Table of contents

1. Definitions
2. The order in general
3. The reservation order
4. Payments
5. Liability
6. Documents
8. Payment
9. Remaining
10. Disputes and appropriate right

These general terms & conditions apply to all offers and agreements with Curacao-Vacation.com Ltd., by means of its website www.curacao-vacation.com (the website) or otherwise. The original text of these general conditions is in Dutch. In case of discrepancy between a translation and the original text, the Dutch version applies.

These general conditions have been deposited at the Court of the Netherlands Antilles in Willemstad, Curacao.

1. Definitions

In this agreement, except in as far as the context requires otherwise, the following terms shall have the following meanings:

1.1 CV:
Curacao-Vacation.com Ltd, a Netherlands Antilles Private Limited Company, established in Willemstad, Curacao, Netherlands Antilles, which acts as an agent on behalf of providers of travel, tours, activities, accommodation, transport and similar services in the broadest sense of the word.

1.2 Customer
a) the customer who places an order (as defined in point 1.4) with CV, or
b) the person or entity whose needs are fulfilled by CV in arranging the desired services and who has agreed to these services being rendered.

1.3 Service Provider:
The carrier, tour or activity provider, accommodation provider, tour operator, airline company and/or other service providers, with whom the customer contracts an agreement and who is responsible for the implementation of the service.

1.4 Order:
The agreement that is established between customer and CV, either by means of the website or otherwise, based on which CV, using the reservation system of its website and the product / service information offered by service provider, can make and place reservations on behalf of the customer with the service provider, thereby forming an agreement between the customer and the chosen service provider. CV is itself not a party in this final agreement.

2. The order in general

2.1 The customer is bound towards CV and service provider after supplying the order, irrespective of whether a confirmation is immediately sent.

2.2 The order confirmation will in general be sent within 48 hours after the order is sent by e-mail; such confirmation is considered proof of the agreement as set out in the order confirmation between customer and service provider. No order confirmation is sent by ordinary mail.

2.3 The constituent is bound towards both CV and the service provider for complete responsibility for the obligations which result from using the services of CV.

2.4 Apparent (written) errors and / or mistakes of CV do not bind CV.

3. The reservation order

3.1 The constituent will supply all required data to CV concerning himself and (possible) other constituents needed for closing a correct agreement between constituent and service provider. Persons under 21 are not permitted to place orders with CV. Also it is prohibited to register oneself under a false name or address.

3.2 CV reserves the right to refuse a person as a constituent.

3.3 At the time of placing an order with CV the constituent approves the supplied general conditions of the concerned service provider, if applicable. The responsibility of the compliance with these conditions lies with the service provider; at summary offence of this the constituent can keep neither the service provider, nor CV in any way responsible.

3.4 The prices of services of service providers can be modified in accordance with the applied conditions of the service provider. The constituent will be notified of these modifications as soon as possible and the totals will be recalculated.

3.5 Possible cancellations of or modification to the order can only take place at the request of the constituent. If at the request of the constituent a cancellation takes place or modifications is requested on an already placed order, the costs linked to this cancellation or modification will be charged. Besides the cancellation fee or modification fee charged by the service provider, this can also include costs which CV must make to process the annulment c.q modification.

3.6 All communications of CV concerning the order will be exclusively addressed to the constituent.

4. Payments:

4.1 All prices are in US$ (United States dollars) unless specifically mentioned otherwise. If a price is presented in another currency, its value will be calculated on the basis of the currency rates available on the day of placing the order.

4.2 Outstanding order charges to CV must be paid within the time-frame determined by CV. CV is allowed, if necessary, to collect expenses in the name of the service provider concerned when the constituent has not upheld their payment obligations to this service provider.

4.3 If the constituent fails to comply with the payment term or amount the order will be cancelled by CV. CV has the right to charge for the cancellation costs as per Article 3.5 of these General Terms.

4.4 Possible refunds occur exclusively to the constituent.

4.5 In the event that CV only charges a reservation commission for the implementation of the order, the constituent is obliged to settle the remaining balance directly with the service provider before the use of the reserved services and/or products.
 

