OPERATOR-PARTICIPANT AGREEMENT

P2P LLC, with offices located at 1500 Pony Run Rd., Raleigh, North Carolina 27615, in consideration of the payments made pursuant to the terms of this Agreement by you the Participant, as hereinafter detailed, undertake to arrange the services herein described subject to the limitations imposed herein (the “Trip”), undertake to design and organize the Trip subject to the limitations imposed herein (the “Trip”).

THE PARTIES’ RESPONSIBILITIES: P2P LLC is responsible to Participant for making all the arrangements including accommodations, ground transportation in Cuba and other services which are offered pursuant to the particular Trip.  However, unless P2P LLC, has been negligent, it is not responsible for personal injury, property damage or other loss, claim or damage arising out of or related to goods or services offered or included in the particular contracted trip. P2P LLC) is  NOT RESPONSIBLE for personal injury, property damage or any other loss, claim or damage related to or arising from the acts or omission of any air carrier, hotel, ground operator, government agency or other person or entity that is not its direct employee or under its exclusive control, which provides any of the services covered in the particular Trip offered though the services of the P2P License granted to P2P LLC organizing the Trip.  All payments are made to P2P LLC.

DISCLAIMER: As between the Parties, Participant(s) agree that P2P LLC Is not responsible for personal injury, property damage, wrongful death, or any other loss, claim, or damage arising out of, either in whole or in part for Acts of God, weather, labor strikes, government actions, mechanical breakdowns, war-like acts, acts of terrorism or other causes reasonably beyond the control of P2P LLC Participant further agrees and hereby releases P2P LLC for incidental or consequential losses or damages resulting from such acts. Participant hereby expressly exempts P2P LLC for any liability for injury, damage, loss, accident, delay, irregularity in connection with the service of any automobile, motor coach, airplane, water craft and/or water carrier used in conjunction with the Trip. P2P LLC is not responsible for any penalty, loss or inconvenience resulting from air, water or land arrangements made independently by Participants, including non-refundable conditions, restricted travel or frequent flyer tickets. Participant hereby acknowledges that it has become familiarized with the disclaimers contained in this Paragraph and elsewhere in this Agreement and hereby consents to this explicit disclaimer.

In consideration for being accepted and allowed to participate in Trip project and activities associated with the specific program detailed in the Trip, I/we personally assume responsibility for my/our actions and release P2P LLC from all liability.

U.S. GOVERNMENT REQUIREMENTS: Participant(s) understand that P2P LLC offers its People-to-People (AP2P) programs to Cuba pursuant to authorization granted by the United States Department of Treasury to conduct licensed People-to‑People educational trips.   This General license is used pursuant to section 515.565(b) (2) of the Cuban Assets Control Regulations, 31 CFR Part 515, which authorizes P2P LLC to offer its services in travel related transactions involving Cuba as well as other transactions directly incident to the types of educational exchange activities approved under the License as set forth in ‘ 515.560 (c) of the Regulations.

The License requires that the participant engage in a full‑time schedule of educational activities, which are planned to ensure meaningful interactions between the Participant(s) and individuals in Cuba. As a Participant, you are required by U.S. Law to adhere to the full‑time schedule incident to the types of educational exchange activities approved under the License granted to/by P2P LLC, which has the responsibility to ensure that the terms of the License are complied with by the participating Travelers.  In the event the Participant(s) refuse(s) to adhere to the scheduled activities, P2P LLC, may require the Participant to leave the program, which may result in legal proceedings commenced by the U.S. government. P2P LLC may be required by O.F.A.C. to submit a report concerning the activities undertaken in each Travel Program with the names of each of the participants.  These records must be kept archived for a period of five years from the date of the particular travel.  Participant hereby expressly agrees and promises to adhere to this full‑time schedule designated by P2P LLC to ensure such adherence to and compliance with U.S. Law.

P2P LLC operates its People-to-People programs independent of the hotels, restaurants, and other food providers, airlines and other entities used on the programs. Programs and services provided in connection with the program including without limitation transportation, lodging, and sightseeing are provided by the carrier, hoteliers, and other suppliers, which are independent contractors and not agents for, employees, partners, or joint venture participants of P2P LLC.  P2P LLC is not responsible for acts or omissions of such independent contractors.

I/We the Participant(s) acknowledge and agree and in this document do release and agree to indemnify, defend and hold harmless P2P LLC and its respective officers, managers,  trustees, members, employees, agents, contractors, agents, heirs and assigns, from or regarding any and all claims, demands, rights, and causes of action of whatsoever kind and nature, by the undersigned or any other  person, arising from or by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, death, damage to property, financial damages, penalties, levies, fines assessments, duties, and/or attorney’s fees and the consequences thereof, or any loss whatsoever, resulting, arising from or related to the undersigned’s anticipated travel or actual travel to, within and from Cuba pursuant to the Trip’s coverage.  In addition, the I/we forgo any rights to claim any liability or responsibility for injury, delay, irregularity, loss or damage to person or property, additional costs, losses or injuries resulting directly or indirectly from acts of nature, detention, weather, government, political forces, terrorism, crime, failure of any means of transportation to comply with schedules, accommodations, food, whether such losses arise out of or are incident to the Trip’s program.

