GENERAL TERMS AND CONDITIONS – PRIVATE GUIDED TOURS BONAIRE

OYA Bonaire BV.

Article 1: Applicability

1.1. These General Terms and Conditions apply to every booking, assignment, agreement, and participation in tours and activities offered by OYA Bonaire BV, trading under the name Private Guided Tours Bonaire, hereinafter referred to as: “PGTB”.

1.2. These terms and conditions also apply to all persons working for or on behalf of PGTB, including employees, freelance guides, drivers, subcontractors, and other auxiliary personnel.

1.3. The applicability of other general terms and conditions is expressly excluded, unless otherwise agreed in writing.

Article 2: The assignment

2.1. All assignments and bookings are accepted and executed by PGTB.

2.2. PGTB reserves the right to assign tours and activities to qualified freelance guides, drivers, or subcontractors.

2.3. No rights can be derived from the expectation that a specific guide, a specific vehicle, or a specific staff member will conduct the tour.

2.4. The applicability of Articles 7:404, 7:407 and 7:409 of the Civil Code of the BES is expressly excluded.

Article 3: Nature of the tour

3.1. All tours are private, guided tours and should not be considered as taxi, transfer, or transport services.

3.2. Routes, programs, stops, snorkeling locations, and the content of the tour may vary depending on weather conditions, sea conditions, traffic, safety considerations, the physical condition of participants, operational conditions, and the assessment of the guide.

3.3. Snorkeling locations are selected on the day of the tour based on safety and environmental conditions.

3.4. PGTB provides no guarantee on:

specific weather conditions;

underwater visibility;

calm sea conditions;

seeing wild animals;

seeing turtles;

seeing flamingos;

or specific nature experiences.

3.5. PGTB reserves the right to modify, shorten, postpone, or terminate activities if this is deemed necessary for safety or operational reasons.

Article 4: Participation and risk

4.1. Participation in all tours and activities is entirely at the participant's own risk.

4.2. Tours and activities may include, among other things, the following:

walking on uneven terrain;

entering and exiting vehicles;

smooth surfaces;

exposure to heat and sun;

natural environments;

conditions in open water;

encounters with marine animals;

and other inherent risks associated with outdoor activities and snorkeling.

4.3. For certain activities, including snorkeling activities, participants may be required to sign an additional waiver and liability statement prior to participation. Participation may be refused if the required statement is not completed and signed.

4.4. PGTB reserves the right to refuse, terminate, or modify participation at any time if the following regarding a participant is deemed unsafe or unsuitable for participation:

behavior;

physical condition;

swimming proficiency;

medical condition;

or general fitness.

4.5. No refund will be given if participation is refused or terminated for safety reasons or due to failure to follow instructions.

Article 5: Transport

5.1. Transportation may be provided by PGTB or by freelance guides using their own vehicles.

5.2. Participants acknowledge that transportation is part of the guided tour experience and accept the associated risks.

5.3. PGTB is not liable for incidents occurring during transport, except in cases of intent or gross negligence as defined in applicable law.

5.4. Participants enter and exit vehicles entirely at their own risk.

5.5. Participants leave personal belongings in vehicles entirely at their own risk.

Article 6: Liability

6.1. Participation in tours and activities offered by PGTB entails inherent risks.

6.2. To the extent permitted by law, PGTB is not liable for:

damage;

disease;

allergic reactions;

drowning;

death;

accidents;

damage to property;

theft;

delays;

missed flights or cruises;

or any direct, indirect or consequential damage,

unless such damage is caused by intent or gross negligence on the part of PGTB as described in the applicable law.

6.3. PGTB is not responsible for:

personal belongings;

valuable items;

electronics;

passports;

cash;

jewellery;

cameras;

telephones;

or other items that are brought along during the tour.

6.4. Participants must follow all instructions from PGTB and its guides at all times. Failure to follow instructions may result in the immediate termination of participation without refund.

6.5. Any liability of PGTB is in all cases limited to the amount actually paid out under PGTB's liability insurance.

6.6. If, for any reason whatsoever, no insurance payout occurs, liability is limited to the amount the participant has paid for the relevant tour or activity.

6.7. All limitations of liability in these terms and conditions also apply to guides, drivers, freelancers, subcontractors, and all persons working on behalf of PGTB.

