Curacao-Actief: Terms and Conditions

The Terms and Conditions are effective from November 2007 and supersede any previous issues.

Article 1 Definitions
Article 2 Contents
Article 3 Cancellation and Amendments
Article 4 Payment
Article 5 Liability
Article 6 Documentation
Article 7 Interest and Debt Recovery Costs
Article 8 Complaints
Article 9 Disputes

Article 1 Definitions

1.1 Contract:
An agreement between Curacao-Actief and other parties to offer or provide and carry out specific pre-arranged travel and holiday activities.

1.2 Services:
Services as provided and described by Curacao-Actief.

  • See www.curacao-actief.com.
  • Services provided and delivered by a third party service provider on behalf of Curacao-Actief.

Examples of services provided:

  • Curacao-Actief Tours as detailed and referred to on the website www.curacao-actief.com.
  • Confirm and book travel arrangements e.g. airline tickets and accommodation requests.
  • Confirm and book additional travel requirements e.g. taxis and rental cars. Confirm and book additional services provided by Curacao-Actief or by an approved third party service provider.

1.3 Third party Service Providers:
A third party service provider is an approved company or person that provides a service as referred to in paragraph 1.2 on behalf of Curacao-Actief.

1.4 Client:
The client shall mean the person who completed the booking form and who is responsible for agreeing and accepting the contract with Curacao-Actief and the third party service providers. The signatory of the Client on the booking form warrants that he/she is authorised to complete the booking form on behalf of others.

1.5 Customer:
The customer shall mean the person(s), including the Client who uses the services of Curacao-Actief and third party service providers.

1.6 Legal Jurisdiction:
This contract including any amendments and additions is subject to the Curaçao Law and jurisdiction. Every effort will be made to resolve issues, however if necessary, the matter can be referred to the courts in Willemstad, Curaçao.

Article 2 Contents

2.1 Services as defined in the contract which could include information, recommendations, advice and implementation of services as well as booking and confirming travel arrangements.

2.2 The contract is effective and binding on acceptance of Curacao-Actief’s booking and purchase conditions. Confirmation and acceptance can be done direct or through a travel agent or tour operator. An electronic or paper confirmation invoice will be sent to confirm the booking.

2.3 The on line booking process of Curacao-Actief informs customers that they are entering into a legal contract. A confirmed booking is legally binding.

2.4 The information and prices quoted by Curacao-Actief are made without obligation and can be withdrawn for valid and necessary reasons. Whilst every effort is made to ensure the
accuracy of all information and prices, Curacao-Actief reserves the right to make price amendments within eight hours of receiving a confirmed booking. The reasons for any
amendments must be clearly stated. Please note that separate terms and conditions as dictated by a third party service provider apply to bookings. Price increases from third
party service providers must be confirmed in writing within 3 days.

2.5 a. The Client must provide Curacao-Actief with all the customers personal details necessary to draw up and finalise the booking contract. Any additional information which may affect or influence the booking must be disclosed. Curacao-Actief will ensure that the terms and conditions regarding agreed services are clearly stated in the contract.
b. The Client is responsible for any costs incurred as a result of their failure or negligence to provide Curacao-Actief with the necessary and relevant customer details resulting in a customer(s) being excluded from participating in a service.

2.6 All correspondence including financial transactions are between the Client and Curacao-Actief. In the event of a group booking it is the responsibility of the Client to ensure that all customers are fully aware of the terms and conditions of Curacao-Actief.

2.7 In the interest of safety, all participants must agree to abide by any instructions given by Curacao-Actief. Participants will be held responsible for any damage to equipment or property as a result of what is considered to be inappropriate behaviour. Curacao-Actief will ensure that all relevant instructions are explained before the commencement of any service or activity.

Article 3 Cancellation and Amendments

3.1 Curacao-Actief reserves the right to cancel or amend any booking considered necessary for valid reasons e.g. safety and security risks, weather conditions and cultural issues.