5. Liability

5.1 CV will observe the care of good constituent in its activities. Insofar CV fails to deliver on promise and the constituent suffers damages as a result, the total liability of CV has been restricted up to the reservation commission paid for the completion of the order. Possible damages caused by CV must presented to CV in writing within one (1) week.

5.2 CV accepts no liability for operations and/or failures of the service provider concerned (s), nor for the correctness of the information supplied by this (these) service provider (s).

5.3 The information, software, products and services on the website can contain technical incompletion and type errors. CV carries no responsibility for photographs, folders and other information material, published under responsibility of third parties, and as such no rights can be derived from these. A link on the website to an external website, is only placed for the convenience of the constituent and CV accepts absolutely no responsibilities for the information, services and if products which are presented on this external website.

5.4 In case of communication by electronic techniques, among which but not restricted to e-mail and Internet, the constituent risks the transmission of electronic viruses and such and the receipt of incomplete and incorrect information. It is up to the constituent to verify if the message has actually reached CV.

5.5 CV is not responsible for possible promises made by staff or third parties that deviate in a recognizable manner from conditions mentioned in these conditions or in the conditions of the responsible service provider, unless such promises are confirmed in writing afterwards.

5.6 In accordance with Article 3.4 of present conditions the conditions of the service provider concerned apply to the agreement between the constituent and service provider. CV is therefore not responsible for possible shortcomings in the implementation of the services by the service provider.

5.7 The exclusions and/or restrictions to liability of CV mentioned in this article also apply to the staff of CV and/or the third parties integrated by CV.

6. Documents

6.1 The constituent must carry the responsibility to be in the possession of all required documents, such as a valid passport and the possibly required visas, and proof of vaccinations.

6.2 The constituent himself obtain additional information to the authorities concerned and will examine before departure if the earlier information is still correct.

6.3 If the agreement between constituent and service provider cannot be carried out (entirely or partially) because of the lack of (valid) documentation, the direct and indirect consequences hereof come the expense of the constituent.

7. Complaints

7.1 Complaints concerning the implementation of the order must be submitted to CV in writing with argumentation and accompanied with all relevant documentation and proof within one (1) week after the discovery by the constituent, or within one (1) week after the reserved service has taken place or, if service has not found place, up to one (1) after the original date mentioned in the order confirmation for the CV service.

8. Payment

8.1 The constituent who is in default, owes the legal interest chargeable unless the conditions of the service provider concerned demand a higher percentage.

8.2 In addition the constituent will be held to compensate all extrajudicial costs made by CV for the collection of its claim, equal to 15% of the claimed total with a minimum of Nafl. 100. - (say: one hundred Dutch Antillean guilders), while maintaining the right to effectively get (the actual additional) expenses reimbursed.

9. Remaining

9.1 CV reserves the right to modify parts or the entire content of the website to its own insight at every desired moment without preceding notification to the constituent and/or the service provider.

9.2 CV reserves the right to modify parts or the entire contents of these general conditions to its own insight at every desired moment without preceding notification to the constituent and/or the service provider. Constituents and service providers are thus advised consult the conditions regularly.

9.3 All claim rights and other rights or authorities concerning CV or the order placed at CV expire after the course of one (1) year after the moment that the person concerned was informed or could be reasonably be assumed to have informed of the existence of these claim rights or other rights or authorities.

9.4 In the event that one provision in these general conditions would appear entirely or partially invalid, the remaining provisions remain in effect undiminished. Parties will make efforts with regard to the invalid provision to agree on a valid provision, which is closest to the scope of the invalid provision.

10. Disputes and appropriate right

10.1 To the offers and agreements of CV and all agreements which result or coincide from that right, Dutch Antillean law apply.

10.2 Disputes will be exclusively tried in court in first instance at the Court of the Netherlands Antilles, seated in Curacao, notwithstanding the right of CV, the constituent and/or the service provider to summon the constituent before a competent judge in the place of residence and/or place of business of the constituent.