Fun Curacao

Article overview

Terms and Conditions

Caribbean Fun & Trade Names

Last update April 7, 2021

Art.1 - Definitions

1.01 Caribbean Fun: “Caribisch Fun”, “we”, “we”, “us” or “our”, Provider and owner of the “platform” or “website (s)” referred to in Caribisch Fun, established in Curaçao with the following trade names and associated websites:

Caribbean Fun, Fun Curaçao, Fun Bonaire, Fun Sint Maarten, Fun Aruba, Fun Sint Eustatius, Fun Saba.

Caribbean Fun
Kaya Butuela A14
Grote Berg, Curaçao
Mail: contact@funcuracao.cw
Tel: +599 9 518 2216

Registered in Curaçao under company number: 157162
CRIB / VAT - tax number: 102524555


1.02 Caribbean Fun Ltd.
The contracting party for all invoicing and payment processing for the users, including the customer / guest and providers, of and on the platform of Caribisch Fun. All payments directed to the platform by customer / guest and providers, payments on behalf of the platform to customer / guest and providers, invoicing and all contact with payment providers are completely handled by Caribisch Fun Ltd.

Caribbean Fun Ltd.
Kemp House, 160 City Road
London
EC1V 2NX
United Kingdom
Mail: administration@caribischfun.com
Tel: +44 20 3769 0406

Registered in the UK under Company Number: 13314723


1.03 Services
: Services as provided and described by Caribisch Fun on the platform. On the platform of Caribbean Fun, only services are offered by Caribbean Fun and Providers. 


1.04 Customer / Guest
: The customer / guest is the one who has booked via the platform. The customer who makes the reservation guarantees that he / she is authorized to make a reservation for the group that he / she is bringing.


1.05 Third Parties
: A third party (s) is a recognized company or person that offers a service as referred to in paragraph 1.03 on behalf of Caribbean Fun or a provider.


1.06 Platform
: the (mobile) websites and Apps on which the services of Caribisch Fun and Provider are made available, controlled, managed, maintained and / or hosted by Caribbean Fun, the owner of the "platform".

Websites that fall under the platform:


1.07 Provider
: the provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast, landlord), attractions (e.g. amusement parks, museums, tourist excursions), transport provider (e.g. car rental, cruises, train trips, airport shuttles, bus trips, transfers), tour operators, travel insurance and any other travel or related products or services available from time to time for Reservation on the Platform (B2B or B2C).


1.08 Reservation
: means the order, purchase, payment, booking or reservation by a guest with a provider and / or with Caribisch Fun.


1.09 Item
: what the provider offers on the Caribbean Fun platform. The customer / guest can reserve this item via the platform of Caribisch Fun with the provider.


1.10 Sum
: the amount that the guest will pay to Caribisch Fun Ltd. paid for his reservation. The sum is confirmed by Caribisch Fun in the reservation email that is sent to the guest. 


1.11 Legal Jurisdiction
: Disputes that must be resolved through judicial intervention must be brought before the courts in Curaçao.

Art. 2 - Fees, subscriptions and commissions

2.1 Providers and Guests do not have to pay any membership fees and visiting the platform is completely free.


2.2
 During the reservation of an item by the customer / guest, Service Fees and transaction costs of the payment may be charged by Caribisch Fun Ltd. The amount of the transaction costs depends on the chosen payment method. These are explained in more detail in Article 4.


2.3
Each provider can with the type of item:

Accommodations:

  • Offer unlimited item for free on the platform.
  • Optionally place a paid item, so that no commission has to be paid when renting.

 

Rental cars:

  • List 1 item for free on the platform.
  • Payment must be made for each additional item. Provider can choose from two paid packages. These packages are valid for 365 days after which the items go offline and the provider can optionally renew them. These packages can be seen by the provider while adding the item.

 

Tours & Activities:

  • Offer 10 item for free on the platform.

 

Bars & Restaurants:

  • Offer 10 item for free on the platform.

 

Locations & shops:

  • List 1 item for free on the platform.
  • Payment must be made for each additional item. Provider can choose from one paid package. This package is valid for 365 days, after which the items go offline and the provider can optionally renew them. This package can be seen by the provider while adding the item.

 


2.4
If a provider chooses to purchase a paid package to offer items, the provider will receive a timely notification when his package expires. All paid packages are valid for 365 days, say one year.  


