General Terms and Conditions of Contract and Travel of GATE AG

Thank you for the trust and interest you have placed in us. We recommend that you carefully read the following “General Terms and Conditions of Contract and Travel” (hereinafter referred to as GTCT). These GTCT apply to GREEN ALLIGATOR Travel & Events AG (hereinafter referred to as GATE):

1. Subject of the Contract

GATE organizes trips for you. We undertake to organize your trip from start to finish according to the data and descriptions in GATE brochures and other GATE publications, to provide you with the agreed accommodation, and to perform all other services offered with your chosen travel arrangement. In all other cases, GATE acts merely as an agent for third-party services. Special requests: Your booking office may only accept special requests if they are designated as non-binding. Please note that, as a rule, our services apply from the airport in Cuba. We refer you to the respective travel programs. Timely arrival at the place of departure is therefore your responsibility.

2. Conclusion of Contract and Special Transport Provisions

2.1 Conclusion of Contract

The contract between you and GATE is formed upon receipt of your written booking. From that point on, the rights and obligations under the contract become effective for you and GATE. If you register further travel participants, you are liable for their contractual obligations (in particular for the payment of the travel price) as for your own.

2.2 Intermediary

For travel arrangements or individual services provided by other tour operators or service providers that are merely arranged by GATE on your behalf, their own terms and conditions of contract and travel apply. Similarly, the terms and conditions of the respective airlines apply to all airline tickets arranged by GATE. In such cases, GATE is not a party to the contract, and you therefore cannot invoke these GCTC

2.3 Passport, Visa, and Health Regulations

Travelers are responsible for complying with the respective entry, passport, visa, customs, and health regulations. GATE is not liable for entry refusals.

2.4 Minors

Travelers under 18 years of age are responsible for their own entry requirements and are strongly advised to carry a parental consent form.

2.5 Pets

The transport of pets is subject to different regulations depending on the carrier. For more information, please contact your booking office. However, as the pet owner, you are personally responsible for obtaining the necessary documents, health certificates, etc., as well as for renting or purchasing the carriers.

3. Prices and payment terms

3.1 Prices

The prices for travel services are based on GATE publications. Other publications (e.g., hotel brochures and other informational materials not produced by us), service providers’ websites, or direct inquiries to service providers are not part of the travel contract, and we are not liable for the information contained therein. Prices are quoted (unless otherwise specified) per person in USD. The specific payment terms mentioned (in the travel arrangement quote) must be strictly observed.

3.1.1 Payment Terms Individual Travelers FITs

Travel arrangements must be paid for as follows prior to departure:
Deposit: Upon final booking, a deposit of 30% of the agreed-upon package price, with a minimum of 300 USD, is required. For bookings made less than 30 days prior to departure, scheduled flight tickets/e-tickets, admission tickets, services subject to 100% cancellation fees, and bookings requiring travel documents to be issued immediately, the full invoice amount must be paid upon final confirmation of the booking.

Final payment: The final payment is due 30 days prior to departure. Travel documents will be handed over to you or sent to you upon receipt of payment in full. The aforementioned payment deadlines are due dates. Upon expiration of the payment deadlines, you will be in default without further notice. GATE is entitled to withdraw from the contract without setting a further deadline. Furthermore, GATE may refuse to provide travel services or withhold the travel documents. GATE expressly reserves the right to assert further claims for damages. A surcharge may be applied for payments made by debit or credit card, factoring, or installment plans. The respective general terms and conditions of the collection agencies apply.

3.1.2 Payment Terms Groups

Travel arrangements must be paid for as follows prior to departure:
Deposit: Upon final booking, a deposit of 10% of the agreed package price, with a minimum of 300 USD, is due. A further deposit of 20% of the total price is due 60 days prior to arrival. For bookings made less than 30 days prior to departure, scheduled flight tickets/e-tickets, admission tickets, services subject to 100% cancellation fees, and bookings requiring travel documents to be issued immediately, the full invoice amount must be paid upon final confirmation of the booking.

Final payment: The final payment is due 30 days prior to departure. The travel documents will be handed over to you or sent to you upon receipt of your payment for the full invoice amount. The aforementioned payment deadlines are due dates. Upon expiration of the payment deadlines, you will be in default without further notice. GATE is entitled to withdraw from the contract without setting a further deadline. Furthermore, GATE may refuse to provide travel services or withhold the travel documents. GATE expressly reserves the right to assert further claims for damages. A surcharge may be applied for payments made by debit or credit card, factoring, or installment plans. The respective general terms and conditions of the collection agencies apply.