Article 7: Obligations of the participant

7.1. Participants are responsible for their own:

safety;

physical condition;

swimming proficiency;

medical fitness;

behavior;

and personal belongings.

7.2. Participants must follow all instructions from PGTB and its guides immediately and at all times.

7.3. Participants are advised not to bring valuable items during tours and activities.

7.4. Participants are themselves responsible for taking out an adequate:

travel insurance;

medical insurance;

and coverage for activities.

7.5. Participants remain personally responsible for assessing whether participation is appropriate in view of their personal health and physical condition.

Article 8: Rates and payment

8.1. The prices are as stated on the website or as agreed at the time of booking.

8.2. Bookings are only confirmed after:

receipt of payment;

written confirmation;

or a confirmed reservation via an official booking platform.

8.3. PGTB does not retain availability without confirmation.

8.4. PGTB reserves the right to adjust rates before a booking is confirmed.

Article 9: Cancellation

9.1. Cancellations up to 24 hours before the start of the tour are free of charge, unless otherwise stated.

9.2. Cancellations within 24 hours prior to the start of the tour and no-shows are not eligible for a refund.

9.3. Different cancellation conditions may apply to bookings made via external booking platforms.

9.4. If a cruise ship is unable to dock at Bonaire, the full amount will be refunded.

9.5. If PGTB has to cancel or terminate a tour due to:

weather conditions;

sea conditions;

safety risks;

force majeur;

operational conditions;

illness of the guide;

or other circumstances beyond the reasonable sphere of influence of PGTB,

may, at the discretion of PGTB, be offered an alternative date, an alternative activity, or a refund.

Article 10: Cruise Passengers

10.1. PGTB plans tours carefully with the aim of enabling a timely return to the cruise ship.

10.2. PGTB is not liable for delays caused by circumstances beyond its reasonable control, including:

traffic;

weather conditions;

port activities;

road closures;

accidents;

government measures;

or situations of force majeure.

10.3. Participants remain responsible for their own timely return to their cruise ship.

Article 11: Health and fitness

11.1. Participants are personally responsible for ensuring that they are physically, mentally, and medically fit to participate.

11.2. Relevant medical conditions, injuries, limitations, or disabilities must be reported prior to participation.

11.3. For snorkeling activities, participants:

must be able to swim independently;

must be able to enter and exit the water without assistance;

and must feel comfortable in open water.

11.4. The use of flotation devices or life jackets does not replace the requirement that participants must be physically capable of participating independently.

11.5. PGTB and its guides do not provide medical supervision, lifeguard, or rescue services comparable to professional emergency services.

11.6. PGTB reserves the right to refuse or terminate participation in snorkeling activities at any time if safety cannot reasonably be guaranteed.

11.7. No refunds will be given if participation is refused or terminated for safety reasons.

Article 12: Force Majeure

12.1. PGTB is not liable for failures, delays, changes, or cancellations resulting from circumstances beyond its reasonable control, including but not limited to:

weather conditions;

sea conditions;

natural disasters;

traffic;

accidents;

disease;

government measures;

strikes;

technical malfunctions;

utility outage;

emergency situations;

or other force majeure situations.

Article 13: Media, privacy and intellectual property

13.1. Photos and videos taken during tours may be used by PGTB for promotional purposes, including:

website;

social media;

online marketing;

advertisements;

and printed promotional materials,

unless participants object to this in advance.

13.2. Underwater photographs and other media produced by PGTB remain the intellectual property of PGTB, unless otherwise agreed in writing.

13.3. Personal data is used exclusively for:

communication;

booking administration;

processing of indemnity statements;

operational purposes;

and execution of the booked services.

13.4. Personal data will not be shared with third parties unless this is necessary for operational purposes or required by law.

Article 14: Other provisions

14.1. These terms and conditions, together with booking confirmations and any signed indemnification statements, constitute the entire agreement between PGTB and the participant.

14.2. PGTB reserves the right to amend or update these general terms and conditions at any time.

14.3. The most recently published or shared version applies to all bookings and agreements.

14.4. If any provision of these general terms and conditions is deemed invalid or unenforceable, the remaining provisions shall remain fully valid and enforceable.

Article 15: Applicable law and competent court

15.1. All agreements and disputes shall be exclusively governed by the law of the Caribbean Netherlands, the BES islands.

15.2. Any disputes shall be submitted exclusively to the competent court on Bonaire.