Grand Circle Foundation Terms & Conditions
Grand Circle Foundation Passenger Contract
IMPORTANT NOTICE TO PASSENGERS: THE TERMS AND CONDITIONS IN THIS CONTRACT GOVERN YOUR TRIP BOOKING. THESE TERMS AND CONDITIONS COLLECTIVELY REFERRED TO AS THE “PASSENGER CONTRACT” CONSTITUTE A LEGALLY BINDING CONTRACT AND THE ENTIRE AGREEMENT GOVERNING THE RELATIONSHIP BETWEEN YOU AND THE COMPANY. THERE IS NO VERBAL OR WRITTEN REPRESENTATION, WARRANTY, PRIOR AGREEEMNT OR DESCRIPTION OF SERVICES OTHER THAN AS EXPRESSED HEREIN.
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING. YOUR ATTENTION IS ESPECIALLY DIRECTED TO SECTIONS 2, 3 and 15 LIMITING OUR LIABILITY FOR YOUR DEATH, ILLNESS OR INJURY, AS WELL AS DAMAGE CLAIMS RELATING TO BAGGAGE AND PERSONAL PROPERTY, AND YOUR RIGHT TO SUE OR ARBITRATE, AND WAIVER OF JURY TRIAL AND CLASS ACTION. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PASSENGER CONTRACT, DO NOT ACCEPT. INSTEAD, CALL AND CANCEL YOUR RESERVATION AND WE WILL REFUND ANY DEPOSIT PAID. ONCE THIS PASSENGER CONTRACT IS ACCEPTED, YOU CANNOT SUBSEQUENTLY REJECT IT. HOWEVER, YOU CAN CANCEL YOUR RSERVATION SUBJECT TO ANY CANCELLATION PENALTIES THAT MAY APPLY.
By accepting, you certify that you are an adult with full legal authority to enter into this Passenger Contract for yourself and on behalf of all accompanying passengers on your reservation. You further affirm that you have read the terms of this Passenger Contract, and that you understand and accept all such terms and conditions. The Passenger Contract terms must be accepted within 21 days (72 hours for bookings made within 45 days of departure), or your reservation will be cancelled.
- TOUR OPERATOR
- LIMITATION OF OUR LIABILITY
- NOTICE CONCERNING SAFETY AND SECURITY
- MEDICAL CARE; TRAVEL PROTECTION
- AUTHORITY TO DECLINE PASSENGERS OR REMOVE PASSENGERS FROM TRIPS OR CRUISES
- RESERVATIONS AND PAYMENTS
- CANCELLATIONS AND REFUNDS
- RESERVATION CHANGES
- SINGLE TRAVELERS
- PASSPORTS AND VISAS
- AIR ARRANGEMENTS
The word “you” or “passenger” refers to each passenger booking, purchasing or traveling on a Cuba tour, including any accompanying minors, and all of the passenger’s heirs, successors in interest and personal representatives.
“Company” or the term “we” or “us” refers to Grand Circle Foundation, Inc., and all affiliated companies including but not limited to Grand Circle LLC and its affiliates, and each of their owners, shareholders, directors, officers and employees.
“Program Price” refers to the sum of the base price for your program, plus single supplement (if applicable), plus any air add-on costs, included government taxes and fees, and pre- or post-trip extension costs; but does not include any other items, such as surcharges, port charges, government taxes or fees that are payable onsite, etc. (collectively, “Other Items”).
“Suppliers” are independent third party providers of services. See “Tour Operator” Section 2 below.
“Tour Operator” or “Operator” means Grand Circle Foundation, Inc.
2. TOUR OPERATOR
a) For purposes of the Cuba tour, we are a “tour operator.” This means that we organize, promote, and sell tour programs consisting of certain travel services that are provided by independent third parties (“Suppliers”).* All travel activities and services provided in connection with, before, after or during your tour including but not limited to hotels, restaurants and other food providers, Grand Circle Foundation on-site representatives, local guides, ground operators, providers of optional tours and shore excursions, or transportation of any kind by any vessel, aircraft, bus or other mode of transportation, are provided, owned and operated by independent third party contractors whose employees, facilities, products and services are not subject to our supervision or control.