3.2 Price Changes

There are instances in which the prices listed in GATE’s publications must be increased for specific reasons, such as:

• Subsequent price increases by transportation companies (e.g., fuel surcharges)
• Newly introduced or increased government levies, taxes (e.g., value-added tax), or fees (e.g., increased airport taxes)
• Exchange rate fluctuations
• Extraordinary price increases by service providers (e.g., hotels)
• Errors in the publications that can be plausibly explained.

If GATE is required to increase prices for the reasons listed above, it will do so no later than 20 days before the agreed travel date. If the price increase exceeds 10% of the advertised and confirmed package price, you have the right to cancel the contract free of charge within 5 days of receiving notification. In this case, GATE will refund all payments you have already made within 30 days. Upon request, however, you may also book another travel arrangement offered by GATE. GATE will endeavor to accommodate your wishes as much as possible and will apply the payments you have already made toward the price without any deductions.

3.3 Validity of prices

The prices listed in GATE’s publications are cash prices and become invalid for new bookings upon the release of a new edition. The prices valid at the time of booking shall apply.

4. Cancellation/Change of trip

4.1 Notification

If you are unable to travel, you must notify GATE in writing, stating the reason. The date we or your booking agent receives your cancellation notice will determine the calculation of cancellation fees. The letter must be accompanied by your travel documents, if you already have them. GATE is governed by the Ministry of Foreign Affairs of Switzerland (EDA by its initials in German and/or the Ministry of Health (BAG by its initials in German) travel instructions. If these federal agencies advise against travel to Cuba prior to your trip, you may change your booking free of charge during a specified period. In such cases, processing fees in accordance with Section 4.2, insurance premiums, and any visa fees may apply. Unless the EDA or BAG expressly advises against travel to Cuba, the following conditions under Section 4.3 apply.

4.2 Change fees

For flight rebooking, we reserve the right to charge a processing fee of $50 per booked passenger, up to a maximum of $100 per request, in addition to any additional costs incurred. Depending on the fare, airlines have strict conditions regarding changes, rebooking, etc., both before and after the issuance of tickets/e-tickets. Any fees of this nature will be billed to you in addition to the processing fee.

4.2.2 Cancellation processing fees

If you cancel your booked trip in whole or in part, regardless of the timing, we will charge a processing fee of USD 50 per person booked, up to a maximum of USD 300 per booking, plus any applicable cancellation fees. This processing fee does not apply to cancellations that incur 100% cancellation fees. Subsequent cancellation and reimbursement of cancellation insurance, including assistance or additional return travel insurance, are not possible. Please note that the processing fees are not covered by insurance. These fees must be paid by you in all cases.

4.3 Cancellation/Change fees

4.3.1 Fees

If you cancel the booking or travel dates less than 61 days before departure, we will charge the following fees as a percentage of the total package price (including airport taxes, etc.), in addition to processing fees and booking fees:

• 60–31 days before arrival: 30%
• 30–15 days before arrival: 50%
• 14–7 days before arrival: 75%
• 6–0 days before arrival: 100%

4.3.2 Individual cancellations for groups

Free of charge up to 61 days before departure. In the event of a partial cancellation up to 61 days before departure, the price for the remaining participants will be adjusted. For partial cancellations from 60 days to 0 days before departure, see cancellation fees in section 4.3.1 above. From 60 days before departure, individual cancellations will not affect the agreed-upon travel price for the remaining participants. A replacement participant is permitted up to 7 days prior to departure, subject to a processing fee of 75 USD.

4.3.3 Exceptions

International flights
Please be aware of the very strict cancellation and change policies, which—depending on the airline and fare class—may amount to up to 100% of the ticket price immediately after booking. We will charge you the fees levied by the airline, which will be billed in addition to the processing fees. The airline may charge high fees for rebooking, name changes, and cancellations. If the flight is not taken (no-show), no refund will be issued under any circumstances.

Cruises, River Cruises, Ships & Catamarans
The travel and contract terms of the respective cruise lines apply. These will be provided to you at the time of booking.

Third-Party Services (GATE as an intermediary)
The general contract and travel terms of the respective service provider apply. These will be provided to you at the time of booking.

4.4 Processing fees

For changes that, in exceptional cases, do not incur the costs specified in Section 4.2, we will charge a processing fee of $50 per person in addition to any additional costs charged by the service provider.

