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Kunuku Aqua Resort

Terms & Conditions

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APPLICATION

1.1 These General Terms and Conditions apply to all offers, reservations and agreements relating to all accommodations and other facilities that are rented by Kunuku Aqua Resort or companies booked through them.

1.2 In these General Terms and Conditions, the term ‘tenant’ is understood to mean: the person who concludes an agreement with Kunuku regarding rental / use of accommodation. The term ‘user’ is understood to mean: the tenant and the persons specified by the tenant who (will) use the accommodation rented by the tenant and / or other facilities.

1.3 These General Terms and Conditions apply regardless of any (prior) reference to any other terms and conditions or to other general terms and conditions. Kunuku rejects any other Terms and Conditions that one might refer to but are not set up by Kunuku.

1.4 Agreements deviating from these General Terms and Conditions are only valid if agreed in writing.

RESERVATIONS

2.1 Kunuku only handles reservations from individuals who are 18 years of age or older. Reservations by persons younger than that age are therefore not valid.

2.2 Kunuku only takes reservations from 2 nights onward.

2.3 If Kunuku processes your reservation, Kunuku will send you a written confirmation, as well as an invoice within 14 days after the reservation has been made. You must check this for accuracy immediately after receipt. Any inaccuracies must be communicated immediately to Kunuku.

2.4 If you have not received a written confirmation/invoice within 14 days of making the reservation, you must contact the reservations department without delay; if you fail to do so, the reservation cannot be invoked.

2.5. An agreement is concluded between you and Kunuku whereby Kunuku rents out the accommodation, owned by third parties, to you. Kunuku has acquired the right to do so through an irrevocable agreement with the owner and is authorized to conclude agreements with tenants on behalf of the owner with tenants regarding rental.

2.6. An agreement is concluded between you and Kunuku at the moment that Kunuku has also sent the written confirmation of your reservation to you, as well as the invoice.

2.7. The agreement concerns the rental of accommodations and / or other facilities for recreational use, which by its nature is of short duration.

CHANGES TO THE AGREEMENT

3.1 If, after the conclusion of the agreement, you wish to make changes to the agreement, Kunuku is not obliged to accept them. It is Kunuku’s free choice to determine whether and to what extent these changes are accepted by Kunuku. In case Kunuku accepts your changes, Kunuku may charge you a change fee.

SUBSTITUTION

4.1 The entrepreneur, the tenant and/or other users are not permitted to hand over the accommodation under any name whatsoever and for whatever reason to others than the persons mentioned in the agreement in use, unless otherwise agreed in writing with Kunuku.

4.2 If you and Kunuku have agreed that you and/or one or more users will be replaced, in addition to the tenant and/or users who replace you and/or other users, you remain jointly and severally liable to Kunuku for the payment of the part of the rent still due, the change costs (see art. 3.1) and any additional costs resulting from the replacement and any cancellation costs..

RATES

5.1 You owe Kunuku the agreed rental price, as stated in the written confirmation, as stated in the invoice of the reservation. If the costs of Kunuku (personnel, energy, taxes, etc.) have demonstrably and unforeseenly increased after the conclusion of the agreement, Kunuku has the right to increase its prices and to charge you the increased price. If this price increase will be implemented within 3 months after the agreement has been concluded, that price increase will amount to a maximum of 5% of the previously agreed price and you will have the right to dissolve (cancel) the agreement on that ground.

5.2 Price discounts and/or special offers can no longer be used if the confirmation of the reservation/invoice has been sent by Kunuku.

EXTRA COSTS

6.1 In addition to the rent, you / the tenant owes any taxes, such as turnover tax and contributions to other levies.

PAYMENTS

7.1 Of the rental sums plus charged costs, you must make a deposit of 30% with a minimum of

$ 250.00 -. Payment of these amounts must be made within 14 days after the date of the confirmation / invoice of the reservation with Kunuku.

7.2 The remaining amount of the rent must be received by Kunuku no later than 8 weeks before the day of commencement of the stay in Kunuku as stated in the confirmation of the reservation.

