General Terms and Conditions of Dive Curaçao, and Dive Travel Curacao
These terms and conditions outline the rules and regulations for the use of Dive Curacao’s and Dive Travel Curacao’s Website, owned by Dive and Travel Curacao Consultancy NV, located at https://www.divecuracao.info.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Dive Curacao or Dive Travel Curacao if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Dive Travel Curaçao N.V. - General Terms and Conditions:
THIS DOCUMENT CREATES A CONTRACTUAL RELATIONSHIP BETWEEN DIVE TRAVEL CURACAO N.V., AND YOU, THE “CUSTOMER.” AFTER READING THIS ENTIRE CUSTOMER AGREEMENT (THE “AGREEMENT”), IN ORDER FOR YOUR DIVE TRAVEL PACKAGE (“VACATION PACKAGE” OR “TRIP”) RESERVATION TO BE COMPLETED, YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS FOUND IN THIS AGREEMENT EITHER BY ACCEPTING THEM ONLINE OR BY SIGNING AND SUBMITTING A PAYMENT.
PARTIES TO THIS AGREEMENT: Dive Curaçao, Dive Travel Curaçao N.V., Dive and Travel Consultancy N.V., Ocean Encounters, The Dive Bus, GO WEST Diving, LionsDive Beach Resort Curaçao, All West Apartments and Diving, Sunscape Curaçao Resort, Spa and Casino, Dreams Curaçao Resort, Spa and Casino, Zoetry Curaçao Resort and Spa, or any other Trade/Business Name (herein referred to as “DTC,” “we,” “our,” or “us”) has arranged the Dive Travel Package described within this booking and/or on-line/offline platform. The traveler (herein referred to as “Customer,” “I,” “you,” or “your”) who has reserved a Dive Travel Package as described in this brochure/flier/website/invoice/ confirmation and who intends to participate in the Dive Travel Package so reserved and by such participation and payment as provided for in this Customer Agreement (“Customer Agreement” or “Agreement”) hereby agrees to be bound by and subject to the terms and conditions of this Agreement.
BOOKING PROCEDURES: To make a booking you must acknowledge acceptance of the Customer Agreement in the manner provided for on our website and pay a deposit of 25% of the package price per person or more as required by the supplier. We will then invoice you for the remainder of the cost, which you must pay no later than 60 days before departure. If you book less than 60 days before departure, full payment must be made on booking by an on-line payment method or major internationally accepted credit card. The booking is not accepted and no contract exists until the date shown on the confirmation issued by DTC. Bookings made over the telephone, by email, or by credit card more than 60 days before departure will not be deemed accepted until we have received your acceptance of the Customer Agreement in the manner provided for on our website or a payment which constitutes an agreement to the terms and conditions. If you do not pay the balance of your Dive Travel Package cost within 60 days of departure, your booking will be terminated and you will lose your deposit. A fee of US $25.00 will be added to the Dive Travel Package price for the second and subsequent revisions. In addition, a fee of US $25.00 per person will be charged should a new set of travel documents be required because of any revision. Bookings made within 30 days or less prior to departure will be subject to a US $25.00 non-refundable fee to cover administration costs and express delivery of documents. We reserve the right to refuse a reservation made by: (i) a person under the age of eighteen (18) without the written consent of a parent or legal guardian first having been obtained, and (ii) a person not certified by an internationally recognized SCUBA diving certification association, acceptable to us. No charge will be made for the first revision to any booking.
CANCELLATION PROCEDURES: Notification of cancellation must be made to DTC in writing. If you cancel your Dive Travel Package booking, the following cancellation charges will be made: (i) Written notification of cancellation received at our offices between the initial booking and 45 days before departure, 10% of package price per person; (ii) Written notification of cancellation received at our offices between 44 and 30 days before departure: 15% of package price per person; (iii) Written notification of cancellation received at our offices between 15 and 29 days before departure: 25% of package price per person; (iiii) Written notification of cancellation received at our offices between 14 and arrival or failure to join the Trip: 100% of the Dive Travel Package cost; (iv) These fees are in addition to any vendor fee that may be assessed, (up to 100%).