4.5 Substitute Traveler

If you are unable to take the booked trip but are able to provide us with a substitute traveler who is willing to take your place on the trip and assume the travel arrangements you have booked, GATE will only charge the change fee. In this case, the following conditions must be met in their entirety:

• The substitute is willing to assume your travel arrangements under the same conditions you agreed upon with us.
• The other companies involved in your trip (hotels or airlines and shipping companies) accept this change, which may be difficult, especially during peak season, or may be subject to flight fare regulations.
• The substitute meets the specific travel requirements (passport, visa, vaccination regulations).
• There are no legal or official restrictions preventing your substitute from participating in the trip.

This person and you are jointly and severally liable to GATE, the contracting party, for payment of the price as well as for any additional costs incurred as a result of this assignment.

5. Liability

5.1 General Provisions

GATE is liable for the proper organization and execution of the travel services it offers as the tour operator. We will reimburse you for the loss of agreed-upon services or for any additional expenses you incur, provided that it was not possible to offer you an equivalent substitute service on site and that you are not at fault. However, our liability is limited to the amount of the travel price and covers only direct damages. Liability for indirect damages, consequential damages, or loss of enjoyment of the vacation is excluded. No liability is assumed for changes to the itinerary resulting from flight delays or strikes. In particular, GATE is not liable for changes to the travel itinerary attributable to force majeure, official measures, or delays by third parties for which GATE is not responsible. The tour operator is generally not liable for expenses incurred due to a flight delay. If a passenger misses a flight, the tour operator is relieved of any obligation to provide transportation. However, we are happy to assist in arranging a replacement flight. GATE is in no way liable for lost wages or similar losses.

5.2 Accidents, illness and pregnancy

As the tour operator, GATE is liable for personal injury resulting from the negligent failure to perform or improper performance of the travel arrangements by GATE or by a company commissioned by GATE (hotels, airlines, and shipping companies), provided that, in the latter cases, you assign your claims for damages to GATE. In cases of liability arising in connection with air transport or the use of other transport companies (rail, shipping, bus companies, etc.), the amount of compensation claims is limited to the sums resulting from the applicable international agreements or national laws. Such claims must be asserted directly with the respective transport company. Any further liability on the part of GATE is excluded in these cases. If you are pregnant, you are required to inquire about the airline’s or shipping company’s terms of carriage before booking. If you are denied transportation due to pregnancy, all liability is disclaimed.

5.3 Material damages

GATE is liable for damage resulting from theft or damage to property that is culpably caused by GATE or a company commissioned by GATE, provided that you do not receive compensation from any other source (e.g., your insurance) and you assign your claims against the party responsible for the damage to GATE. However, the amount of compensation is limited to the direct damage, but not exceeding the travel price for the person who suffered the damage. In cases of liability arising in connection with air transport or the use of other transport companies (rail, shipping, bus companies, etc.), claims for compensation are limited to the amounts resulting from the applicable international agreements or national laws. GATE assumes no liability for the loss of personal effects, valuables, cash, jewelry, photo and video equipment, etc. (this provision also applies to thefts from rental cars), nor for the loss, theft, damage, or misuse of checks, credit cards, and the like.

5.4 Special events

In addition to the package tour, local events, excursions, and other services can be booked at the destination. Due to local conditions, these may involve specific risks or require certain physical abilities. You book such events at your own risk. We accept no liability for them unless we are expressly identified as the organizer or service provider for such offerings.

5.5 Insurance

We recommend that you purchase a comprehensive insurance package that includes medical expenses, accident, and luggage insurance, unless you have already purchased such insurance with sufficient coverage.

5.6 For your safety

The Ministry of Foreign Affairs in Switzerland (EDA, by its initials in German) publishes information about countries where there may be security or other significant risks. You can access these travel advisories directly on the FDFA website EDA general travel information or obtain them from your travel agency. We assume that you have familiarized yourself with these travel advisories before departure and are aware of the associated risks.

5.7 Liability for services provided through third parties

GATE expressly disclaims any and all liability for services arranged. The relevant terms and conditions of the service provider apply.

6. Difficulties during the trip

6.1 On-site issue

If the services provided do not correspond to the services booked or the order confirmation, or if they are otherwise significantly deficient, you are entitled and obligated to notify the contact person immediately. This is a necessary prerequisite for subsequently asserting your claims for compensation and, in most cases, allows for a remedy to be provided on-site. If your intervention does not lead to an appropriate solution, you are obligated to request a written confirmation from the on-site contact person or the local GATE representative that records your complaint and its content. The on-site contact person or the local representative is not authorized to acknowledge any claims for damages.