* Grand Circle Foundation utilizes the services of Educational Travel Alliance, Inc. (“ETA”), an OFAC licensed Travel Service Provider, to provide certain services related to the coordination of the Cuba programs. ETA may in turn utilize the services of other suppliers, which are independent third parties, including companies in Cuba, to make arrangements related to the program.
b) The Suppliers providing services for your tour are independent contractors and are not our agents, employees, servants, or joint venturers. To the extent we book air transportation for you, we act as an agent of the air carrier and not as your agent. For all other purposes, we do not act as an agent for any party whatsoever.
c) In the course of your tour, you may see the name Grand Circle Foundation or hear or see the use of the word “our” to denote hotels, transportation vehicles or vessels. We may also use sign placards with these names. Any such use is purely for reasons of identification and does not denote any agency, joint venture, or ownership, supervision, or control by us in any way
3. LIMITATION OF OUR LIABILITY
Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Passenger Contract only, “Company” also includes any vessel used in your tour (or any substituted vessel) whether owned or operated by Company, the vessel’s owners, operators, managers, charterers, and agents, any affiliated or related companies thereof and their officers, crew, pilots, agents or employees, and all concessionaires, shipbuilders and manufacturers of all component parts, launches, appurtenances, craft or facilities, whether provided at sea or on shore, belonging to any such ship or owned or operated by its owners, operators, managers, agents, charterers, contractors or concessionaires.
Additionally, unless otherwise expressly provided herein, all limitations of liability apply to your tour, Small Ship or River Cruise.
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a Supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
c) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
d) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
e) You agree that Company’s liability for loss or damage to baggage or personal property is limited to U.S. $500 per bag. Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
4. NOTICE CONCERNING SAFETY AND SECURITY
You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in the United States. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specified cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you.
5. MEDICAL CARE; TRAVEL PROTECTION
You recognize and agree that we are not in the business of providing medical services and/or operating medical facilities. You acknowledge that the medical benefits in Cuba (see Air Arrangements subsection “e”) are not provided by us. You therefore agree that we are not responsible for the provision of, or adequacy of, any medical care provided to you.
During your tour the availability of medical care may be limited or delayed. You acknowledge that all or part of your tour may be in areas where medical care and evacuation may not be available. You agree to indemnify and reimburse Company in the event Company elects to advance the cost of emergency medical care, including medical care provided ashore as well as transportation and/or lodging in connection therewith.
6. AUTHORITY TO DECLINE PASSENGERS OR REMOVE PASSENGERS FROM TRIPS
We reserve the right to accept or reject any person as a tour passenger. We reserve the right to expel any passenger from a tour or disembark a passenger from a vessel if we deem this necessary for the comfort, convenience or safety of the tour participants, including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other passengers or if we reasonably determine your condition would adversely affect your health, safety or enjoyment or that of other passengers. If we remove you from a trip in progress or disembark you from a vessel, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of the travel arrangements and you will be responsible for your travel costs to return back home.
7. RESERVATIONS AND PAYMENTS
A deposit of $500 per person is required to secure your reservation. To secure reservations on a trip departing within 90 days, full payment is required at the time of booking.
Final payment is due at least 90 days prior to departure. Grand Circle Foundation reserves the right to cancel reservations that are not paid in full at any time after final payment is due. Cancellation charges may apply
Every effort has been made to produce pricing information accurately. Operator reserves the right to correct promotional or pricing errors at any time, or to increase the tour price in the event of cost increases due to changes in airfares, currency fluctuations, fee increases instituted by the Cuban government, taxes, or fuel surcharges, or other reasons, unless you have paid for your tour in full prior to the cost increase going into effect.
For your benefit, we strongly recommend that you purchase travel protection to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your Cuba tour.
8. CANCELLATIONS AND REFUNDS
If you must cancel your reservation on the Cuba program, you may do so by calling 1-855-423-3443, or by letter. Send letters of cancellation to Grand Circle Foundation, 347 Congress Street, Boston, MA 02210. Cancellation charges will be calculated as of the date we receive your cancellation. Any applicable refunds will be returned to you in the manner in which payment was made, and processed within 30 days of receipt of your cancellation.
Cancellation Charges for the Cuba Program:
Prior to departure
65 days or more
100% of the program price
If you are a no-show, if you cancel your trip after the departure date, if you do not have a valid passport or are not able to obtain a valid Cuba Visa or if you leave a trip already in progress, you will not receive any refund for all or any unused portion of your trip.
Cancellations made within 21 days after booking will be subject to the cancellation charges, unless the reason for canceling given at the time of cancellation is your rejection of these Terms and Conditions prior to acceptance.
If you reserved a double room and are sharing with a friend or family member, and that person cancels prior to departure, you will be subject to an additional single supplement fee.
9. RESERVATION CHANGES
a) We reserve the right to modify tour itineraries and substitute hotels and accommodations without liability to Company. Included features may not be available for all departures.
b) If you make changes to your program date or air city, it will be treated as a cancellation and the relevant cancellation charges will apply. Name changes are considered reservation cancellations and are subject to the above cancellation charges. All traveler requests are subject to availability and are not guaranteed.
c) In certain circumstances, Grand Circle Foundation may change the departure date of your program or consolidate any departures that do not reach a minimum level of participation or are overbooked. In this event, you will be offered an alternative departure date. If we are not able to agree upon a suitable alternative, you will be entitled to cancel your reservation and receive a full refund of your program price.
d) Grand Circle Foundation reserves the right to cancel or shorten a program’s departure without notice, in which event your sole remedy shall be a prorated refund for any unused portion of the trip, calculated in accordance with the Company’s typical business practices.