DTC STRONGLY ADVISES YOU TO PURCHASE TRAVEL/BAGGAGE AND TRAVEL CANCELLATION INSURANCE.
ACCURACY OF INFORMATION: The information contained in our brochure, pricing documentation and on our website is correct to the best of our belief, but we accept no liability for any inaccuracies contained therein. Any information or advice provided by us on matters such as permits, visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith but without responsibility on our part, and you accept responsibility for obtaining any necessary visas and travel documents required for the Dive Travel Package.
MISCELLANEOUS: Any flights forming part of the Dive Travel Package arrangements are subject to the conditions of the carrying airline, which in most cases limit the airline’s liability to the passenger in accordance with international law and conventions. Any likeness or image of you secured or taken during your participation in a Trip may be used by us without charge in all media (whether now existing or in the future invented) for promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet. By accepting the Customer Agreement, you agree that, if necessary, we may pass your contact details and numbers to any third party connected with the operation of the specific Dive Travel Package which you have booked. This information will not be used for any other purpose by the third party, nor will it be passed to any other parties. Please note that international airlines are required by applicable laws to give border control agencies access to passenger data. Accordingly, any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary or to which you may be diverted. This Customer Agreement may only be waived or amended by written mutual consent. When you accept this Customer Agreement, you agree to all these conditions.
DOCUMENTATION: You must carry valid proof of citizenship and proper identification (current Passport Book). If you are traveling with children, some countries require specific travel permissions from both birth parents. Since proof varies with each country, contact our office about your specific destination. All persons on Dive Travel Packages must have a current, valid scuba certification card issued by an internationally recognized SCUBA diving certification association acceptable to DTC. Without proper identification, a passport and necessary visas, you will not be permitted to depart. It is your responsibility to verify your necessary travel documents.
BAGGAGE: Airline baggage fees are additional and collected by the carrier upon check in for your flights.
RISKS AND WARNINGS: For information regarding possible dangers at international destinations, contact the Travel Advisory Section of the World Health Organization at: https://www.who.int/ and the Government of Curaçao: https://www.curacao.com/en/questions/health-and-vaccinations/response-to-novel-coronavirus-covid-19 .
ARBITRATION: You agree that any dispute concerning, relating or referring to this Agreement, the brochure/flier/website/invoice or any other literature concerning your Trip, the Trip itself or any claim for damages due to injury or death which occurs during or in connection with the Trip shall be resolved exclusively by binding arbitration according to the then existing rules of the country of Curaçao, located within the Dutch Caribbean. Such proceedings will be governed by substantive Curaçao law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of Curaçao, within the Dutch Caribbean and have a minimum of fifteen years of experience in civil litigation. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.
WAIVER OF JURY TRIAL: IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION: THIS AGREEMENT AND ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF CURAÇAO, LOCATED IN THE DUTCH CARIBBEAN, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF CURAÇAO. ALL OF THE PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.
SEVERABILITY: The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
WAIVER: Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.
CONFLICT: In the event of any inconsistency or conflict between the terms of this document and any terms or conditions otherwise applicable to the trip, the terms of this document shall prevail.
EXCLUSIVITY: Except as otherwise expressly provided to the contrary, the rights herein granted and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of DTC and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.
