General Terms and Conditions Excursions Bonaire
Article 1 – Definitions
1. In these General Terms and Conditions the following definitions apply:
Product: Any tour, ticket and/or service, offered for sale by Excursions Bonaire on behalf of the provider of such tour, ticket and/or service;
Consumer: He/she who purchases (or wants to purchase) a product via Excursions Bonaire;
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 Excursions Bonaire) of a product offered for sale via Excursions Bonaire;
Purchase price: The purchase price of a product;
Resources: All information, resources, services, products and tools provided via the
Excursions Bonaire website www.excursionsbonaire.com;
Total amount: The purchase price plus any other amount due to Excursions Bonaire;
Purchase Agreement: The agreement between the provider and the consumer for a product offered for sale by Excursions Bonaire;
Service Agreement: The agreement between Excursions Bonaire and the provider for selling a product on behalf of the provider by Excursions Bonaire;
Written / in writing: On paper and/or via e-mail.
Article 2 – Application
1. These General Terms and Conditions apply to all offers, bookings, agreements and
performed services relating to all products sold via Excursions Bonaire. Different terms and conditions, stipulations, arrangements and/or undertakings do not apply unless explicitly confirmed in writing by Excursions Bonaire.
2. Excursions Bonaire reserves the right to alter the General Terms and Conditions
unilaterally. In case of an alteration, Excursions Bonaire will promptly notify the parties concerned in writing.
Article 3 – Nature of Purchase Agreement
1. Excursions Bonaire 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.
2. Excursions Bonaire has been authorized by the provider to act on its behalf regarding the sale of its product(s).
3. The purchase agreement between provider and consumer concerns the supply of one or more products.
Article 4 – Offers, prices and rates
1. All offers, promotions, prices and rates by Excursions Bonaire on websites, social media and/or brochures of any kind are not binding and subject to acceptance by Excursions Bonaire and/or provider. Excursions Bonaire is not bound by any omission or error in its communication and/or publicity.
2. Price quotations are subject to change, until a reservation is confirmed by Excursions Bonaire.
3. All prices mentioned are in US Dollar and are inclusive of ABB and any other additional costs.
4. All prices mentioned are per person, unless explicitly mentioned otherwise.
5. 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
1. Product purchases can be made via internet; via Excursions Bonaire’ website, the provider’s website or the website of one of Excursions Bonaire’ affiliates. A purchase only becomes valid after confirmation in writing by Excursions Bonaire.
2. Product purchases can only be made by persons older than eighteen (18) years.
3. Excursions Bonaire will confirm a product purchase within 48 hours after the purchase request has been made. If the request has not been confirmed within this period, the consumer should contact Excursions Bonaire promptly.
4. 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
1. All products must be paid upon confirmation of the product purchase, unless explicitly mentioned otherwise.
2. Payments should always be made to Excursions Bonaire via the payment methods provided by Excursions Bonaire or one of its affiliates via their website. It is not allowed for a consumer to pay directly to a provider.
3. The date that a payment is received by Excursions Bonaire is considered to be the date of payment.
4. In the event a payment due is not received in time, Excursions Bonaire 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
1. Consumer is at any time allowed to cancel the product purchase or to appoint a substitute consumer under the condition that Excursions Bonaire explicitly agrees with the substitution.
2. 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 Excursions Bonaire.
3. A cancellation or request for substitution needs to be made in writing to Excursions Bonaire. The date and time a cancellation request is received by Excursions Bonaire is considered to be the date and time of cancellation. Any cancellation request is only valid after written confirmation by Excursions Bonaire.
4. In case of cancellation of a product purchase, consumer is required to make payment of:
Free cancellation if received up to 15 days prior to tour. departure
25% charge if received 14 to 7 days prior to tour departure
50% charge if received 6 to 2 days prior to tour departure
100% 48 hours prior to tour departure
Article 8 – Cancellation and change by Excursions Bonaire
A)Excursions Bonaire (as intermediary) can cancel or alter the purchase agreement between provider and consumer at any time in the event of:
1. force majeure, which includes but is not limited to situations of war, strike, natural disaster, extreme weather conditions, fire, death of the provider, etcetera;
2. cancellation or change by the provider;
3. compelling circumstances, due to which performance of the agreement by
Excursions Bonaire cannot be reasonably required;
B) 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, Excursions Bonaire 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 Excursions Bonaire by consumer will be refunded.
2. Excursions Bonaire in any case is not liable for any other damages and/or costs due to cancellation or change of the purchase agreement.
Article 9 – Excursions Bonaire voucher
1. 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 Excursions Bonaire.
2. Consumer must provide this unique voucher to the provider in order to redeem the product.
3. 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.
4. 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
1. The website owned and operated by Excursions Bonaire (www.excursionsbonaire.com) is an online service that enables consumers and other users to search, research and book products worldwide.
2. 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.
3. 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.
4. 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).
5. Customers’ accounts are for personal, non-commercial use only. Any unauthorized use of an account should be reported to Excursions Bonaire as soon as reasonably possible.
6. Excursions Bonaire Resources may consist of open content, such as blog comments, public chats, message board entries, product reviews, et cetera. Consumer understands that Excursions Bonaire 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.
7. Excursions Bonaire 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, Excursions Bonaire is not liable for any damages regarding the removal, or failure in the removal, of such content.
8. 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.
9. Excursions Bonaire 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 Excursions Bonaire.
Article 11 – Copyrights / Trademarks
1. All Resources made available by Excursions Bonaire on its website www.excursionsbonaire.com and all information made available by Excursions
Bonaire on other websites, social media and/or brochures of any kind are the intellectual property of Excursions Bonaire or its affiliates or its providers.
2. Any use of these Resources and/or information for other purposes than intended by Excursions Bonaire is prohibited, unless specifically authorized by Excursions Bonaire. This prohibition includes but is not limited to the reproduction, distribution, display or transmission of any Resources and/or information made available by Excursions Bonaire.
Article 12 – Liability
1. Excursions Bonaire 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.
2. Excursions Bonaire is not liable for damages due to omission(s) and/or error(s) in offers, promotions, prices and rates from Excursions Bonaire on websites, social media and/or brochures of any kind, as well as in reservation confirmations and/or purchase agreements.
3. Excursions Bonaire 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.
4. Excursions Bonaire is not responsible in case of loss, theft or damage to consumer’s or other users’ property.
5. Excursions Bonaire is not responsible in case of loss, theft or damage to provider’s property.
6. Excursions Bonaire is not responsible for damages and/or inconvenience caused by force majeure or by third parties.
7. 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
1. The agreements between provider and consumer and between Excursions Bonaire and provider, as well as the services provided by Excursions Bonaire are governed by the laws of Bonaire.
2. 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 Excursions Bonaire or any agreements between parties that may arise from this.