GENERAL TERMS & CONDITIONS CURAÇAO DOLPHIN ACADEMY N.V. (CDA)
CDA’s General Terms and Conditions are exclusively applicable to all of CDA’s contracts, services and obligations. These General Terms and Conditions have been filed at the Court registry in Curacao (registered under number 48/2008) and can be downloaded from our website: www.dolphin-academy.com.
A copy will also be provided by e-mail, regular mail or fax upon request.
Article 1. Definitions
Definitions and their meanings mentioned in these general terms & conditions:
Participant: the Participant in the Dolphin Program, also Principal or, where applicable (minor participant/legally incapable participant) legally represented by Principal.
Facilities: the facilities in use by CDA, for the benefit of the Dolphin programs, including the buildings, platforms and basins.
CDA: the user of these general terms and conditions
Principal: the contractual partner of CDA (Participant or where applicable his/her parents or guardians or other legal representative).
Cost of Dolphin Program: the costs that CDA charges for the dolphin programs and any possible complementary services.
Program period: the period, agreed to between CDA and principal, during which the Participant will participate in the Dolphin program.
Dolphin Program: The Dolphin Encounter, Dolphin Swim, Dolphin Snorkel, Dolphin Dive, Assistant Trainer Course or Dolphins in Depth Course or other dolphin programs offered by CDA.
Article 2. Applicability of these conditions
These conditions are applicable to all aspects of the Dolphin Programs and to all agreements between CDA and Principal, unless both parties agreed to deviate from these conditions explicitly and in writing.
These conditions are also applicable to all agreements entered into with CDA for which a third party is engaged, and also to all complementary services offered by CDA.
The conditions have been translated by CDA to the English language. In case of a difference in interpretation of these conditions, the Dutch text will prevail.
Article 3. Dolphin programs CDA
The Dolphin programs are intended as an interactive way for humans to meet dolphins in a manner that is responsible for both humans and dolphins. The programs offered by CDA are not meant to be a medical treatment for curing illness and/or other medical disorders.
Article 4. Duty of Principal to provide information
Because the interaction with dolphin is in open (sea)water, the Dolphin Programs are not suitable for everyone and participants have to meet certain demands.
The Principal will ensure that all information and demands concerning Participant, as indicated by CDA to be necessary (and as mentioned in CDA’s Liability Release and Express Assumption of Risk form), or which the Principal within reason should know to be important for the fulfillment by CDA of the agreement, are provided before participation in the Dolphin Program.
The Principal is further obligated to inform CDA as soon as possible when there are any changes in the previously provided information concerning Participant.
CDA relies on the medical information and Liability Release and Express Assumption of Risk form signed by Principal to evaluate if the Dolphin Program is suitable for the (intended) Participant. CDA is therefore dependant on the information provided by the Principal to CDA or one of our cooperating booking agencies.
In case the information required for the execution for the agreement is not received by CDA in time and/or incomplete and/ or incorrect, CDA has the right to suspend the agreement at any given moment and/or, at its discretion, to refrain from execution of the agreement. In this case CDA has no obligation to reimburse any payment already made by Principal.
Article 5. Execution of the agreement
CDA will execute the agreement to the best of its ability and in accordance with the demands of good expertise and within the basis of the known state of the art/science. When required for the proper execution of the agreement, CDA has the right to contract third parties for certain tasks.
Article 6. Limited Liability
Accuracy of supplied information
CDA is not liable for any damage, of whatever nature, which is the result of the fact that CDA received incorrect and/or incomplete information from the Principal. CDA has the rights to refuse participation in the Dolphin program based on information received from Principal (and/or lack or incorrectness of information). CDA has the right to cancel the participation in a program after its start if employee of CDA states that the demands for participation in the dolphin program are not met, even if stated by Principal that they are.
Interaction with Dolphins
CDA uses dolphins for the benefit of the Dolphin program. Even though the dolphins are specially trained for the Dolphin programs and CDA uses great care to prevent accidents, dolphins will always remain wild animals and can behave unpredictably. By taking part in the Dolphin program, Principal accepts, also on behalf of Participant, to take the risks that are inherent to the interaction with dolphins in water.
Proximity of (open) seawater
The facilities of CDA are located on the Curaçao Sea Aquarium premises and are surrounded by seawater. The Dolphin Program is conducted in and near (open) seawater with all the risks connected to that fact, including the risk of drowning. Participants of the Dolphin Swim program who are under the age of 15 are obliged to wear a life jacket or buoyancy device, supplied by CDA, during the parts of the Dolphin Swim program in and/or near (open) water.
