Klein Curacao Yacht Beach Experience

IMPORTANT: THESE TERMS AND CONDITIONS APPLY IN RELATION TO EXCURSIONS, TOUR OPERATORS, AND OTHER SERVICES FOR YOU AND ANYONE TRAVELING WITH OR THROUGH YOU (COLLECTIVELY AND INDIVIDUALLY THE "GUEST") AND MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.YOUR ACCEPTANCE OF TICKETS OR VOUCHERS AND PURCHASE FROM SUNISLAND ROUTES AND/OR ISLAND ROUTES TOURS CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS  (THE "CONTRACT").                                                                                                                                    
TAKE NOTICE:

• Some tours are physically demanding and are not suitable for the infirm, individuals with heart condition, women who are pregnant or the physically challenged. Tour times and dates may vary based on volume or availability. To the exclusion of tours identified at www.islandroutes.com as being owned by Sunisland Routes and/or Island Routes Tours, there exists no relationship of master and servant or of agency between the Operators of tours and Sunisland Routes and/or Island Routes Tours, or the hotel. Island Routes Tours, and the hotel, do not operate the tours, and for these purposes, the Operators of tours are independent contractors.  The Operators of tours are solely responsible for their acts and omissions and Island Routes Tours, and the hotel, assume no responsibility for such acts and omissions, or for any injury, loss, damage, sickness or accidents sustained on any of the tours offered for sale, including but not limited to any that occur on and/or during the tour, as well as before and after as part of and/or during transport to/from the tour again, to the exclusion of tours identified as being owned by Sunisland Routes and/or Island Routes Tours.
• Without any exclusion, however, Sunisland Routes and/or Island Routes Tours, and the hotel, shall not assume any responsibility for injury, loss or damage to any person that voluntarily participates in cliff diving at any location, including but not limited to Dunn’s River Falls or Rick’s Café, and/or to any person who voluntarily stops as part of and/or during transport to/from a tour at an unintended destination, meaning one that is separate and apart from the scheduled tour and/or destination. Individuals proceeding in such manner assume any and all responsibility and risk, as this is not a recommended activity.
• Guests acknowledge that certain tours take place in natural environments and may involve inherent risks, including but not limited to uneven terrain, water conditions, weather changes, and encounters with wildlife or animals. Such animals may behave unpredictably and interaction with wildlife is not recommended. Participation in any such activities is undertaken voluntarily and at the Guest’s own risk Sunisland Routes and/or Island Routes Tours and/or the hotel shall not be liable for any injury, loss, damage, or illness arising from such inherent risks or from any interaction with wildlife or animals, except to the extent caused by their own negligence.
• Sunisland Routes and/or Island Routes Tours, and the hotel, in addition, shall not assume any responsibility for the loss or damage to money, jewelry, clothing or other valuables that have not been tendered to Management for safe keeping. Please note, for your safety, Guest will not be allowed to participate in helicopter tours and/or transfers if they have undertaken any diving exercise within 24hrs prior to departure of said tour/transfer.                                                                                                                                                        

