Why do I ask you to release me from liability?
By participating in any tour with me, or hiring me for any service, you agree that you will not hold me responsible for any accident, theft or negligence by me or any third parties.
The nature of travel in Cuba means the locations that we visit have inherent risks. We take you off the beaten track, we use classic cars from the 1950’s, we ride horses which are live & unpredictable animals, and there are many aspects of the environment that I can not control.
Travelling to Cuba means you will be in a country under a communist government. This has restrictions and life here can be challenging. Sometimes there are short-falls of basic products, including but not limited to water/food stuffs/petrol/flushing toilets/running water etc. Whilst I endeavour to always have reserve access to basic things, you agree that you will not hold me responsible for any lack of 1st world products that you might be used to at home.
I take as many precautions as I can, such as selecting safe drivers with high quality cars, using strong and well-cared for animals, but in a complex country such as Cuba, the roads and driving standards of locals can be more dangerous than home, the unexpected can happen, and there are no safety equipments like helmets available for purchase or use. You are coming here from your own free will and accept the hazards. I ask you to think of your trip with us as an ‘experience’ rather than a ‘vacation’, accepting the risks & cultural differences that this brings.
I strongly recommend you and your clients do your research on Cuba before travelling here, so you know what to expect. This is not a luxurious Caribbean island. Please read this useful blog post to determine whether you are suited to a trip to Cuba, as it really isn’t like any other country you’ll ever have been to.
RELEASE & WAIVER OF LIABILITY – the legal bit
By travelling with me as a Group Trip Host or a direct or indirect client, you acknowledge and agree to the following statement:
Access to and use of the services of Travels With Cassie (“I”, “we”, “us” and “our” and “Cassie” and “Travels With Cassie”) and her website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through her website and social media you, the purchaser and/or client (“Client” and “host” and “you/your”) agree to be bound by these terms:
I have voluntarily consented to participate in a tour, and the other outdoor activities (the “Activities”) guided or arranged by Cassie (also trading as TravelsWithCassie (TwC)) or any respective partner, staff, directors, and freelancer or supplier they hire, herein known as “The Company”).
I understand that the tour and all other hazards and exposures connected with related outdoor activities, involve risk of harm. I am aware of the risks and dangers inherent with the Activities, and I knowingly and willingly assume the risk of injury, including but not limited to injury that might result from a fall, slip, drowning, injury from any person or object such as (but not limited to) other tour participants, guides, drivers, trees, rocks, holes, rafts, boats, animals, food, bodies of water and other obstacles, whether obvious or not obvious. I agree that any bodily injury, death, or loss of personal property and expenses as a result of my negligence in the Activities or any other activity is my responsibility. In consideration of and as a part of the right to participate in the Activities with The Company, and any related party, including hotels, cruise companies, drivers, car hire companies, bike rental providers, local tour operators and freelance guides, and any respected landowner (hereinafter referred to jointly as “Members”). I agree and state that I am fully capable of participating in the Activities, I am in excellent health with no known handicaps that might hinder my full participation in the Activities, and I am fully capable of handling the hazards of an active tour, the traffic, weather conditions, walking, terrain and all and any similar conditions associated with said Activities.
As lawful consideration for being permitted by the Members to participate in the Activities, I release from any legal liability the Members and all of their officers, managers, organisations, agents, employees, successors and assigns for any and all losses, damages to property or body, including any injury, death or loss or damage caused by or resulting from my participation in the Activities whether or not such injury or death was caused by or resulting from their negligence or any other cause.
I further agree not to sue, claim against, attach the property of, or prosecute Members and all of their officers, managers, affiliated organisations, agents, employees, freelancers, individuals, successors and assigns for any injury or death caused by or resulting from my participation in the Activities provided by Members whether or not such injury or death was caused by or resulting from their negligence or any other cause.
I agree to defend, indemnify, and hold harmless Members and all of their officers, managers, affiliated organisations, agents, employees, successors and assigns for any injury or death caused by or resulting from my participation in the Activities provided by Members whether or not such injury or death was caused by or resulting from their negligence or any other cause.
This contract shall be legally binding on me, my estate, heirs, assigns, legal guardians, and personal representatives. I have carefully read the above and fully understand its contents. I am aware that I am releasing certain rights that I may have, and enter into this contract of my own free will.
By reading this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I am entirely responsible for or may be exposed to or infected by COVID-19 by attending this trip and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, suppliers, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance.
“Force Majeure” means, in relation to TwC, any circumstances beyond the reasonable control of TwC, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
TwC shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If TwC, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to your trip. Payment of any refund by TwC to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although TwC shall use its reasonable efforts to reimburse you where possible. However, TwC shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Twc of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once TwC has investigated the prevailing situation, as it deems fit, it shall remain in TwC’s sole and absolute discretion whether to proceed with your trip. You may in such circumstances cancel the trip subject to TwC’s and each supplier’s terms and conditions. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political, pandemic or other similar events.