Principal is responsible for continuous supervising Participant and to ensure that Participant cannot come in the vicinity of (open) water unsupervised. CDA does not accept any responsibility for damage caused by contact of Participant with seawater.
The Liability of CDA, as far as it is covered by its liability insurance, is limited to the amount paid out by the insurance company. In case the insurance company does not pay or the damage is not covered by the insurance, the liability of CDA is limited to twice the costs of the Dolphin Program. CDA is never liable for any consequential damage.
Article 7. Conditions of Payment
The total cost of the Dolphin Program must be paid by the Principal before the start of the program. The total cost of the Dolphin program must be paid in no more than two installments: (i) one amount as down payment to confirm the reservation an (ii) the balance of the amount on arrival at the CDA.
The costs of the Dolphin programs are reviewed annually by CDA and will be published on its website (www.dolphin-academy.com). Payment must be made in the currency as invoiced. All costs connected to the payment are for the account of Principal.
The amount requested as a down payment must be received by CDA or one of its cooperating booking agencies upon the request for the reservation. The down payment can also be settled in the form of a guarantee by credit card information. The credit card will not be charged unless the Principal does not show up for the requested Dolphin program without prior cancellation or rescheduling of at least 24 hours.
Balance of the payment
The balance of the total cost of the Dolphin program must be received by CDA before the start of the Dolphin program.
CDA has the right to dissolve the agreement with Principal in the case of late payment of any of the installments.
In case of liquidation, bankruptcy or suspension of payment of Principal, all amounts owed by Principal to CDA will be immediately fully due and payable.
The payments already made by Principal will first be applied against all indebted interests and costs and secondly against the costs of the Dolphin program.
Article 8. Cancellation
Cancellation of a confirmed reservation can only be done up till 24 hours in advance of the start of the Dolphin program, and can be done by (in)direct phone contact or email contact. The cancellation is only valid after confirmation of cancellation by CDA.
For a cancellation that occurs within 24 hours before the start of the program, the full amount of the cost for the reserved Dolphin program will be charged.
Whenever possible CDA will reschedule the Participant for the first available period.
Article 9. Force Majeure
In these general terms and conditions, force majeure is held to include – not withstanding the meaning given to the term ‘force majeure’ in the laws and jurisprudence of the Netherlands Antilles – any and all circumstances beyond one’s control, foreseen or not foreseen, on which CDTC does not have any influence and that leads to a situation in which CDA cannot meet its obligations. CDA has the right to invoke force majeure, even if the circumstances that leas to ‘force majeure’ arise after a circumstance has arisen that can be attributed to CDA.
During ‘force majeure’ CDA’s obligations are suspended. In the situation that the period of time during which CDA cannot fulfill her obligations is longer than the program period, both parties are entitled to dissolve the agreement.
Article 10. Payment refund
Unless agreed to differently by CDA and Principal, the program costs are based on the nature of the Dolphin program.
In case a dolphin program has to be cancelled, CDA will always try to plan a new dolphin program.
Restitution of (part of) the Program costs is only offered in agreement with CDA, is subject to the reason for cancellation and is always limited to the program costs paid for the Dolphin Program that was cancelled.
In case one or more dolphin programs have to be cancelled due to the fact that the principal provided incorrect and/ or incomplete information on the Participant, CDA is not obliged to perform make up programs or refund any part of the program costs.
CDA is not liable for missing or incorrect information given by or mistakes made by cooperating booking agencies, and is therefore not obliged to perform make up programs or refund any costs should these occur.
Article 11. Intellectual property
All data / information provided by CDA, like reports , letters of recommendations, designs, drawings, software, photo’s, video’s, etcetera, are intended solely to be used by Principal. Without the written previous consent of CDA it is not permitted to copy, publish or make this data / information available to third parties. CDA reserves the right to use facts /information concerning Participant resulting of execution of CDA’s tasks, including visual material, for promotion and research.
Article 12. Dispute settlement and applicable law
All agreements, to which these general terms and conditions apply, are subject to Netherlands Antilles law. Any and all disputes will be exclusively submitted to the competent court in Curaçao, Netherlands Antilles, notwithstanding the right of the contracting parties to institute a preliminary relief proceeding in urgent situations.
Article 13. Filing
These general terms and conditions have been filed at the office of the court registry of the Court of First Instance, Willemstad, Curaçao. The latest version as filed at the office of the Court of First Instance will always apply, casu quo the versions that was valid at the time of entering the agreement.