ADDITIONAL TERMS AND CONDITIONS

INCLUSIVE COST OF THE TRIP: The cost for the Trip is $2,950 double occupancy/ $3,450 single occupancy.

The cost includes: SEE ATTACHED SCHEDULE DETAILED ITINERARY AND INCLUSIVE SERVICES AND PRODUCTS

PAYMENTS: A deposit in the amount indicated in the reservation form in the amount of $500 upon your initial application.  The balance of the cost of the package shall be due no later than 60 days prior to departure.

CANCELLATION POLICY AND ADDITIONAL TERMS OF COVERAGE OF SERVICES: If you change your plans and cancel your participation in the Trip you must do so in writing to the address of P2P LLC at the address above.  The notification shall become effective when received by P2P LLC.  The refunds shall be made upon the following terms and conditions and within 14 working days after the receipt of the cancellation: 

• Cancellation in excess of 60 days before the Trip- you will receive full refund less $100 per person to cover administrative costs;

• Cancellation from 59 to 30 days before the Trip- you will receive full refund less $500 per person to cover administrative costs;
• No refunds shall be given for a cancellation received 30 days prior to the Trip

If the Trip is cancelled by P2P LLC prior to departure of the Trip for insufficient number of participants or for any or no reason, P2P LLC will refund to you the full amount you have paid towards the cost of the Trip, less the amount of your deposit, except in the case of cancellation due to reasons of governmental actions including travel regulations promulgated by the U.S. Office of Foreign Assets Control (O.F.A.C.) and the Cuban Assets Control Regulations.  Trip interruption insurance is available for your purchase and we encourage you to avail yourself of this coverage.

Due to exigencies beyond P2P LLC’s control and the nature of circumstances of the Trip which may require changes or adjustments, P2P LLC may be required to coordinate substitutions to hotels accommodations, itineraries and destinations in Cuba.  Participants do hereby accept and consent to such changes. P2P LLC shall not be liable for any losses incurred as a result of such changes or adjustments.  Participant acknowledges that flights to and from Cuba are subject to change by the companies operating the flight program. Flight information, schedule and equipment use may not be confirmed by the companies operating the flights until the flight time. P2P LLC urges you schedule your arrival to the Port of departure with ample time before your departure.  The check-in time and procedure for the flight to and from Cuba is early. Your return flights in the U.S. should be scheduled for at least 3 hours from the scheduled time of arrival from Cuba.  P2P LLC is not responsible for lost or damaged baggage.

NO REFUNDS will be made for any portion of the arrangements made in the trip which are not utilized by the Participant.  The arrangements made in Cuba for the Trip as are described in the Trip’s description are not subject to change.  

MEDICAL INSURANCE: Included in the cost of the air travel to Cuba, is the cost of limited medical insurance and evacuation services provided by the Cuban Government.  Participant acknowledges and agrees that preexisting conditions are not included in the coverage.  Should Participant require additional medical insurance coverage, the same must be obtained by Participant.  Participant agrees not to hold P2P LLC responsible for any medical or emergency treatment which Participant may require during his participation in the Trip in Cuba and while traveling to and from Cuba.

Participant agrees to disclose to P2P LLC at the time of the reservation to participate in the Trip, any preexisting physical and/or mental condition requiring medical care and usage of specialized equipment.  Due to the moderate physical exigencies of the trip. P2P LLC reserves the right to reject the reservation of a Participant, who in P2P LLC’s sole judgment, may be unfit to undertake the trip or be a danger to themselves or others.  Participants who may require assistance, including persons needing wheelchair assistance, must be accompanied by someone who has agreed to provide such assistance to the Participant. P2P LLC reserves the right to determine at its sole discretion to terminate a participant’s right to participate in any of the events offered in the Trip or to remain in Cuba.

RECORD KEEPING REQUIREMENTS: Participant acknowledges that O.F.A.C. requires each participant to keep a written record of each day’s activities in Cuba. Participant hereby agrees to keep such record together with a copy of this record for five years from the date of travel, to be made available for examination by O.F.A.C. upon request.

The Parties agrees that this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its choice of law rules.  The parties agree that the courts of the State of North Carolina, County of North Carolina shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of this agreement or the underlying Contract, and hereby submit to the jurisdiction of those Courts and waive any right to trial by jury.

SCHEDULE 1 OF TRIP 

DETAILED ITINERARY AND INCLUSIVE SERVICES AND PRODUCTS

Your trip experience includes:

• Accommodations in a casa particular per itinerary

• All land transportation in Cuba for stops per itinerary

• English speaking guide(s)

• Entry fees to venues visited as described in your itinerary

• Meals as described in your itinerary

• Medical repatriation insurance

• Gratuity for guide and bus driver

• Gratuity for speakers

• A $100 contribution to 3 Cuban synagogues and 2 Jewish cemeteries in Havana.

SPECIFICALLY EXCLUDED EXPENSES: Air fare between your home and Havana and cost of visa; personal expenses, optional travel insurance, baggage fees, optional meals at Paladares (Private Restaurants), optional shows and social events, and other items/tips not specifically mentioned as included.