Why do we ask you to release us from liability?
By participating in any tour with us, or hiring us for any service, you agree that you will not hold us responsible for any accident, theft or negligence by us 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 so many aspects of the environment we can not control.
Traveling to Cuba means you will be in a country under a communist government. This has restrictions and life here can be incredibly challenging. Sometimes there are short-falls of basic products, including but not limited to water/food stuffs/petrol/flushing toilets/running water etc. Whilst we endeavour to always have reserve access to basic things, you agree that you will not hold us responsible for any lack of 1st world product that you might be used to at home.
We take as many precautions as we 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. You are coming here from your own free will and accept the hazards. We ask you to think of your trip with us as an ‘adventure’ rather than a ‘tour’, accepting the risks & cultural differences that this brings.
We strongly recommend to do your research on Cuba before traveling 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 us you acknowledge and agree to the following statement:
I have voluntarily consented to participate in a tour, and the other outdoor activities (the “Activities”) guided or arranged by The Viñales Experience 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.