General Terms and Conditions Caribious
Article 1 – Definitions
- In these General Terms and Conditions the following definitions apply:
Caribious: Caribious B.V., registered in the Bonaire Chamber of Commerce under nr. 9796, with its registered office and principal place of business in Bonaire at Kaya Krisolito 62;
Product: Any tour, ticket and/or service, offered for sale by Caribious on behalf of the provider of such tour, ticket and/or service;
Consumer: He/she who purchases (or wants to purchase) a product via Caribious;
User: The consumer and any person designated by the consumer who will make use of the product(s) purchased by the consumer;
Provider: The provider (or his/her representative other than Caribious) of a product offered for sale via Caribious;
Purchase price: The purchase price of a product;
Resources: All information, resources, services, products and tools provided via the Caribious website caribious.com;
Total amount: The purchase price plus any other amount due to Caribious;
Purchase Agreement: The agreement between the provider and the consumer for a product offered for sale by Caribious;
Service Agreement: The agreement between Caribious and the provider for selling a product on behalf of the provider by Caribious;
Written / in writing: On paper and/or via e-mail.
Article 2 – Application
- These General Terms and Conditions apply to all offers, bookings, agreements and performed services relating to all products sold via Caribious. Different terms and conditions, stipulations, arrangements and/or undertakings do not apply unless explicitly confirmed in writing by Caribious.
- Caribious reserves the right to alter the General Terms and Conditions unilaterally. In case of an alteration, Caribious will promptly notify the parties concerned in writing.
Article 3 – Nature of Purchase Agreement
- Caribious acts as an intermediary (onmiddellijk vertegenwoordiger) between provider and consumer for the conclusion of a purchase agreement and is explicitly no party to the purchase agreement. A purchase agreement is entered into by the provider and the consumer.
- Caribious has been authorized by the provider to act on its behalf regarding the sale of its product(s).
- The purchase agreement between provider and consumer concerns the supply of one or more products.
Article 4 – Offers, prices and rates
- All offers, promotions, prices and rates by Caribious on websites, social media and/or brochures of any kind are not binding and subject to acceptance by Caribious and/or provider. Caribious is not bound by any omission or error in its communication and/or publicity.
- Price quotations are subject to change, until a reservation is confirmed by Caribious.
- All prices mentioned are in US Dollar and are inclusive of ABB and any other additional costs.
- All prices mentioned are per person, unless explicitly mentioned otherwise.
- Tips/gratuities, baggage and/or personal insurance, beverages and/or food not described in the product’s description and all other purchases of a personal nature are not included.
Article 5 – Product purchases
- Product purchases can be made via internet; via Caribious’ website, the provider’s website or the website of one of Caribious’ affiliates. A purchase only becomes valid after confirmation in writing by Caribious.
- Product purchases can only be made by persons older than eighteen (18) years.
- Caribious will confirm a product purchase within 24 hours after the purchase request has been made. If the request has not been confirmed within this period, the consumer should contact Caribious promptly.
- All confirmed product purchases are permanent and binding, meaning that in case of cancellation the terms and conditions as set out in article 7 apply.
Article 6 – Payment
- All products must be paid upon confirmation of the product purchase, unless explicitly mentioned otherwise.
- Payments should always be made to Caribious via the payment methods provided by Caribious or one of its affiliates via their website. It is not allowed for a consumer to pay directly to a provider.
- The date that a payment is received by Caribious is considered to be the date of payment.
- In the event a payment due is not received in time, Caribious reserves the right to cancel the purchase or to charge additional administration/collection costs of fifteen percent (15%) of the amount due.
Article 7 – Cancellation, substitution and change by consumer
- Consumer is at any time allowed to cancel the product purchase or to appoint a substitute consumer under the condition that Caribious explicitly agrees with the substitution.
- In case of substitution of consumer, the substitute consumer and the original consumer are jointly and severally responsible for payment of the remaining total amount due to Caribious.
- A cancellation or request for substitution needs to be made in writing to Caribious, by sending a signed Caribious Cancellation Request form to Caribious. The date a cancellation request is received by Caribious is considered to be the date of cancellation. Any cancellation request is only valid after written confirmation by Caribious.
- In case of cancellation of a product purchase, consumer is required to make payment of:
- Twenty-five percent (25%) of the purchase price in case of cancellation within sixty (60) days but no later than fifteen (15) days before the date and time of supply of the product;
- fifty percent (50%) of the purchase price in case of cancellation within fourteen (14) days but no later than eight (8) days before the date and time of supply of the product;
- hundred percent (100%) of the purchase price in case of cancellation within seven (7) days before the date and time of supply of the product;
- Consumer is allowed to request changes to the product purchase. A request for change needs to be done in writing to Caribious and is subject to availability with the provider. A requested change only becomes valid after written confirmation by Caribious and is subject to a USD 30.00 change fee (per change request).
- No refund will be given for any products or parts of products unused by consumer, regardless of circumstances.
