Terms and conditions

February 2, 2025 Last edition

1. General Information and Contact Details

Website Owner: Shayan Khani Reyes
Website: www.varaderoparadise.com
Contact Email: [email protected]

This document establishes the terms and conditions governing the use of the website www.varaderoparadise.com (hereinafter, the “Website”) and the contracting of services offered through it (hereinafter, the “Services”).

2. Acceptance of the Terms and Conditions

By accessing, browsing, or using the Website, and by contracting any of the Services offered, the user (hereinafter, the “User”) acknowledges having read, understood, and accepted these Terms and Conditions in their entirety, as well as the Legal Notice, Privacy Policy, and Cookie Policy of Varaderoparadise, which are incorporated by reference into these Terms and Conditions. If the User does not agree with any part of these documents, they must not use the Website or contract the Services.

Varaderoparadise reserves the right to modify these Terms and Conditions at any time. Modifications will be published on the Website, and it is the User’s responsibility to review them periodically. The applicable Terms and Conditions will be those in effect at the time of contracting the Services.

3. Description of the Services

Varaderoparadise is an online platform that offers the following services related to tourism in Cuba, including but not limited to:

Property Rentals: Facilitation of rentals for various types of properties in Cuba, including houses, apartments, villas, and rooms. Varaderoparadise acts as an intermediary between property owners and Users interested in renting them. The availability and specific characteristics of each property are detailed in the corresponding description on the Website.
Services: Translator, tour guide, personal driver, bodyguard, masseuse, among others.

The detailed description of each Service, including its features, prices, availability, and specific conditions, can be found in the corresponding sections of the Website.

4. Service Contracting Process

To contract a Service through the Website, the User must follow these steps:

Service Selection: Choose the desired Service and, if applicable, specify relevant details (dates, number of people, language, etc.).
Availability and Price Verification: Check the availability of the Service and the total price, including applicable taxes and fees.
Add to Cart: Add the selected Service to the shopping cart.
Order Review: Carefully review the selected Services, prices, dates, and other information before confirming the purchase. At this stage, the User can modify or cancel their order.
User Identification (Registration or Guest Access): Log in as a registered User or proceed as a guest, providing the necessary information for contracting and billing.
Payment Method Selection: Choose from the available payment methods (credit/debit card, TropiPay, etc.).
Payment and Confirmation: Complete the secure payment through the payment gateway. Once the payment is confirmed, the User will receive an order confirmation via email, including a summary of the contracted Services and the corresponding electronic invoice.

By completing the purchase process, the User declares that all provided information is truthful and accurate and that they have the legal capacity to contract the Services.

5. Prices and Payments

Currency: All prices are displayed in US dollars ($), unless otherwise indicated.
Taxes: Prices do not include applicable taxes unless specified otherwise. If a different tax applies, it will be clearly indicated during the purchase process.
Additional Costs: Any additional costs, such as service charges, cleaning fees, or deposits (if applicable), will be clearly communicated before payment confirmation.
Payment Methods: The following payment methods are accepted: Credit or debit card (Visa, Mastercard, etc.), TropiPay.
Payment Security: Varaderoparadise uses secure payment platforms to ensure the confidentiality and security of the User’s banking information.
Price Changes: Varaderoparadise reserves the right to modify Service prices at any time, but changes will not affect already confirmed orders.

6. Service Availability

The contracting of Services is subject to their availability. Varaderoparadise strives to keep availability information updated on the Website. However, if a Service is unavailable after contracting, Varaderoparadise will contact the User as soon as possible to offer a similar alternative or proceed with a refund of the amount paid.

7. Cancellations, Modifications, and Refunds

The cancellation, modification, and refund policy varies depending on the type of Service contracted. Specific conditions for each type of Service will be detailed in the Service description and/or order confirmation.

In general, the following conditions apply:

User Cancellation: For more information, please refer to the refund policy page.
User Modification: Modifications (dates, number of people, etc.) are allowed, subject to availability and possible additional charges; modifications are not guaranteed within 2 days of the service date.
Cancellation or Modification by Varaderoparadise: In exceptional circumstances (e.g., force majeure, property issues, guide unavailability), Varaderoparadise may cancel or modify a contracted Service. In such cases, the User will be offered a similar alternative or a full refund of the amount paid.
Refund Process: Refunds, when applicable, will be processed through the same payment method used by the User within a reasonable period, 7 business days. For more information, please refer to the refund policy page.

It is the User’s responsibility to carefully review the specific cancellation and modification policy for each Service before contracting.

8. User Obligations and Responsibilities

The User agrees to:

Use the Website and contract the Services in accordance with the law, these Terms and Conditions, morality, good customs, and public order.
Be at least 18 years old and have the legal capacity to contract the Services.
Provide truthful, accurate, and complete information during the contracting process.
Make appropriate use of the contracted Services, following the instructions of Varaderoparadise and the service providers (e.g., property owners, tour guides).
Respect the rules of coexistence, local laws, and regulations during their stay and enjoyment of the Services in Cuba.
Notify Varaderoparadise of any incidents or claims related to the contracted Services as soon as possible.
Pay the total price of the contracted Services within the established terms and methods.
Be responsible for obtaining the necessary documentation to travel to Cuba (visa, passport, etc.) and comply with applicable immigration regulations.
Take care of the rented property and leave it in the same condition as it was handed over (except for normal wear and tear); respect the property and neighborhood rules; report any damage or defects in the property during the stay.

