All travellers who purchase a holiday arranged by Cuba Discovery Tours/McPhail Travel hereafter called “The Company” (a division of MANITOBA LTD 3426760) must agree to be bound by the following which forms the terms of your contract for travel. Payment of your deposit is acknowledgement of these terms and conditions, and that you are in agreement with them.

(1) The Company cannot guarantee that accommodations, food, beverages, ground transportation, airline, ferry, rail, cruise ship or similar services (herein after referred to as “services”) will be exactly as represented in their promotional literature. Great care is taken in the contracting of all “services”, but we cannot be responsible for the errors or omissions of the supplier(s) of said “services”. In the unlikely event that a supplier fails to honour their contract with us, we do reserve the right to alter, change or cancel any “services” which you have already purchased. When such a change occurs, the Company will do its utmost to provide comparable “services”, although we cannot be liable for any difference in the quality or enjoyment except to the extent of a lower dollar value of the substituted “service”. If the Company is forced to cancel your holiday, our liability is limited only to a refund of the monies received by us.

(2) TRAVELING OUTSIDE CANADA - The Canadian standards re the preceding are not necessarily the norm for many countries including Cuba. When one travels to a foreign country it is for the pleasure of discovering a different culture & lifestyle. By booking this holiday you have opted to sample a foreign culture and things WILL NOT be exactly the same as they are at home!

(3) TOURISM is still considered a “growth industry” in Cuba, thus new facilities, resorts etc. are constantly being built, refurbished or extended to keep up with the changing times. It is not unusual for minor repair work or guestroom refurbishment to be ongoing at established resorts and this will occur without prior notice to the Company thus is beyond our control. If we are pre-warned of potentially disruptive on-site construction, please be assured that all efforts will be made to rectify the situation to the satisfaction of all.

(4) All “services” as described within our literature are based upon information provided to us in good faith, by our preferred suppliers. Since our brochure/tentative itineraries are printed 6 months or more in advance of travel, there may be the odd occasion that an amenity/facility/hotel/restaurant is not available during your stay. Such changes may be noted only in our Final Itinerary which is forwarded with the final tour documents, or even thereafter according to local circumstances. As well occasionally an attraction or cultural visit may be altered due to unforeseen circumstances and a substitute will be arranged.

(5) TRAVELLERS should be aware that meals and beverages included in our packages may be of a different style and standard than we are used to in Canada. We accept requests at the time of initial reservation for the provision of special meals to meet certain dietary requirements. Unfortunately, we cannot guarantee that any special request will be adhered to by our suppliers, although every attempt will be made to meet the request. Special diet must be discussed at the time of booking.

(6) HOTEL PORTERAGE is usually available on all of our tours; however on rare occasions it may not be possible. When this happens, our Tour Leader will endeavour to assist. Luggage carts and/or porters are available for arrival and departure at most Cuban airports for a nominal fee.

(7) ANY COMPLAINTS whilst on holiday must first be brought to the attention of your Tour Leader. We must be allowed an opportunity to rectify satisfactorily any adverse situations BEFORE your return home. The Company will not be responsible for any complaints or breaches of contract whatsoever if the traveler does not notify us of same IN WRITING within 30 days of the group return date to Canada. We may require 8 to 10 weeks to investigate and respond to any written complaints.

(8) A VALID PASSPORT (not due to expire within 2 months of your return date from Cuba) is required for travel to Cuba. If you are travelling with a non-Canadian passport OR if you are a not a Canadian citizen, we must be advised at the time of booking. A tourist card is also required and will be available either with your tour package or the airline.

(9) Any information or advice provided by the Company on matters such as visas, vaccinations, climate, clothing, baggage etc. is given in good faith but without responsibility on the part of the Company, and the passenger accepts responsibility for obtaining any necessary visas and travel documents required for the holiday.

(9) ALL FLIGHT times are SUBJECT TO CHANGE without prior notice. We are not responsible for any flight delays, flight schedule changes, oversold flights or missed connections which may result in out of pocket expenses.

(10) HOTEL RATINGS of 3 to 3 1/2 stars are utilized. The ratings are based upon local government ratings and our own company rating. Cuban hotels ARE DIFFERENT than their similarly rated North America counterparts and their quality and amenities change frequently. We reserve the right to change hotels from those featured in our tentative itineraries/brochure - either in terms of a lateral move or an upgrade.

(11) SINGLE TRAVELLERS do pay more than those traveling alone as the cost of the room is not shared by two people. However this does not mean that you will receive a larger or two-bedded guestroom.

(12) PHYSICAL LIMITATIONS: The Company reserves the right to accept, reject or retain any traveller who, in our opinion, is likely to, or does, infringe on the rights, welfare or enjoyment of others. Cuba Discovery Tours are relatively active vacations and while there will be plenty of time to relax, there will also be much to see and do. A number of the included excursions generally require a good deal of walking and navigation of numerous steps. Access to sites visited for guests with physical limitations are sometimes restrictive, and in some cases impossible. To enjoy any of our holidays to the fullest possible extent, you must be in reasonably good physical condition. Tour participants who require any assistance must be accompanied by a companion who is capable of and totally responsible for providing such assistance. Participation in all aspects of the tour is at the Tour member’s own risk.

(13) FINAL HOLIDAY DOCUMENTATION: Documents, including air tickets, will normally be sent out 14 days prior to the Group Departure Date.

(14) BROCHURE PRICING: Package prices are based upon prevailing currency exchange rates as of June 2007 and whilst every effort is made to maintain these prices The Company does reserve the right to implement a surcharge in the event of adverse variations in currency conversions. Similarly, airfares are subject to change with little or no notice and increases will be passed along to all travelers. If through currency fluctuations or airfare increases, our package price is increased in excess of 10%, you have the right to cancel your holiday without penalty. If the package price is increased 10% or less, the difference must be paid and if you choose to cancel, cancellation penalties as per the chart below will be applied. Full prepayment does not protect against currency surcharges, airfare or tax increases.

(15)ALTERATIONS to EXISTING RESERVATIONS: Once your holiday has been fully confirmed and under deposit, ANY CHANGES made to this existing reservation will incur an alteration fee of $30.00 per booking.

(16)CANCELLATION OF RESERVATION: Should you choose to cancel your holiday please review the below PENALTY CHART. You could be penalized as much as 100% of the tour package price. CANCELLATION PENALTIES are assessed PER PERSON, based on the date the tour cancellation is advised to The Company in writing.

Note: Airlines have varying cancellation penalties and their rules and penalties will prevail.

NO REFUND FOR UNUSED TOUR SERVICES.

(17)TRAVEL INSURANCE: Cancellation, trip interruption and Out of Canada Medical Insurance is mandatory. The cost will depend on a number of factors including type of insurance, length and cost of vacation, and age. If you have independent coverage the company, policy number and emergency assist numbers must be supplied to the Company (Cuba Discovery Tours).

IMPORTANT: While we do our utmost to ensure information on our website and brochure is accurate, typographical errors re pricing, dates or descriptions may exist. Please note that all prices are subject to change without notice.