Article 1 Introductory provisions
-In these travel conditions the following is understood to mean:
Bonaire Paradise; the company that mediates between the traveller and the tour operator in the conclusion of the travel agreement.
Travel agent; the person who, in his own name, offers the public or a group of persons prearranged trips.
Travel agreement; the agreement whereby a travel provider undertakes vis-à-vis the other party to provide a travel package offered by him which includes an overnight stay or a period of more than 24 hours.
Traveller; the other party of the travel provider.
Office hours; 7 days a week from 10:00 to 22:00
-The travel conditions apply to all travel agreements as well as agreements relating to self-drive trips.
Article 2 Company details
Bonaire Paradise V.O.F.
9685 AH Blauwestad
Phone number: +3150 820 09 55
Article 3 Conclusion and contents of agreement
-The agreement is effected by the traveller's acceptance of the offer made by the tour operator. Acceptance takes place through the intermediary of Bonaire Paradise.
-The offer of the tour operator is without obligation and can, if necessary, be revoked. Revocation should take place as soon as possible, but at the latest within 5 working hours after acceptance, without giving reasons. Revocation due to correction of errors in the fare calculation is permitted; revocation due to increase in the fare must meet the requirements of Article 4.
-The traveller shall provide the booking office or tour operator, before or at the latest at the time of concluding the contract, with all information about himself and the travellers he has registered that could be important for the conclusion or execution of the contract. He also reports details of the capacity or composition of the group of travellers he has reported which may be important for the proper execution of the tour by the travel agent. If he fails in his duty to provide information and this results in this/these traveller(s) being excluded by the tour operator from (further) participation in the tour in accordance with Article 11, the costs referred to in that Article shall be charged to him.
-A person who enters into an agreement on behalf of or for another person is severally liable for all obligations ensuing from the agreement. The (other) traveler(s) is (are) liable for his (their) own part.
-Requests for changes by the traveller can, if accepted by the tour operator, be taken into consideration.
-Bonaire Paradise bears no responsibility for photographs, brochures and other information material supplied by the tour operator. Obvious mistakes and obvious errors do not bind the tour operator. Such errors and mistakes are errors and mistakes that - from the perspective of the average traveller - are or should be obvious at first sight.
Article 4 Payment
-At the conclusion of the agreement a down payment of 30% of the total agreed travel sum must be paid.
-The remainder of the payment must be received by the tour operator or Bonaire Paradise at least six weeks before departure. In case of late payment the traveller is in default. If payment is not made, the agreement is considered cancelled. The tour operator is entitled to charge cancellation fees. In that case, the provisions of Article 8 are applicable and the monies already paid will be set off against the cancellation charges.
Article 5 Travel sum
-The published travel sum is per person, unless indicated otherwise. This includes the services and facilities mentioned in the publication.
-The advertised fare is based on the prices, currency rates, levies and taxes as they were known to Bonaire Paradise at the time of printing.
-As long as the full fare has not been paid, the tour operator has the right, up to 20 days before the day of departure, to increase the fare in connection with changes in transportation costs, taxes, levies and applicable exchange rates. The travel agent shall specify the manner in which the increase was calculated.
-The traveller has the right to reject an increase in the travel price. He must exercise this right within 3 working days of receiving notification of the increase. If the traveller rejects the change, the tour operator is entitled to terminate the contract. In that case the traveller is entitled to an immediate refund of any monies already paid.
Article 6 Information
The traveler is responsible for providing information about passports, visas and any health-related formalities. If the traveler cannot make (complete) trip because of the lack of any (valid) document, this and all related consequences shall be for his account.
Article 7 Changes by the traveller
-After conclusion of the contract, the traveller may request changes to the contract. Modifications shall be made as far as possible and, in that case, confirmed in writing. This is subject to the condition that the traveller pays the altered holiday price less any monies already paid.
-In addition, he is obliged to reimburse the change costs of € 15,- per booking and any communication costs.