7.3 When booking within 8 weeks before the start of your stay, the entire reservation amount must be paid immediately upon reservation, or if you book by telephone, within 14 days of the date of the confirmation / invoice.

7.4 In the event of late payment of the amounts invoiced to you, you will be in default immediately after the expiry of the payment period. In that case Kunuku will offer you the opportunity in writing to pay the amount still due within 7 days. If payment is not forthcoming, Kunuku reserves the right to dissolve (cancel) the agreement with effect from the day that the period of 7 days has expired and you are liable for all damage that Kunuku suffers or will suffer as a result thereof, including all costs that Kunuku has had to incur in connection with your reservation and the dissolution. Kunuku has in any case the right to charge cancellation costs per accommodation. In that case, the provisions of Article 13 shall apply.

7.5 Kunuku always has the right to set off claims against you for whatever reason against the amounts paid by you for whatever reason.

7.6 Payments by credit card are possible. A 4% bank fee will be charged for this.

ARRIVAL AND DEPARTURE

8.1 The rented accommodation can be occupied on the agreed day of arrival as stated on the confirmation of the reservation, from 3 pm on. On the agreed day of departure as stated on the confirmation of the reservation, the accommodation must be vacated before 11 am.

8.2 If you wish to continue the agreement with Kunuku for a longer than the agreed duration and Kunuku agrees with this, Kunuku is always entitled to designate another accommodation.

8.3 If the use of the accommodation and/or other facility is terminated earlier than on the agreed date, as stated on the confirmation of the reservation, the tenant is not entitled to a refund of (part of) the rental price and/or costs.

REGULATIONS

9.1 All guests must adhere to the rules established by Kunuku, laid down in, among other things, the Park Regulations, and the Swimming Pool Regulations. These Regulations can be requested and can be found in the information folder in the apartment.

9.2 In accordance with the local regulations, one is obliged, if requested, to identify oneself at the ‘check-in’. If the guests cannot show proof of identity, Kunuku cannot or may not accommodate the guests.

9.3 Each accommodation may be occupied by a maximum of 6 people. Each room is for 2, 3 or 4 people respectively.

9.4 The property is non-smoking. On the terrace or balcony there is an opportunity to do so.

9.5 Kunuku reserves the right to make changes to the layout and opening hours of the resort’s facilities. To carry out necessary maintenance, you will allow work to be carried out on the accommodation or other facilities during your stay without any right to compensation.

9.6 The tenant must deliver the accommodation broom clean (so: do not leave dirty dishes, pick up and fold bed linen, clean kitchen, refrigerator, place garbage bag in the container). In the event of default, expenses will be charged.

9.7 In the rental price bed and bath linen is included, which are changed on a regular schedule, depending on the type of accommodation.

9.8 Laundry, towels etc. may not be hung over the balustrades. For this purpose, there is a laundry rack in the apartment. It is also not allowed to hang up a clothesline.

9.9 In case of violation of the rules, Park regulations and / or Swimming pool regulations included in these General Terms and Conditions and / or in Regulations not following instructions from the staff, Kunuku has the right to immediately remove you, the tenant and any other user from the park, without refund of the rent or part thereof.

PETS

10.1 Pets are not allowed on the resort and in the accommodations.

DAMAGE, LOSS

11.1 The tenant, mentioned on the confirmation of the reservation, is responsible, which does not affect the responsibility or liability of the other users / guests, for an orderly course of business in and around the rented accommodation or elsewhere in the park, insofar as this is influenced by him or his company / the other user.

11.2 In addition, the tenant is always liable, which does not affect the liability of other users, for damage due to breakage and / or loss and / or damage to inventory and / or accommodation. Any damage must be reported immediately by the tenant to Kunuku and immediately compensated on the spot, unless the tenant can prove that the occurrence of the damage is not due to fault of himself, other users or one of the members of his company.

DEPOSIT

12.1 Kunuku will require a deposit of between $100 – $300, depending on the type of accommodation. If the deposit is not paid immediately, Kunuku is entitled to deny the tenant and / or other users access to and use of the accommodation.