Article 8 – Cancellation and change by Caribious
- Caribious (as intermediary) can cancel or alter the purchase agreement between provider and consumer at any time in the event of:
- force majeure, which includes but is not limited to situations of war, strike, natural disaster, extreme weather conditions, fire, death of the provider, et cetera;
- cancellation or change by the provider;
- compelling circumstances, due to which performance of the agreement by Caribious cannot be reasonably required;
- In the event one or more of the above mentioned reasons under ‘b.’ or ‘c.’ occur, but are not due to negligent or culpable behavior of the consumer and/or other users, Caribious will – to the extent possible – try to offer an alternative product to consumer as soon as possible. If no alternative offer can be made, or if consumer does not accept the offered alternative, the total amount paid to Caribious by consumer will be refunded.
- Caribious in any case is not liable for any other damages and/or costs due to cancellation or change of the purchase agreement.
Article 9 – Caribious voucher
- After confirmation of purchase and payment for a product, consumer will receive a unique voucher for each product, which will be provided via a secure webpage hosted by Caribious.
- Consumer must provide this unique voucher to the provider in order to redeem the product.
- To validate the voucher, consumer may be required to present a valid photo ID and/or the credit or debit card used to purchase the product.
- If no voucher is provided or no valid photo ID, credit card or debit card is presented upon request, provider can refuse to provide the product to consumer. In such case consumer is not entitled to another product or to any refund.
Article 10 – Website
- The website owned and operated by Caribious (Caribious.com) is an online service that enables consumers and other users to search, research and book products worldwide.
- By visiting the website and accessing the Resources provided, consumer understands and agrees to use these Resources only for the purposes intended and permitted by (a) these General Terms and Conditions and (b) applicable laws, regulations and generally accepted online practices or guidelines.
- Consumer understands that, in order to access the Resources, he/she may be required to provide certain personal information as part of the registration process, or as part of the ability to use the Resources. Consumer certifies that any information provided is always complete and accurate.
- Consumer is responsible for maintaining the confidentiality of any login information associated with any account used to access the Resources. Accordingly, consumer is responsible for all activities that occur under his/her account(s).
- Customers’ accounts are for personal, non-commercial use only. Any unauthorized use of an account should be reported to Caribious as soon as reasonably possible.
- Caribious Resources may consist of open content, such as blog comments, public chats, message board entries, product reviews, et cetera. Consumer understands that Caribious does not pre-screen or monitor the content posted by consumers and/or other users of the Resources and does not accept liability for the same.
- Caribious is entitled to, at its sole discretion, remove any content that does not comply with (a) these General Terms and Conditions and (b) applicable laws, regulations and generally accepted online practices or guidelines. However, Caribious is not liable for any damages regarding the removal, or failure in the removal, of such content.
- Consumer can terminate and remove his/her account at any time by closing the account via the website. However, after termination, content posted by consumer can remain visible via the Resources.
- Caribious is entitled to, at its sole discretion, remove any account that is used in breach of (a) these General Terms and Conditions and (b) applicable laws, regulations and generally accepted online practices or guidelines. Customer will be notified of such removal by Caribious.
Article 11 – Copyrights / Trademarks
- All Resources made available by Caribious on its website caribious.com and all information made available by Caribious on other websites, social media and/or brochures of any kind are the intellectual property of Caribious or its affiliates or its providers.
- Any use of these Resources and/or information for other purposes than intended by Caribious is prohibited, unless specifically authorized by Caribious. This prohibition includes but is not limited to the reproduction, distribution, display or transmission of any Resources and/or information made available by Caribious.
Article 12 – Liability
- Caribious acts as an intermediary between provider and consumer and therefore cannot be held liable in the event a provider and/or consumer should fail to meet their obligations under the purchase agreement.
- Caribious is not liable for damages due to omission(s) and/or error(s) in offers, promotions, prices and rates from Caribious on websites, social media and/or brochures of any kind, as well as in reservation confirmations and/or purchase agreements.
- Caribious is not liable for damages to be incurred by consumers and/or other users and/or provider due to any cause related to the use and/or supply of a product.
- Caribious is not responsible in case of loss, theft or damage to consumer’s or other users’ property.
- Caribous is not responsible in case of loss, theft or damage to provider’s property.
- Caribious is not responsible for damages and/or inconvenience caused by force majeure or by third parties.
- Consumer and other users of a product designated by consumer are jointly and severally liable for any damages to be incurred due to negligence or noncompliance with the obligations under the purchase agreement, including but not limited to the obligations mentioned in these general terms and conditions.
Article 13 – Jurisdiction
- The agreements between provider and consumer and between Caribious and provider, as well as the services provided by Caribious are governed by the laws of Bonaire.
- The competent court in Bonaire has exclusive competence over any disputes that may arise in connection with these General Terms and Conditions, the purchase agreement, the services provided by Caribious or any agreements between parties that may arise from this.