Terms and Conditions

PLEASE READ THESE USER TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES

Traveller Terms of Use
Transportation Terms

Important

Relationship. We are a disclosed agent of Transtur, TaxiCuba, and other Cuban transportation providers. We introduce You to those providers, and Your Ride is provided by them in accordance with these Terms.
Check Your details. Please double-check all the details in Your Journey confirmation.
Turn on Your phone. Make sure Your phone is on before the Pickup Time so You can be contacted.
Allow enough time. Make sure You leave enough time to get to Your Drop Off Location. Estimated Ride times do not take into account traffic conditions and other unforeseen circumstances, such as when You need to check in for Your Primary Journey.
Running late? The Driver will wait! Your Journey includes waiting time. Please refer to Your Journey confirmation for details of Your allocated waiting time.
Rate Us. Your feedback helps Us deliver an even better service.

Definitions

In these Transport Terms, capitalized words, phrases and acronyms shall have the meaning given to them below. Capitalized words, phrases and acronyms used in these Transport Terms that are not defined below shall have their ordinary meaning.

“Driver” – the person executing the Ride, employed by or operating on behalf of Transtur, TaxiCuba, or another Cuban transportation provider.
“Drop Off Location” – the final destination where the Ride will come to an end, as specified in the Journey.
“Journey” – a reservation for Transportation Services.
“Pickup Location” – the location at which the Traveller is due to meet the Driver at the Pickup Time in order to start the Ride, as specified in the Journey.
“Pickup Time” – the date and time at which the Traveller is due to meet the Driver at the Pickup Location in order to start the Ride, as specified in the Journey.
“Platform(s)” – the CubaDriver.com technology connecting You with Transtur, TaxiCuba, or another Cuban transportation provider and/or Driver.
“Primary Journey” – the main part of the trip, being by land, air or water, preceding or succeeding a Ride.
“Ride” – the transfer from the Pickup Location to the Drop Off Location.
“Services” – the services that We provide to You, including introducing You to Transtur, TaxiCuba, or other Cuban transportation providers, the provision and maintenance of the Platform, Traveller support, communication between You, the transportation provider and the Driver, and payment services.
“CubaDriver”, also referred to as “We”, “Us” or “Our” – CubaDriver.com B.V., registered at the Chamber of Commerce in the Netherlands under number 68147635, with its registered address at Amsteldijk 216, 1079 LK Amsterdam. VAT number: NL853998128B01.
“Terms” – these Transportation Terms and the Traveller Terms of Use.
“TR3” – the independent third-party transportation companies that provide the Transportation Services.
“Transportation Services” – the transportation services that TR3 providers provide in their own name to You and the Travellers.
“Transport Terms” – these terms and conditions that govern the provision of the Transportation Services.
“Travellers” – the person or persons who actually make use of the Ride.
“Traveller Terms of Use” – the terms and conditions that govern the provision of the Services.
“Vehicle” – the vehicles used by the TR3 providers in providing the Transportation Services.

2. Contractual relationship between You and Us

2.1 In respect of the Services, the Traveller Terms of Use apply.

2.2 In respect of the Transportation Services, when You make a Journey, You enter into a separate contract between You and the relevant TR3 provider. These Transport Terms are applicable to that contract between You and Transtur, TaxiCuba, or another relevant Cuban transportation provider.

2.3 We may change these Transportation Terms from time to time, and You are advised to check Our website and Platform regularly to consider any changes to the Terms which apply to You and/or any Traveller. We may also email Our updated Transportation Terms to You. Your continued use of the Transportation Services after such change constitutes Your agreement to be bound by these Transportation Terms, as amended.

3. What We will do

3.1 We will provide the relevant TR3 provider with details of the Journey, including Your contact details and Pickup and Drop Off Locations.

3.2 For Transportation Services, We will provide You with the contact details of the relevant TR3 provider and, where possible, the Driver prior to Your Pickup Time.

3.3 When You book Transportation Services, We will endeavor to ensure that the relevant TR3 provider allocates the Vehicle category requested in the Journey. However, We are unable to guarantee the make and model. If a Vehicle of a lower category, for which a lower rate applies, is provided, We will refund You the difference.

3.4 When You book a shared shuttle, the shuttle may pick up and/or drop off other passengers at different destinations, so there may be additional stops along the way to Your Drop Off Location. You should also re-confirm Your Pickup Time, as the shuttle operates on a fixed schedule. To confirm the correct Pickup Time, please check 24 hours before the Pickup Time by contacting the relevant TR3 provider or Driver using the contact details provided in Your Journey Confirmation.