12.2 If you fail to pay the deposit, Kunuku is also entitled to dissolve (cancel) the agreement with immediate effect.

12.3 The deposit or any remainder thereof after payment of claims to Kunuku against the tenant and / or users, will be refunded if you leave the accommodation properly, with due observance of the provisions of Article 9. Any claims for compensation will not be nullified by this refund.

12.4 Kunuku is entitled to claim damage or loss above $300 without the intervention of a court.

CANCELLATION

13.1 If a reservation is cancelled, a cancellation fee is due. This amounts to – in case of cancellation up to 28 days before the day of arrival – 30% of the total costs and in case of cancellation within 28 days of arrival or later, the total cost / agreed rental price.

13.2 If you have not arrived within 24 hours of the agreed date without further notice, this will be considered a cancellation.

FORCE MAJEURE AND CHANGE

14.1 In the event that Kunuku is (temporarily) unable to execute the agreement in whole or in part due to force majeure, you will submit an amendment proposal (for other accommodation / other period etc.) within 14 days after it has become aware of the impossibility to comply with the agreement.

14.2 Force majeure on the part of Kunuku exists if the execution of the agreement in whole or in part, whether or not temporarily, is prevented by circumstances beyond the control of Kunuku, including the risk of war, personnel strikes, blockades, fire, floods and other malfunctions or events.

14.3 You are entitled to reject the amendment proposal. If you reject the amendment proposal, you must make this known within 14 days of receipt of the amendment proposal. In that case, Kunuku has the right to dissolve the agreement with immediate effect. You are then entitled to remission and/or refund of (the already paid part of) the rent. Kunuku will then not be obliged to pay compensation for any damage.

TERMINATION

15.1 Kunuku always has the right to terminate the agreement with immediate effect, if personal data of you and / or other users are provided incompletely and / or incorrectly when booking. In such a case, no refund will be made of the rent or part thereof.

LIABILITY

16.1 Kunuku accepts no liability for theft, loss, or damage of or to goods or persons, of whatever nature, during or as a result of the stay at the resort and / or the rental / use of the accommodation, unless there is intent or gross negligence of Kunuku or (one of) its employees.

16.2 Liability for damage consisting of loss of travel enjoyment or business and other consequential damage is excluded under all circumstances. Kunuku is also in no way liable for damage for which there is a claim for compensation under a travel and / or cancellation insurance or any other insurance.

16.3 Kunuku is not liable for malfunctions in the service or defects in services provided by third parties.

16.4 Liability on the basis of unlawful act is in any case limited to a maximum of $75,000 in the event of personal accidents per guest per stay and liability for material damage is in any case limited to a maximum of $1,500 per tenant/ user per stay.

16.5 You are jointly and severally liable with the user for all loss and/or damage to the rented accommodation and/or other property of Kunuku arising during the use thereof by you and/or other users, regardless of whether this is the result of acts or omissions of yourself and/or of third parties who are in the park with your permission.

16.6 You indemnify Kunuku against all claims about damage from third parties that are (partly) the result of any act or omission of yourself, other users, your travel companions or third parties who are at the park with your permission.

16.7 In case of incorrect use or incorrect abandonment, including but not limited to excessive pollution, additional costs will be charged, which you are then obliged to pay immediately.

COMPLAINTS

17.1 Despite Kunuku’s care and effort, you may feel that you have a justified complaint regarding your holiday accommodation. You must first report this complaint on the spot and directly to the management of the park of your stay. If the complaint is not handled to your satisfaction, you can submit the complaint in writing to: Kunuku Aqua Resort, management department, no later than 1 month after departure from the park of your stay. The complaint will then be handled with the utmost care.

TOEPASSELIJK RECHT

18.1 The agreement between you and Kunuku is exclusively governed by Dutch/Curaçao law.

REISDOCUMENTEN

19.1 You are solely responsible for having the valid travel documents required for your destination. Kunuku accepts no liability for the consequences arising from not being in possession of the correct travel documents.

GENERAL

20.1 Apparent printing and typesetting errors do not bind Kunuku Aqua Resort. With these general terms and conditions, all previous publications expire.