10. SINGLE TRAVELERS
The Cuba program dates offer a limited number of single rooms. There will be an additional charge for single occupancy of accommodations.
11. PASSPORTS AND VISAS
A valid passport is required, and must be valid for six months after the completion of your Cuba program. Non-U.S. citizens who are residents of the U.S. are eligible to travel on this program. Non-U.S. citizens who are not residents of the U.S. cannot reserve this Cuba program.
The cost of a Visa for Cuba for non-Cuban born participants is included in the program price. Information about the Visa will be sent to all participants, and the participants will receive the Visa in Miami, prior to departing for Cuba.
There is a supplement, currently $200 per person, for a Visa for Cuban-born participants. No Cuban-born person will be allowed to make a reservation if they have previously applied for a Cuban Visa and were rejected. If any Cuban born person knows of any reason why their Visa application may be rejected, it is strongly recommended that they not make a reservation, as they will be subject to full cancellation penalties if the Visa application is rejected and they are unable to travel on the program.
12. AIR ARRANGEMENTS
a) Grand Circle Foundation offers two choices for your air travel arrangements: Land Only and Standard Air as described below. If you make your own domestic flight arrangements in connection with either of these options, Grand Circle Foundation and its affiliates will not be responsible for any loss resulting from cancellations or changes in air itineraries including without limitation changes in gateways or travel dates or times. If you are unable to make your departure, it is your responsibility to work with the airline on which you are ticketed to reach your destination. Grand Circle Foundation and its affiliates are not responsible for any additional expenses you may incur prior to joining your trip. If an air schedule requires an overnight stay in a gateway city, the costs of the overnight stay (including hotel and meals) are at your expense. If you change your return reservation after departure for the trip, you may be charged a higher airfare or a penalty by the airline. If your new return reservation is made directly with the airline, it is your responsibility to pay any such additional airfare and/or penalty directly to the airline. If your new return reservation is made through Operator, then it is your responsibility to pay any such additional airfare and/or penalty to Operator.
b) Land Only: If you purchase the Land Only package, you will be responsible for making all domestic air travel to/from Miami. We recommend that you do not purchase tickets with high penalty charges for changes.
c) Standard Air: With this option, we will make the reservations for the U.S. domestic air arrangements that are included in your trip. Grand Circle Foundation has made arrangements to purchase your air tickets from Overseas Adventure Travel. We reserve the right to choose the air carrier routing, and city airport from each departure city. Changes to your departure city or tour date up to 65 days prior to departure will not incur any penalty fee. All other reservation changes or cancellations in connection with Standard Air are subject to the Reservation Changes terms and Cancellation and Refunds terms as outlined above.
d) For all air travel arrangements between Miami and Cuba, you will receive a final package approximately fifteen days prior to your departure date that will include your air information, and you will receive your air tickets at the airport.
e) Please note that your airline tickets and other trip documentation must bear your first and last names exactly as they appear on your passport. It is your responsibility to check your travel documents when you receive them to make sure they are correct. If they are not correct, please contact Grand Circle Foundation immediately. For all air travel arrangements made by Grand Circle Foundation, you will receive a final package approximately fifteen days prior to your departure date that will include your airline tickets.
Cuban government regulations require all travelers to Cuba to have travel medical insurance coverage during their stay. The following coverage is provided by the Cuban government and is included in the cost of your charter air tickets:
- Maximum of $20,000 to cover emergency medical costs incurred in Cuba. (Note: This does not cover any pre-existing conditions.)
- Maximum of $7,500 for emergency medical evacuation provided only if a Cuban doctor states that you need to be evacuated in order to receive adequate treatment.
Grand Circle Foundation and its affiliates are not responsible if an airline cancels or delays a flight, including your flights in and out of Miami and the flights in and out of Cuba for any reason (including weather). Grand Circle Foundation and its affiliates are not responsible for and will not provide any refund for portions of trips missed due to cancelled or delayed flights. Air routings are subject to availability. Routings are not guaranteed, and are subject to change at any time.
g) Frequent Flier Programs. Frequent flier programs are operated solely by the airlines. We are not responsible for any mileage accrual you fail to earn by traveling with us
13. MEDICAL ISSUES AND SPECIAL NEEDS
a) You are encouraged to report any disability requiring special attention to us at the time the reservation is made, including requiring the use of special equipment. We will make reasonable efforts to accommodate the special needs of tour. Such participants, however, should be aware that the Americans with Disabilities Act is inapplicable outside of the United States and facilities outside the United States for disabled individuals are limited.