6.2 Written complaint

Please send your written complaint, along with confirmation from the on-site contact person or the local GATE representative, to Green Alligator AG, Kastauden 4a, 8590 Romanshorn, Switzerland, within 30 days of your return. If the written complaint is not submitted within the aforementioned period, all claims for compensation will lapse. Any complications in clarifying the facts of the matter due to a late claim for damages will be at the expense of your claim for compensation.

7. You start the trip but are unable to complete it

If you must cut your trip short for any reason, GATE cannot refund the trip price. We recommend that you purchase return travel insurance to cover the costs incurred if you must cut your trip short for an urgent reason (such as your own illness or accident, or the serious illness or death of a family member). In urgent cases (e.g., your own illness or accident, serious illness or accident, or the death of a close relative), GATE will assist you as much as possible in organizing your early return.

8. GATE is unable to carry out the trip as agreed or must cancel the trip early

8.1 Changes to the itinerary, cancellation, or failure to carry out the trip

GATE reserves the right, in your best interest, to change the itinerary or individual agreed-upon services (e.g., accommodations, mode of transportation, means of transport, aircraft types, airlines, or schedules, etc.) if unforeseen circumstances require it. However, GATE will endeavor to provide equivalent alternative services. If GATE is forced to cancel your trip due to force majeure (e.g., natural disasters, high or low water levels for sea voyages, political unrest and acts of war at the vacation destination that suggest canceling the trip for safety reasons, strikes, delayed hotel openings, etc.), GATE will endeavor to inform you as soon as possible in such cases and offer you an alternative solution. If the trip must be cut short, GATE is authorized to deduct from the refund of your payment any expenses already incurred by GATE and for which proof can be provided. Any further claims for compensation on your part are excluded.

8.1.1 Special local conditions in the destination country

Due to the unique infrastructural, organizational, and administrative conditions in Cuba, the destination country, last-minute changes to the itinerary, mode of transportation, accommodations, or travel schedule may be necessary. The tour operator is entitled to make adjustments for such reasons and to provide equivalent substitute services, provided that these changes are necessitated by local circumstances, official orders, infrastructure limitations, or other factors beyond the tour operator’s control. Such changes do not entitle the customer to claims for damages, provided that the overall nature of the trip remains intact.

8.2 Cost savings or additional costs resulting from program adjustments

If GATE is required to modify a trip you have already paid for in a way that results in a reduction in the value of the originally agreed-upon service, we will issue you a refund. However, if additional costs arise after the contract is concluded for a reason mentioned in Section 8.1 or 3.5, this may result in a price increase for you. If this increase exceeds 10% of the originally agreed travel price, you have the right to withdraw from the contract free of charge within 5 days of receiving our notification.

8.3 Overbooking issues

In the event of overbooking, we reserve the right to notify you at short notice. We will make every effort to offer you an alternative solution. In such cases, we will charge or refund any corresponding price adjustments in accordance with Section 8.2.

9. Statute of limitations

Claims for damages against GATE, regardless of the reason, are subject to a one-year statute of limitations. The limitation period begins on the day following the end of the booked travel arrangement.

10. Privacy Policy

10.1 Collection, disclosure, and use of information

With GATE, you can feel secure. GATE complies with Swiss data protection and telecommunications laws when processing personal data. When booking a trip, in addition to your contact information, the following details are typically stored: travel dates, itinerary/destination, airline, hotel, price, customer requests, information about your travel companions, payment information, date of birth, nationality, language, preferences, etc., as well as any other information you provide to us. By making a booking, you confirm the accuracy of the information provided. Your data is processed to provide our services and—where necessary—forwarded to third parties to fulfill an order.

10.2 Special information regarding flights

At the request of the authorities of certain countries, it may be necessary to provide specific data regarding your travel to and from these countries to said authorities for security and entry purposes. You authorize GATE or the respective airline to provide personal data about you as a passenger—so-called “Passenger Name Record (PNR)” data—to these authorities for these purposes, to the extent that such information is available. This includes, for example, your full name, date of birth, your full residential address, telephone numbers, information about your traveling companions, date of booking/ticket issuance and intended travel date, all types of payment information, your travel status and itinerary, frequent flyer number, information about your baggage, all past PNR changes, etc. You acknowledge that this data may be transferred to countries where data protection does not meet the standards of Swiss data protection legislation.

11. Governing law and jurisdiction

The relationship between you and GATE is governed exclusively by Swiss law. Any legal action against GATE may only be brought at the registered office of GATE AG in 8590 Romanshorn, Kastauden 4a. In the event of any discrepancies in interpretation arising from differences in wording across the various language versions, the German version shall prevail.

March 2026