-Postponement of the departure date or a reduction in the number of paying passengers is regarded as a (partial) cancellation to which
article 8 applies.
Article 8 Cancellation
-In good time prior to the commencement of the journey, the traveller may arrange to be replaced by another person. The following conditions apply:
the other party satisfies all the conditions attached to the agreement; and
the request is submitted at least 7 days prior to departure, or in sufficient time for the necessary actions and formalities to be carried out; and
the conditions of the service providers involved in the execution do not oppose this substitution.
The notifier, the traveller and the person who replaces him/her shall be jointly and severally liable to the tour operator for the payment of the part of the fare still due, the alteration and communication costs referred to in Article 6 and any additional costs resulting from the replacement.
Article 9 Cancellation by the traveller
-If a contract is cancelled, cancellation costs are due.
If cancelled up to 42 days before the day of arrival: 15% of the entire holiday price.
Cancellation from the 42nd day up to the 28th day before the day of arrival: 60% of the holiday price.
Cancellation from the 28th day until the day of arrival: 90% of the holiday price.
Cancellation on the day of arrival or later: the full travel sum.
-The cancellation fees will not exceed the total travel price.
-If the traveler chooses substitution, Article 7 applies.
-For additional services such as car rental or diving services, different cancellation provisions may apply.
-Cancellation of the contract by one or more of the travellers who have jointly booked for a stay; is regarded as cancellation of all contracts, so that the amounts must be paid by all travellers.
-If the other travellers wish, the contract and its terms and costs may be maintained.
-Cancellations by the traveller will only be processed on working days during office hours. Cancellations outside these office hours are deemed to have been made on the next working day.
-In case the rules regarding COVID-19 from the Netherlands, Bonaire or any other country are so strict, that the traveler cannot or may not come to Bonaire, it is possible to cancel free of charge.
-In case a PCR test is required before departure to Bonaire and you test positive on this test, you can cancel free of charge after showing/mailing the positive test result.
Article 10 Cancellation/changes by the tour operator
-The tour operator has the right to change the agreed service on 1 or more essential points due to compelling circumstances. Important circumstances are circumstances of such a nature that further commitment of the tour operator to the agreement cannot reasonably be required. If the reason for the change can be attributed to the traveller, the resulting damage shall be borne by the traveller.
In the event of cancellation by the travel agent, he shall reimburse the price paid. Unless the cancellation is due to abnormal and unforeseeable circumstances beyond the control of the person invoking them and the consequences of which could not have been avoided despite all precautionary measures.
Article 11 Exclusion and limitations of liability Bonaire Paradise.nl | Bonaireexclusief.nl | Bonairevillage.nl
-If the tour operator is liable to the traveller for loss of enjoyment of the journey, the compensation shall not exceed the fare. The exclusions and/or limitations of the liability of the tour operator included in this article also apply to the employees of the tour operator, Bonaire Paradise and the employees of Bonaire Paradise.
-All rights of claim of the traveller expire after three months after the end of the trip.
Article 12 Obligations of the traveller
-The traveller(s) is/are obliged to comply with all instructions by the tour operator to promote the proper execution of the journey and is/are liable for damage caused by his/her/their improper behaviour, to be judged by the standard of behaviour of a proper traveller.
-Every traveller must ascertain the exact time of departure from the travel provider or a designated employee of the travel provider at least 25 hours prior to the indicated departure time for the return journey.
-The traveller who causes or may cause such hindrance or nuisance that the proper execution of a journey is or may be considerably hampered may be barred from continuing the journey by the tour operator, if he cannot reasonably be required to comply with the contract. All resulting costs shall be borne by the traveller.
-The traveller is obliged to avoid or limit as far as possible any damage, in particular by complying with his obligation to report.
Article 13 Interest and collection charges
-If the traveller has not timely fulfilled a financial obligation to the tour operator, he shall owe statutory interest on the amount still due. In addition, he shall be required to pay extrajudicial collection costs equal to 15% of the amount claimed, unless this amount cannot fully cover the collection work.
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