3.2 Curacao-Actief reserves the right to cancel a contract with immediate effect if the number of participants is less than 4. The cancellation policy and the period of notice are clearly stated on all current Curacao-Actief brochures and publications. Curacao-Actief will notify customers in writing of cancellation which are in accordance with the terms and conditions as stated in the publications.

3.3 a. In the event that a booking confirmation cannot be issued immediately, the Client has two days to complain after receiving the written confirmation. If no complaint is received in writing by Curacao-Actief the confirmation shall constitute acceptance of the contract. However the client has the right to provide counter evidence.
b. The Client is responsible for any costs incurred by Curacao-Actief or a Third Party Service provider in the event that the client cancels or amends the contract after a period of two working days.

3.4 The following terms apply in the event of cancellation of any Curacao-Actief Tours by the Client:

  • Cancellation of an agreed tour more than 2 days before commencement date: Refund of invoiced amount, minus bank transfers costs;
  • Cancellation within 2 days before commencement date of the agreed services: Full amount will be forfeited.

3.5 Curacao-Actief shall submit any cancellations or amendments to the contract in writing.

Article 4 Payment

4.1 Curacao-Actief requires full payment in advance for agreed services. An alternative payment arrangement will only be considered under exceptional and agreed circumstances which must be confirmed in writing by both parties.

4.2 Outstanding amounts must be paid to Curacao-Actief as specified in our company terms and conditions. Curacao-Actief is authorized to collect outstanding amounts on behalf of third party service providers.

4.3 In the event that payment is not received as specified in our terms and conditions, Curacao-Actief reserves the right to treat the booking as cancelled in which case the Client is liable to cancellation charges of the final invoice in accordance with Article 3 sub section 3.3.b.

4.4 Any potential refund will only be transferred to the account of the Client.

Article 5 Liability

5.1 By accepting the contract, the Client and/or Customer agree to abide and comply with all the specified terms and conditions of the contract. Curacao-Actief is legally responsible to provide the services as specified in the contract and honour all their commitments, unless it is necessary to cancel due to hostilities, political unrest or other circumstances amounting to force majeure.

5.2 The Client is overall responsible for the specified agreed services in the contract. Every customer is liable for their own part of the contract.

5.3 In the interest of safety, Curacao-Actief reserves the right to exclude or refuse any person at any time, before and during an activity if, in their opinion, the behaviour of the person is incompatible with the activity or group; if the behaviour could cause distress or annoyance to others and create the risk of danger or damage to property. Any costs incurred as a result of this action are for customer’s own account. No refunds will be made.

5.4 Curacao-Actief does not accept responsibility and is not liable for any damage caused by restricted communication, transport facilities/providers, medical assistance or for personal
injury or loss as a result of potentially dangerous and hazardous risks associated with certain activities.

5.5 Curacao-Actief will provide a full safety instruction briefing to all participants including an outline of the activity and the degree of risk. All participants are required to sign a liability waiver clause acknowledging the content, exclusion and limitation of Curacao-Actief’s liability.

5.6 Curacao-Actief will inform the Client on the contract regarding the Exclusion and/or Limitation Clause and the requirement to sign the liability waiver as mentioned in Article 5, sub section 5.5. A client or customer who refuses to sign the liability waiver as stated in Article 5, subsection 5.5 cannot appeal or challenge the contract.

5.7 In the event that a contract is realised due to certain services provided by Curacao-Actief, for example recommendations and information, Curacao-Actief’s general terms and conditions and liability clause applies. In the unlikely event of a complaint, Curacao-Actief will accept responsibility for dealing with the complaint regarding services provided by a third party service provider. However, final settlement of the complaint is subject to the terms and conditions of the third party service provider.

5.8 Without prejudice to the requirements of this article, Curacao-Actief does not accept liability:

  • For any negligence by a third party service provider.
  • For the misinformation, misrepresentation or accuracy of the information provided by a third party service provider.
  • For any photos, flyers, advertising, websites and other resources of information compiled and published by a third party service provider.

5.9 Curacao-Actief is not responsible or liable:

  • For any injury to person or damage to equipment for which a client or customer has comprehensive insurance cover i.e. travel insurance, cancellation insurance and medical insurance.
  • For any delay, cancellation or loss associated with the client or customers profession.