RESPONSIBILITY: YOU UNDERSTAND AND AGREE THAT ALL TRAVEL ARRANGEMENTS INCLUDED IN THIS TRIP ARE MADE ON YOUR BEHALF UPON THE EXPRESS CONDITION THAT NEITHER DTC NOR ITS OWNER, DIRECTORS, OFFICERS, EMPLOYEES AGENTS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE OR RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT OF ANY THIRD PARTY, SUCH AS OPERATORS OF AIRCRAFT, TRAINS, MOTORCOACHES, PRIVATE CARS, CRUISE VESSELS, BOATS, SHIPS OR ANY OTHER CONVEYANCE, HOTELS, SIGHTSEEING EXCURSIONS, LOCAL GROUND HANDLING, ETC. WHICH ARE TO OR DO SUPPLY ANY GOODS OR SERVICES FOR YOUR TRIP. YOU FURTHER UNDERSTAND THAT DTC NEITHER OWNS NOR OPERATES SUCH THIRD PARTY SUPPLIERS AND ACCORDINGLY AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE SUPPLIERS AND NOT HOLD DTC RESPONSIBLE FOR THEIR ACTS OR OMISSIONS. WITHOUT LIMITATION, DTC IS NOT RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACTS OF OTHERS OR FOR ACTS OF GOD OR FORCE MAJEURE, WEATHER EMERGENCIES, BREAKDOWN, OR FAILURE OF DIVING OR MECHANICAL EQUIPMENT, GOVERNMENT ACTIONS, INCLEMENT WEATHER, SICKNESS, ATTACKS BY ANIMALS, AVAILABILITY OF MEDICAL CARE OR THE ADEQUACY OF THE SAME, CRIMINAL ACTIVITY OF ANY KIND, TERRORISM, WAR, CIVIL DISTURBANCE, SANITARY CONDITIONS, QUALITY OR SANITATION OF FOOD, QUARANTINE, CUSTOMS REGULATIONS, EPIDEMICS, STRIKES, HOTEL OVERBOOKING, SAFETY AND/OR SECURITY STANDARDS AT HOTELS OR OTHER ACCOMMODATIONS, ANY PROBLEMS OR INJURIES WHATSOEVER ARISING FROM SWIMMING OR SCUBA DIVING OR FOR ANY OTHER REASON BEYOND THE CONTROL OF DTC, AND YOU UNDERSTAND, AGREE WITH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE RELEASE AND WAIVER OF LIABILITY SET FORTH HEREIN.
ACKNOWLEDGMENT OF RISK: I understand and acknowledge that my travel in connection with and participation in the Dive Travel Package arranged at my request by DTC may involve risk and potential exposure to injury and possibly death. I specifically acknowledge and recognize the potential for injury and death which can result from swimming or SCUBA diving, including the malfunction of dive equipment, the natural environment, animal or sea life, currents and other changing conditions, decompression sickness, embolism or other hyperbaric injuries. I realize and acknowledge that diving with compressed air, Nitrox, trimix, or other gasses involves certain risks and requires specific training. I certify that I have been properly trained for the breathing mixture(s) I will use and understand the risks involved. I also realize and acknowledge that risk and dangers may be caused by the negligence of the owner, directors, employees, contractors, subcontractors, officers or agents of DTC or the negligence or participation of other participants, contractors and/or subcontractors to DTC. I also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. I fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during my Trip.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risk of the travels and related activities in which I am intending to engage, I confirm that I am physically and mentally capable of participating in the activity and that I alone am responsible for my own activities while engaged in SCUBA diving. I am willingly and knowingly electing to participate in this Dive Travel Package in spite of the potential risk of danger and I willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by me or caused by me, whether caused in whole or in part by the negligence of the owner, directors, agents, officers, employees, contractors or subcontractors of DTC.
RELEASE OF LIABILITY: In consideration of the services and arrangements provided by DTC, I, for myself and for my heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify DTC, and its owner, officers, directors, agents, contractors, subcontractors and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the scheduled Dive Travel Package and any activities conducted in conjunction therewith. I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNER, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF DTC.
EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES: Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against DTC its owner, officers, directors, agents, contractors, subcontractors and employees, for any reason whatsoever.
Dive Curaçao - General Terms and Conditions:
Unless otherwise stated, Dive Curacao, Dive Travel Curacao and/or its licensors own the intellectual property rights for all material on https://www.divecuracao.info. All intellectual property rights are reserved. You may access this from Dive Curacao and Dive Travel Curacao for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Dive Curacao or Dive Travel Curacao
- Sell, rent or sub-license material from Dive Curacao or Dive Travel Curacao
- Reproduce, duplicate or copy material from Dive Curacao or Dive Travel Curacao
- Redistribute content from Dive Curacao or Dive Travel Curacao
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Dive Curacao and Dive Travel Curacao does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Dive Curacao or Dive Travel Curacao, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Dive Curacao and Dive Travel Curacao shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Dive Curacao and Dive Travel Curacao reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Dive Curacao a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.</p>
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Dive Curacao and Dive Travel Curacao; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Dive Curacao. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Dive Curacao’s or Dive Travel Curacao’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Web pages that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.