GENERAL

• LIMITATION OF DAMAGES: Guest HEREBY ACKNOWLEDGES AND AGREES that Sunisland Routes and/or Island Routes Tours, and the hotel, their parent corporation, affiliates, subsidiaries, insurers, directors, officers, employees, successors, assigns, agents or representatives, SHALL NOT BE LIABLE to Guest for liabilities, claims, actions, damages, cost or expense in any circumstances, for: (A) ANY PERSONAL INJURIES OR PROPERTY DAMAGE ARISING OUT OF OR CAUSED BY ANY ACT OR OMISSION ON THE PART OF ANY Guest(s) and/or Operators of tours, excluding tours identified as being owned by Sunisland Routes and/or Island Routes Tours; (B) EMOTIONAL DISTRESS, MENTAL SUFFERING, OR PSYCHOLOGICAL INJURY OF ANY KIND; OR (C) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES. This specifically includes but is not limited to liabilities, claims, actions, damages, cost or expense ARISING OUT OF OR CAUSED BY food or drink consumed at third party facilities belonging to third party Operators of tours.
• VENUE AND CHOICE OF LAW:  ALL CLAIMS WHATSOEVER AGAINST SUNISLAND ROUTES AND/OR ISLAND ROUTES TOURS, ITS AFFILIATES, PARENT COMPANY, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS, ARISING  FROM, IN CONNECTION WITH, OR INCIDENTAL TO THE CONTRACT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO THE FORMATION, INTERPRETATION, CONSTRUCTION, WAIVER, MODIFICATION, PERFORMANCE, DISCHARGE, OR BREACH OF THE CONTRACT, OR THE EXISTENCE, EXTENT, OR BREACH OF ANY FIDUCIARY DUTY, OR ANY DUTY IN TORT OR PURSUANT TO ANY STATUTE, SHALL BE LITIGATED SOLELY AND EXCLUSIVELY IN THE COUNTRY IN WHICH THE EXCURSION AND/OR TOUR IS OPERATED, AND SHALL BE GOVERNED BY THE LAWS OF THE COUNTRY IN WHICH THE EXCURSION AND/OR TOUR IS OPERATED WITHOUT REGARD TO THE CHOICE OF LAW PRINCIPLES THEREOF.  Initials(s)                           ______________________                                               
• USE OF GUEST’S LIKENESS: The undersigned Guest(s) irrevocably consents to and authorizes the use and reproduction by Sunisland Routes and/or Island Routes, or anyone authorized by Island Routes, of any and all photographic, video and other visual portrayal(s) of the undersigned Guest(s), their child or ward, for any purpose whatsoever, including but not limited to use in magazines, brochures, flyers, television, internet, and websites displays without further reference or compensation. All rights, title and interest therein (including all worldwide copyrights therein) shall be the sole property of Sunisland Routes and/or Island Routes, or anyone authorized by Island Routes, free from any claims by the undersigned Guest(s) and or any person deriving any rights or interest from such Guest, AND each undersigned Guest(s) UNDERSTANDS AND HEREBY KNOWINGLY AND VOLUNTARILY SO AGREES.
• COMPLIANCE WITH LOCAL LAW: Guest is responsible for complying with all applicable laws and regulations of the destination and all rules, policies, (“Local Laws”) as well as and safety instructions issued by any tour operator or site at which the tour takes place (“Tour Rules”). Neither Sunisland Routes and/or Island Routes Tours, no Tour Supplier, nor the hotel has any duty to inform or warn the Guest of such Local Laws, and the Guest remains responsible for complying with the Local Laws and Tours Rules at all times. Failure to comply with the Local Laws and/or Tour Rules may result in removal from the tour without refund. To the fullest extent permitted by law, Guest shall indemnify and hold harmless Sunisland Routes and/or Island Routes Tours, its affiliates, Tour Suppliers, and the hotel from any claims, losses, or damages arising from the Guest’s breach of this clause or non-compliance with Local Laws and Tour Rules.
• TOUR NECESSITIES: Aqua Shoes, Cash, Swimwear, Camera, Towel, Sunblock, Headwear, Bottled Water, Sneakers, Driver’s License.
• TAXES: Prices include tax where applicable.
• SPECIAL REQUESTS: Sunisland Routes and/or Island Routes Tours cannot guarantee that it will satisfy special requests and we are not responsible if such requests are not met.
• PERSON WITH DISABILITIES: Sunisland Routes and/or Island Routes Tours cannot guarantee that transfer vehicles or tour sites are wheelchair accessible. However, if informed, we will endeavor to make the necessary arrangements. This may however come at an additional cost.

The undersigned confirms that they have read, understood, and accepted the above clauses and agree that they apply to any minor(s) (under 18) accompanying them, for whom they act as parent or legal guardian, and on whose behalf they sign. The undersigned further warrants that they have authority to accept these clauses on behalf of all members of their travelling party under this Contract and that all participants meet any applicable age requirements for the tour.
 
GUEST SIGNATURE ______________________

CANCELLATION POLICY
 
Cancellation by Guest- cancellation charges depend on when Sunisland Routes and/or Island Routes Tours receives notice of the cancellation.
 
Standard Tours
We require at least 4 days’ cancellation notice prior to your scheduled tour date; otherwise, cancellation fee will be applied against your total amount as outlined below;      
•                  3 days prior to tour date: 25% cancellation fee
•                  2 days prior to tour date: 50% cancellation fee
•                  1 day prior to tour date: No Refund
All cancellations or changes are subject to applicable restrictions. Sunisland Routes and/or Island Routes Tours will apply any payments made toward the purchase price against any cancellation charges and will refund any balance remaining after the payment of any charges. In order to receive a refund, if applicable, client must request and receive a cancellation confirmation number. The cancellation charges outlined above are liquidated damages and not a penalty. Holiday periods may be subject to additional cancellation charges. NO REFUNDS OR ADJUSTMENTS WILL BE MADE FOR ANY PORTION OF TOUR OR ATTENDANT SERVICES NOT UTILIZED.
 
Cancellation by the Company- Sunisland Routes and/or Island Routes Tours reserves the right to cancel, reschedule, or modify any tour due to operational requirements, safety concerns, weather conditions, insufficient participation, or circumstances beyond its reasonable control. Where a tour is cancelled due to circumstances beyond Island Routes’ reasonable control, Island Routes may offer an alternative tour/date. If no such alternative is offered or accepted, a refund of amounts paid for the affected tour shall be provided. Except as expressly stated above, Island Routes shall have no further liability in connection with any cancellation or modification.