b) The Cuba program is not wheelchair-accessible. If you are unable to travel without assistance, you must be accompanied by an able companion. If you have a condition which requires special equipment or treatment, you must bring and be responsible for all necessary items related to your condition. Grand Circle Foundation cannot accommodate motorized scooters of any kind. Grand Circle Foundation cannot accommodate women past their sixth month of pregnancy and cannot accommodate service animals.
c) If you are unable to travel without assistance, you must be accompanied by an able companion. It is strongly recommended that persons requiring assistance be accompanied by a companion who is capable of and is completely responsible for providing the assistance. Neither Company nor its personnel, nor its suppliers, may physically lift or assist passengers into transportation vehicles. If a traveler thinks he or she might need assistance during a trip, he or she should call us to determine what assistance might reasonably be given. The Company cannot provide special individual assistance to passengers with special needs for walking, dining or other routine activities or personal services.
d) If you have a condition that requires special equipment or treatment, you must bring and be responsible for all necessary items related to your condition.
e) If you have a condition as contemplated herein, you travel at your own risk. Operator is not liable for any injuries or damages you may suffer relating to such a condition, including without limitation loss of special equipment, lack of assistance with or accommodation of special needs, and unavailability of medical assistance or treatment.
14. PHOTOGRAPHS AND VIDEO
We reserve the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness. If you prefer that your image or likeness not be used, you must advise us in writing, no later than 30 days prior to your departure date.
Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, crew, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.
15. TIME LIMITATION; ARBITRATION; CHOICE OF FORUM AND LAW; CLASS ACTION WAIVER
a) Time Limits for Legal Action: Any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Passenger Contract or your tour against Company must be commenced within one (1) year from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.
b) Agreement to Arbitrate; Forum: You agree that any claim or dispute whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Passenger Contract or your tour against Company, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered by the American Arbitration Association (“AAA”) using one mutually selected arbitrator according to the then existing rules of the AAA. The arbitration shall be held in Boston, Massachusetts to the exclusion of any other forum, and you consent to jurisdiction and waive any objections to arbitration proceeding in Boston, Massachusetts. You agree that the costs of the arbitration shall be split between the parties The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of this Passenger Contract is void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in Boston, Massachusetts. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then, the provisions of subsection (c) below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.
NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
You and we further agree to permit the taking of a deposition under oath of the passenger asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.
c) FORUM FOR ALL OTHER CLAIMS: ANY AND ALL CLAIMS OR DISPUTES RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS PASSENGER CONTRACT OR YOUR TOUR AGAINST COMPANY AND NOT SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE COURTS OF THE COMMONWEALTH OF MASSACHUSETTS, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE AND COUNTRY. ANY AND ALL CLAIMS OR DISPUTES RELATING TO, ARISING OUT OF OR CONNECTED WITH YOUR TOUR AGAINST A SUPPLIER SHALL BE BROUGHT, IF AT ALL, WHEREVER SUCH ENTITIES MAY BE PROPERLY SUBJECT TO JURISDICTION.
d) Choice of Law: Any claim or dispute relating to, arising out of or connected with your tour and provision of services, whether subject to arbitration or otherwise, shall be governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles.
e) WAIVER OF CLASS ACTION: THIS PASSENGER CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY YOU INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE TO WAIVE ANY LAW ENTITLING YOU TO PARTICIPATE IN A CLASS ACTION. IF YOUR CLAIM IS SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. YOU AGREE THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SUBSECTION (b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.
16. SPECIAL CONDITIONS
This Cuba program will operate based on the Specific License granted by the Office of Foreign Assets Control (OFAC), Department of Treasury. This is a structured program. Participants are required to attend each visit and event as detailed. Failure to comply with the structured program may be reported to U.S. officials.
We caution that although Cuba is a very special destination, we urge each participant to respect the laws and customs of this nation as the U. S. government does not maintain full diplomatic relations with Cuba. Grand Circle Foundation will assume no responsibility and will not be held liable due to inappropriate actions or activities of any participant while in Cuba.
17. MODIFICATION; TRANSFERABILITY; SEPARABILITY
No person, other than one of our authorized representatives by a document in writing is authorized to modify, add or waive any term set forth in this Passenger Contract.
This Passenger Contract and the corresponding reservation cannot be sold, assigned or transferred by you.
Any provision of this Passenger Contract that is invalid, illegal, or unenforceable will be ineffective only to the extent of such invalidity, illegality or unenforceability and, except as provided in Sections 15(d) and 15(e) above with regard to the arbitration clause and class action waiver, shall be severed from this contract without affecting in any way the remaining provisions of this contract which shall remain in full force and effect.