5.10 Curacao-Actief is not responsible for any commitments promised by personnel or a third party service provider which are not in accordance with the specified terms and conditions of the contract, unless this is confirmed in writing by all parties concerned.

5.11 The exclusions and limitations of Curacao-Actief’s liability referred to in this article are applicable to all personnel of Curacao-Actief and third party service providers.

5.12 Curacao-Actief is committed to providing the holiday booked. In the unlikely event that any part is not provided as promised, Curacao-Actief will pay appropriate compensation if this has affected the enjoyment of the holiday:

  • Although we have no direct control over services provided by third party service providers, we will compensate to a maximum amount of 25% of the invoiced amount. The terms and conditions of the third party service provider remain applicable.
  • For services provided by Curacao-Actief, the maximum compensation amount is the actual invoiced amount.

5.13 Without prejudice to the requirements of this article, the maximum compensation amount payable by Curacao-Actief for damage excluding death or injury of the client or customer will not exceed three times the invoiced amount, unless there is evidence of criminal intent, negligence or serious misconduct by Curacao-Actief.

5.14 Without prejudice to the requirements of this article, the maximum compensation amount payable by Curacao-Actief and approved third party service providers will not exceed the insured maximum amount as stipulated in the company’s insurance policy.

Article 6 Documentation

6.1 At the time of booking or when the contract is agreed, Curacao-Actief will make the client aware of the booking terms and conditions that apply to their booking, the exclusion and/or limitation clauses and any other relevant general information such as times and itineraries.

6.2 The Client is responsible to ensure that they have the necessary and up to date travel information and advice issued by the relevant authorities.

6.3 The Client is responsible to ensure that they have a valid passport and any necessary visas and health certificates. Curacao-Actief will not accept liability for any additional costs incurred from the failure to meet with these requirements unless Curacao-Actief have confirmed in writing that they would assume responsibility for ensuring the correct documentation and have failed to do so.

6.4 The Client is responsible to ensure that in addition to having a valid passport and visa if applicable, that they are also in possession of other legally required documents such as a
valid driver’s licence and diving certificate if applicable.

Article 7 Interest and Debt Recovery Costs

7.1 Full payment is required on the invoice due date. If full payment is not received by the invoice due date, interest will be charged at the statutory base interest rate on the remaining balance. If the outstanding amount refers to a third party service provider, their conditions will apply, including a higher interest rate if applicable.

7.2 In addition to interest, debt recovery costs will be charged which is currently fixed at 15% of the overdue amount.

Article 8 Complaints

8.1 Complaints regarding a booking or any other matter concerning Curacao-Actief must be made in writing and received by us within one calendar month after the end of the holiday or within one calendar month after the original departure date if the holiday or service was cancelled.

8.2 Curacao-Actief will acknowledge and respond to written complaints within one calendar month of receipt. A complaint is normally settled amicably within a short time. However if this is not possible, the period as mentioned in Article 8 paragraph 8.1 will be extended by one calendar month. An investigation may involve obtaining extra information from a third party service provider which may require extra time. If extra time is needed, the period will be further extended by two calendar months.

8.3 If Curacao-Actief exceed the period of 90 days, the disputed matter can be referred to the courts for a decision.

Article 9 Disputes

9.1 In the unlikely event that both parties do not reach an amicable settlement within the allocated time, the dispute can be referred to the Judge whose decision will be based on documents alone i.e. the terms and conditions of the contract. Please note certain important conditions apply:

  • Claims must be made within 3 calendar months after the termination of the holiday.
  • Claims must be made within 3 calendar months of the original departure date if the holiday or service was cancelled.

9.2 This contract including any amendments and additions is subject to the Curaçao Law and jurisdiction.

9.3 The statute of limitation is one year. This is the maximum period that legal proceedings based on the events listed below may be initiated:

  • One year after the date of the booked holiday;
  • One year after the original departure date if cancelled;
  • One year if the complaint relates to the quality of service by Curacao-Actief.