4. What You need to do

4.1 Comply with laws and be respectful. You must comply with all applicable laws and must not use the Transportation Services for unlawful purposes, including trafficking or transporting illegal substances. You agree to cooperate with Us and provide relevant information that We reasonably request in respect of Our anti-fraud and anti-money laundering checks.

You must be respectful to the Driver at all times and must not cause any nuisance, property damage or otherwise behave inappropriately toward the Driver, the relevant TR3 provider or its personnel. You must not contact the Driver or the relevant TR3 provider for purposes other than the Transportation Service.

4.2 Check Your details. For Transportation Services, You must ensure that You have provided Us with full and accurate details for Your Journey, including, but not limited to, accurate timings for the Pickup Time using the local time, Pickup Location, Drop Off Location and, where applicable, numbers and times relating to Your Primary Journey, such as flight numbers. You should check that the Journey details specified in Your Journey Confirmation are complete and accurate.

4.3 Be on time. For Transportation Services, You must ensure that the Travellers are at the Pickup Location at the Pickup Time.

In the event of a change in Your Primary Journey that is beyond Your control, provided You have notified Us with details of Your Primary Journey at least 24 hours before the Pickup Time, the relevant TR3 provider will adjust the Pickup Time to factor in any changes.

In case You foresee a delay of more than one hour, or if You cannot find Your Driver at the Pickup Location, You should contact the Driver. If You cannot reach the Driver, please contact Our customer service team.

In the event Your flight is cancelled or diverted, the relevant TR3 provider may not be able to honor Your Journey. In these circumstances, please contact Our customer service team.

4.4 Provide contact information. You must provide Us with valid and up-to-date contact information to enable Us and/or the relevant TR3 provider or its Driver(s) to contact You if necessary and provide You with information regarding Your Journey.

4.5 Age restriction. You warrant and represent that You are 18 years or older and that any Travellers under the age of 18 are accompanied by a responsible adult.

4.6 Fit for travel. The relevant TR3 provider, whether through a Driver or other TR3 personnel, acting reasonably, reserves the right to refuse the Transportation Services to any person who is considered unfit to travel, abusive, intoxicated, underage, or if the carriage of any such Travellers and/or luggage could cause the Driver or TR3 provider to breach any applicable laws, traffic and/or road safety regulations, or may damage the Vehicle.

We will not be liable for the completion of any travel arrangements, nor for any refund, compensation or any other costs whatsoever that You and/or any of the Travellers may incur in such circumstances.

4.7 Select the appropriate Vehicle category and extras.

4.7.1 When using the Transportation Services, You must choose the appropriate Vehicle category for Your needs. When choosing Your Vehicle category, You should consider the number of Travellers travelling in the Vehicle and the amount of luggage space required and check that the Vehicle meets Your needs, especially when traveling with strollers, pets, additional luggage or oversized luggage.

4.7.2 Child and baby seats will be provided by the relevant TR3 provider if confirmed in the Journey Confirmation.

4.8 You are responsible for all Travellers complying with these Terms. You are responsible for ensuring that the Travellers comply with all provisions of the Terms where necessary or required to enable You to comply with the Terms, and You shall be liable for all acts and omissions of the Travellers.

4.9 Platform Content. All information on the Platform is provided to the best of Our knowledge, but We cannot guarantee that it is 100% accurate. The images displayed on Our Platforms are for illustrative purposes only. It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on Our Platforms.

5. Price and payment

5.1 You understand that using the Services may result in charges for Transportation Services (hereafter “Charges”). We will facilitate Your payment of the applicable Charges on behalf of the relevant TR3 provider as its disclosed payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by You to the relevant TR3 provider.

Charges will include applicable taxes where required by law. Charges paid by You are final and non-refundable, unless stated otherwise in these Terms.

5.2 All Charges are due immediately upon making a Journey, and payment will be facilitated as soon as practicable using the preferred payment method designated by You, after which We will send You a receipt by email.

If Your primary payment method is determined to be expired, invalid or otherwise unable to be charged, You agree that We may, as the relevant TR3 provider’s disclosed payment collection agent, use a secondary payment method, if available.

5.3 This payment structure is intended to fully compensate the relevant TR3 provider for the Transportation Services provided. We do not designate any portion of Your payment as a tip or gratuity to the TR3 provider or Driver.

You understand and agree that, while You are free to provide additional payment as a gratuity to any Driver, You are under no obligation to do so. Gratuities are voluntary.