2.5
If the provider does not renew in time, Caribbean Fun will automatically put the item inactive. The item will then no longer be visible on the platform and, if applicable, can no longer be reserved by guests. Existing reservations will be canceled by Caribisch Fun.


2.6
The moment Caribisch Fun has to cancel the reservations because the provider does not renew, Caribisch Fun Ltd. 10% will still pass on commissions on the reservations to the provider by means of an invoice by email. If the provider still has credit from Caribisch Fun Ltd., this will be settled and the remainder will be charged or paid after settlement of all payments due.


2.7
In the absence of any payment from the provider, Caribisch Fun Ltd. start the legal collection process in accordance with Curaçao law and regulations. All additional additional costs and statutory interest are at the expense of the provider.


2.8
With a reservation and payment of a guest, the provider must pay the following commission to Caribisch Fun:

  • Accommodations: 6%, commission with free placement.
  • Accommodations: 0%, commission with paid package.
  • Tours & Activities: 10% committee.
  • Rental cars: 10% commission.


This commission is settled directly by Caribisch Fun Ltd. with the sum that the provider receives from the reservation. The duration or the amount of the reservation makes no difference.

Art. 3 - Reservations

3.1 A guest can reserve an item via the online platform of Caribisch Fun. This item can relate to an event, accommodation, etc. or service from a provider. When a guest places a reservation, he will be notified by email.


3.2
A provider can indicate with his own items whether it can be reserved or whether it is information about his service, product or location. These items can therefore not be reserved by the guest.


3.3
For each bookable item, the provider can indicate whether it is directly bookable or whether he has 48 hours after receipt of the reservation to manually accept / refuse the reservation.


3.4
After a guest has placed a reservation, the provider will receive an email with the details of the reservation and any actions that need to be taken (48 hours to accept / decline the reservation).


3.5
As soon as the reservation has been accepted, this must be done within 48 hours or this is done automatically with Instant bookable items, the guest will receive an email with the amount he has to pay for the reservation. The guest has 48 hours to make the payment to Caribisch Fun Ltd.


3.6
Under no circumstances is it allowed to pay the sum directly to the provider and to further finalize the reservation outside the platform. If Caribisch Fun is informed that this has still happened, Caribisch Fun is still entitled to 10% commission and the provider will receive an invoice from Caribisch Fun Ltd. which must be paid within 14 days. Article 2.7 also applies here.


3.7
Additional costs that the guest must pay upon arrival at the provider can be put down in the description of the item. Should a conflict arise between provider and guest in any way, both parties will have to resolve this without the intervention of Caribbean Fun.

Art. 4 - Payments

4.1 Guests who place a reservation with a provider must comply with Caribisch Fun Ltd. 48 hours after the provider has accepted the reservation. The reservation is only final after receipt of this payment.

4.2 Guests can choose from three payment options:
- 4.2.a iDeal - this is only available for guests with a Dutch bank account. There are no costs associated with this transaction for the guest.
- 4.2.b PayPal - this is available to anyone who has a PayPal account. 2.8% payment commission for the guest associated with this transaction. It is possible that due to currency differences there is a difference of a few cents, this goes through PayPal and Caribbean Fun has no influence on it.
- 4.2.c Bank transfer - This is available to everyone. By means of a world transfer, guests outside of Curaçao can make a payment to Caribisch Fun Ltd. meet. The costs of these transfers are borne by the guest. When transferring the amount, the guest will have to indicate that costs are for their own account.


4.3
Additional costs beyond the sum of the reservation that the guest must pay to the Provider on site is the Provider's responsibility. Caribisch Fun is not a party to this and does not bear any responsibility for it.

Art. 5 - Payouts

5.1 When the posting date of the item has passed, the provider is entitled to the payment of the sum minus the commission. Caribbean Fun Ltd. ensures that the payment is transferred to the provider one day after the booking date. Suppose the guest arrives on the 10th of the month, Caribisch Fun Ltd. make sure payment is made every 11th.


5.2
A provider can choose two payment methods:
- 5.2.a PayPal - the provider can enter the email address of his PayPal account in his account. Caribbean Fun Ltd. transfers the exact amount received from the guest minus the commission to the provider. PayPal may charge transaction costs, which are borne by the provider.
- 5.2.b Bank transfer - the provider can enter his account details of his bank account in his account. It is only possible to enter a Curacao account number. Caribbean Fun Ltd. transfers the exact amount received from the guest minus the commission to the provider. The banks may charge transaction costs, which are for the account of the provider.