9. Limitation of Liability of Varaderoparadise

Varaderoparadise acts as an intermediary between Users and Service providers (property owners, tour guides, translators, etc.). In this sense, Varaderoparadise’s liability is limited to intermediation and the management of Service contracting.

Varaderoparadise will not be responsible for:

The quality, safety, or suitability of the Services provided directly by the providers. The responsibility for the proper provision of the services lies exclusively with the providers.
The truthfulness, accuracy, or completeness of the information provided by the providers on the Website (e.g., property descriptions, tour guide profiles). Varaderoparadise strives to verify the information but cannot guarantee its total accuracy.
Damages, losses, or harm that Users may suffer as a result of using the Services, including but not limited to personal injuries, property damage, economic losses, or business interruption, unless directly attributable to gross negligence or willful misconduct by Varaderoparadise.
Delays, cancellations, or modifications of the Services due to force majeure, including but not limited to natural disasters, political events, pandemics, government restrictions, provider issues, etc.
The behavior or actions of Users or providers during the provision of the Services.
Links to third-party websites that may be included on the Website. Varaderoparadise does not control or is responsible for the content, privacy policy, or practices of third-party websites.
Technical issues on the Website or service interruptions, although Varaderoparadise will strive to keep the Website available and functional.

10. Intellectual and Industrial Property

All content on the Website (texts, images, logos, designs, software, etc.) is the exclusive property of Varaderoparadise or its licensors and is protected by intellectual and industrial property laws.

The reproduction, distribution, public communication, transformation, or any other form of exploitation of the Website’s content is expressly prohibited without the prior written authorization of Varaderoparadise.

The User agrees to respect Varaderoparadise’s intellectual and industrial property rights.

11. Personal Data Protection

Varaderoparadise will process Users’ personal data in accordance with its Privacy Policy, which complies with the General Data Protection Regulation (GDPR) and other applicable data protection laws. The User is advised to read the Privacy Policy carefully before using the Website and contracting the Services.

12. Communications

Communications between Varaderoparadise and the User will preferably be made through electronic means (email or notifications on the Website). The User expressly consents to receive electronic communications from Varaderoparadise for Service management and for informational and promotional purposes, in accordance with the Privacy Policy.

The User may contact Varaderoparadise via email at [email protected] or through the contact forms available on the Website.

13. Applicable Law and Jurisdiction

These Terms and Conditions are governed by the laws in force in the Republic of Cuba, without prejudice to the rules of international private law that may apply.

Any dispute or claim arising from these Terms and Conditions or the Services provided will be resolved by the competent courts and tribunals of the Republic of Cuba. However, the parties reserve the right to resort to other alternative dispute resolution mechanisms, such as mediation or arbitration, by mutual agreement.

Users accessing the Services from outside Cuba agree that, by using the Services, they submit to Cuban jurisdiction and expressly waive any other jurisdiction that may apply to them.

14. Partial Nullity

If any clause of these Terms and Conditions is declared null or inapplicable by a competent authority, the remaining clauses will remain valid and applicable to the extent permitted by law.

15. Complete Agreement

These Terms and Conditions, together with the Privacy Policy and Cookie Policy, constitute the complete agreement between Varaderoparadise and the User regarding the use of the Website and the contracting of the Services, and they replace any previous agreement or communication, whether oral or written.

16. Complaints and Claims

The User may direct their complaints and claims to Varaderoparadise through the contact details provided in section 1 (General Information and Contact Details). Varaderoparadise is committed to addressing and resolving User complaints and claims as soon as possible.

17. Subscription Policy (Newsletter)

Free Subscription: Varaderoparadise offers a free subscription to its newsletter, through which users receive information about offers, news, new services, and travel tips related to Varadero and Cuba.
Subscription Benefits: Subscribers will receive:
- Exclusive offers on accommodations, activities, and other services.
- Relevant news and updates about Varadero and Cuba.
- Information about new services available on Varaderoparadise.
Duration and Cancellation: The subscription is voluntary, free, and indefinite. Users can cancel their subscription at any time through the unsubscribe link included in each email received.
Personal Data Handling: By subscribing, the User authorizes Varaderoparadise to collect and process their email address for the purpose of sending informational and promotional communications. Data processing is carried out through the Mailchimp platform, which complies with international data protection standards.
To automate the sending process, Varaderoparadise shares email addresses with third parties responsible for technical management. These third parties are obligated to ensure the confidentiality and security of the data.
Changes to the Subscription Policy: Any changes to this policy will be notified to subscribers via email.