5.4 You and/or the Travellers may be charged if changes are made to Your Journey during the Ride. Such charges will be due immediately to the relevant TR3 provider or Driver.

The relevant TR3 provider and/or Driver may decline any unreasonable requests to amend the Journey, and neither We nor the relevant TR3 provider shall have any liability to You if You make changes to the Ride that are not acceptable to the Driver and/or relevant TR3 provider.

5.5 We are currently unable to provide You with a valid VAT invoice.

6. Repair and cleaning charges

6.1 You are responsible for the cost of repair for any damage to, or necessary cleaning of, Vehicles and third-party property resulting from Your use of the Transportation Services in excess of normal “wear and tear” and reasonable cleaning.

We or the relevant TR3 provider will contact You for payment of such costs, and We may facilitate any payments to the relevant TR3 provider.

7. Amendments to the Journey

7.1 Your Driver will consider the requested Pickup Time in relation to Your Primary Journey, such as Your flight number, as provided in the Journey.

The local average time required to proceed from the place of arrival, such as the gate, to the Pickup Location, including collecting checked-in luggage and passing through customs, will be added to the initial planned arrival time of the Primary Journey, with a maximum of 60 minutes.

You may request the Driver to wait beyond those times. In such an event, a waiting fee might be charged by the Driver.

Your Driver will monitor the arrival time of Your Primary Journey. If the scheduled arrival time of the Primary Journey does not match the Pickup Time, the Driver will use the scheduled arrival time of the Primary Journey as the leading factor.

7.2 If any Traveller wishes to change the Pickup Location or Drop Off Location, date, time or Vehicle category, You must amend Your Journey prior to the time specified by Us in the Journey process or in the Journey Confirmation.

You may be charged a cancellation fee depending on how far in advance You cancel the Journey.

7.3 Occasionally, it may be necessary for changes to be made to the Journey after confirmation. In all such cases, We will advise You as soon as reasonably possible.

If the proposed changes are unacceptable, You may cancel the Journey without incurring any cancellation fee. However, You shall not be entitled to cancel the Journey if the changes relate to the identity of the Driver, the relevant TR3 provider, or the Vehicle where a similar make and model is provided. We are entitled to make such changes at any time prior to the Pickup Time.

In any case, We shall have no liability in respect of any direct or indirect losses You may suffer as a result of such changes or cancellation.

8. Cancellation

8.1 You may cancel a Journey free of charge via the Platform until the time prior to the Pickup Time specified by Us in the Journey Confirmation. If no such time is specified in the Journey Confirmation, this will be 24 hours prior to the Pickup Time.

8.2 If You cancel a Journey later than the applicable time referred to above, the Journey will be charged in full regardless of whether the Ride has been made.

8.3 In case of a delay of Your Primary Journey of more than one hour, the Driver may cancel the Journey or charge for the additional waiting time.

8.4 We have the right to cancel the Journey or terminate these Terms or the Services upon limited or immediate notice in any circumstances, including but not limited to:

8.4.1 The insolvency of the Driver, the relevant TR3 provider, or any other issue with the TR3, including Vehicles and Drivers, which means that Your Journey cannot be fulfilled.
In circumstances where We cancel due to issues related to the Driver or the relevant TR3 provider, We will use Our reasonable endeavors to arrange alternative transportation where possible.
For Transportation Services where We notify You of cancellation of the Journey 48 hours or less before the Pickup Time, You will receive a return of all monies already paid by You in respect of the Journey.
8.4.2 Your breach of these Terms.

9. Limitation of liability

9.1 Our liability to You and Travellers in relation to the Services is as set out in Our Traveller Terms of Use.

You acknowledge and agree that each Journey is made between You and the relevant TR3 provider and that We will have no liability whatsoever in respect of any costs, expenses, liabilities, including any liabilities for taxes, injuries, direct, indirect and consequential loss, damages, claims, demands, proceedings and/or legal costs incurred or suffered by You or the Traveller under or in connection with any Journey, Ride and/or Transportation Services.

9.2 Subject to clause 9.4, the relevant TR3 provider shall not be liable to You or any Traveller, whether in contract, tort, including negligence, breach of applicable law or otherwise, for any indirect losses of whatever nature, whether or not they arise out of any other loss or damage suffered by You or any Traveller.

Furthermore, the relevant TR3 provider shall not be liable for any loss of profits, loss of opportunity, loss of goodwill or consequential losses, damages or costs.

9.3 Any liability resulting from the provision of the Transportation Services by the relevant TR3 provider and/or the Driver shall be the sole responsibility of the relevant TR3 provider.

