsible for maintaining suitable behavior during the performance of the Experience and, in particular, they commit to act in accordance with the current legislation and to not commit any act that may be considered criminal. Tour Republic will not assume any liability whatsoever as a result of the early finalization of the Experience by the Local due to inappropriate conduct by the Traveler or as a consequence of any of the foregoing. If Locals and/or Travelers cause any damage, they are to reimburse the full cost of the damage caused to the person and/or entity to whom said damage may have been caused. In addition, they are to indemnify Tour Republic for the full amount of any claims presented against Tour Republic by any third parties as a consequence of said damage.
14.5 Users are also responsible for all other arrangements they make outside the Website, including, without limitation, on-the-ground agreements, additional tours or experiences, restaurants and similar bookings.
14.6 Users understand and agree that Tour Republic does not act as an insurer or as a contracting agent. Any agreement entered into when booking an Experience is between the Traveler and the Local, and Tour Republic is not a party thereto. Notwithstanding the foregoing, Tour Republic’s responsibilities are limited to:
facilitating the access to the Website, where Locals may publish their Experiences and Travelers may book such Experiences; and
serving as a limited agent for accepting payments from Travelers on behalf of the Locals, having to transfer such payment to the Locals.
14.7 By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third party who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from Tour Republic regarding such actions or omissions. Therefore, you agree to release, indemnify and hold Tour Republic and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, your violation of these Terms and Conditions, or your violation of any rights of another.
15. USER DISPUTES
15.1 You agree that you are solely responsible for your interactions with other Users and Tour Republic will have no liability or responsibility with respect thereto. Tour Republic reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User.
16. SERVICE MODIFICATIONS
16.1 Tour Republic reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. This may include changes to these Terms and Conditions and any associated Website´s policy or use of Tour Republic’s brand name. You agree that Tour Republic will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
17.1 You agree that Tour Republic, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Website and remove and discard any content within the Website, for any reason, including, without limitation, for lack of use or if Tour Republic believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Website under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that Tour Republic may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Tour Republic will not be liable to you or any third party for any termination of your access to the Website.
18.2 If any of the clauses of these Terms and Conditions prove to be null due to contravention of applicable legislation, said clause will be taken as not included, but this will not affect the rest of the Terms and Conditions, which will remain fully effective and valid between the parties.
19. LEGISLATION AND APPLICABLE JURISDICTION
19.1 These Terms and Conditions have a commercial nature and must be interpreted and complied with in accordance with its own terms and in relation to any matter not provided for herein, it will be governed by the United States legislation.
19.2 To the extent permitted in the applicable legislation, in order to settle any controversies derived from the validity, interpretation, fulfilment or execution of these Terms and Conditions, the parties expressly submit to the jurisdiction and competence of the state and federal courts located in Florida; thus expressly waiving any other jurisdiction to which they may be entitled.