Subject to clause 9.4, the aggregate limit of the relevant TR3 provider’s liability to You and any Travellers, however arising under the Terms or in respect of a Journey or Ride, shall in no circumstances exceed the Charges paid for the Journey.

9.4 Nothing in these Terms excludes or limits liability for (i) death or personal injury caused by the negligence of the liable party, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.

9.5 Except as expressly stated in these Terms, no representations, warranties or undertakings are given in relation to the Services or Transportation Services.

Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, no responsibility is accepted for ensuring that the Services and Transportation Services are suitable for Your purposes, which remains solely Your responsibility.

10. Refund Policy

10.1 You acknowledge and accept that, in the event of a failed Ride due to any of the following circumstances, You will not be entitled to a refund:

10.1.1 Incorrect Pickup Location, Ride details, such as the number of Travellers or appropriate Vehicle category for the number of Travellers and luggage, Primary Journey details, or contact details provided by You.
10.1.2 The Driver or the relevant TR3 provider being unable to contact You for any reason.
10.1.3 The Travellers failing to be at the Pickup Location at the Pickup Time or before the end of the applicable waiting time.
10.1.4 The Travellers requesting unreasonable amendments to the Pickup Time or the Ride.
10.1.5 You and/or the Travellers failing to comply with clause 5.1 above.
10.1.6 Any other cause attributable to You or the Travellers.

In these circumstances, neither We nor the Driver nor the relevant TR3 provider shall have any liability whatsoever to You or any Traveller in respect of the failed Ride or the Journey.

10.2 If the Driver is not at the Pickup Location at the Pickup Time, or such other time as agreed between You and the Driver, other than as a result of circumstances beyond Our or their reasonable control, and provided You have complied with these Terms, You may apply for a refund.

We will duly investigate Your refund claim, and You agree to cooperate with Us during Our investigation. If Your refund claim is accepted, Your refund will be processed as soon as reasonably possible.

Due to traffic or delays during a previous transport, it can happen that the Driver is slightly delayed. In such cases, the Driver will notify You. On behalf of the relevant TR3 provider, We ask for Your patience for a maximum of 15 minutes from the Pickup Time.

10.3 You must apply for a refund within 14 days of the Pickup Time. We may, but are not obliged to, process any refund claims made after 14 days of the Pickup Time.

11. What if something goes wrong?

11.1 Our customer service team works around the clock to answer any questions or concerns You may have. If You are unhappy with any part of Your Ride, please let Us know.

You can find ways to get in touch using the “Contact Us” or “Help” details in these Transport Terms, on the Platform and in the Journey Confirmation.

11.2 So We can get to the bottom of the issue, We will need Your Journey code, contact details and a full account of what happened. We try to resolve issues as quickly as possible, but any supporting evidence You can provide will help to speed up Our investigation.

11.3 We aim to resolve disputes amicably. If that does not work, and to the extent permitted by applicable law, any dispute resolution will be governed by Dutch law under the jurisdiction of the competent courts of Amsterdam, the Netherlands.

12. General

12.1 Force Majeure. Neither We nor the relevant TR3 provider shall be liable for any default or delay in the performance of the Transportation Services if and to the extent that the default or delay is caused directly or indirectly by fire, flood, elements of nature, acts of war, terrorism or civil unrest, governmental actions and/or restrictions, strikes or labor shortages, epidemic or pandemic, or any other cause beyond the reasonable control of Us and/or the relevant TR3 provider.

In such an event, We shall notify You as soon as possible.

12.2 Fraud. In certain circumstances, where We have been made aware of, or have reasonable grounds to suspect, that the Transportation Services were purchased pursuant to fraudulent or illegal activities, We may cancel a pending or confirmed Journey.

Where a Journey is cancelled, We will refund any Charges paid by You. Where We cancel a Journey in accordance with this clause, We may notify You of the reason for such cancellation, unless such notification would (a) prevent or obstruct the detection or prevention of fraud or other illegal activities, or (b) contravene applicable laws.

If You believe We have incorrectly cancelled Your Journey, You can contact Our customer service team.

12.3 For the avoidance of doubt, nothing contained in the Terms shall entitle any third party other than the relevant TR3 provider to any benefit or rights pursuant to applicable law.

13. Contact Us

13.1 If You have any questions about the Services, please feel free to contact Us. Please note that all correspondence will be sent to the email address given by You during the Journey process, even where a third party actually pays for the Services.

13.2 For customer service and inquiries about Your Journey, please contact Our customer service team via Our support button.