Art. 6 - Cancellations

6.1 Reservations can be canceled free of charge by both parties until payment is received.


6.2
As soon as the payment of the guest by Caribisch Fun Ltd. is received, it is no longer possible for the guest to cancel with a refund. If the guest wants to cancel, he should send an email to contact@caribischfun.com to notify us. The provider receives the sum minus the commission in accordance with the conditions of article 2.8 and article 5.1.


6.3
The provider can request a cancellation of a reservation at any time. After receipt of cancellation, the guest will receive the full amount back from Caribisch Fun Ltd. From that moment on, the provider owes the commission to Caribisch Fun. Article 2.6, 2.7 and 2.8 also apply here.


6.4
If a provider cancels a reservation three times within six months after receipt of payment from the guest, the provider will be put on inactive by Caribisch Fun and can no longer use our platform. Packages paid to Caribbean Fun are non-refundable.


6.5
Cancellations after receipt of payment by the guest can be verified by Caribisch Fun.

Art. 7 - Liability

7.1 Caribbean Fun is in no way liable for compensation if a reserved item does not correspond to reality. The provider is responsible for providing such a good picture of his item that corresponds to reality.


7.2
A no show from a guest or another guest (s) than the one who has booked is not the responsibility of Caribisch Fun. Caribisch Fun cannot be held liable for this either. It is up to the provider and guest to resolve this themselves.


7.3
All situations where a guest or a provider is not satisfied with his guest or provider, Caribisch Fun is in no way liable for this. Compensation in any sense whatsoever is immediately rejected and is not lawful.


7.4
Caribisch Fun can offer items for third parties. In that case it is always clear that this concerns a third party that offers the item or performs the service. Caribisch Fun therefore does not bear the responsibility and liability of a third party for this service.


7.5
If it is not clear by the guest that the provider is a third party, the burden of proof lies with the guest to substantiate this before considering any responsibility and liability.


7.6
The provider is responsible for being in possession of the correct permits to be able to export his items, including tour permits, safari tours exemptions, but also boat trips. The provider is responsible for each item for which a permit or exemption is required in accordance with the laws and regulations of the country of the item.


7.7
The provider must take care of taxes that he must pay on the income from the items. Caribbean Fun Ltd. does not take this into account with the payouts and the provider must arrange this himself. Caribisch Fun is not liable or responsible for remitting, collecting, withholding or paying any applicable taxes on the sum to the relevant tax authorities.


7.8
If any form of damage occurs during the execution of the reserved items, including personal injury, Caribisch Fun is not responsible for this. Regardless of who is to blame for the damage, guest, provider and / or third parties, they must resolve this themselves with each other or the insurance.


7.9
In the description of his items, the provider can indicate additional costs that must be paid on the spot. Caribisch Fun is not responsible for the collection of these extra costs. If the guest does not comply with this at the start of the reserved item, the guest and provider will have to handle this themselves. Caribbean Fun is no party to this.

Art. 8 - Reviews

8.1 Guests can leave reviews on the providers' items. Caribbean Fun receive a notification after a posted review. Caribbean Fun must check and approve this review before it appears live on the platform. In this way, the content of a review is checked.


8.2
Providers cannot post reviews on other items from providers or their own.


8.3
Providers have the right to respond to a posted review for their own item. In this way, the provider can thank the guest or provide more information about the situation.


8.4
Caribbean Fun tests on the following points before it comes live on the platform:
- No foul language should be used.
- There is no abuse.
- The review cannot be a personal attack.
- Negative reviews must be sufficiently substantiated.

Art. 9 - Privacy and Cookies

9.1 By using the Caribbean Fun platform, both as a guest and provider, the person agrees to our Privacy Policy and Cookie Policy.

9.2 The Privacy Policy can be found on the website: / privacy-policy /

9.3 The Cookie Policy can be found on the website: / cookie-policy /

Art. 10 - Disclaimer and complaints

10.1 Depending on the limitations as set out in these general terms and conditions, Privacy policy and cookie policy and to the extent permitted by law, Caribisch Fun will only be liable for direct damage that is actually incurred, paid or suffered by the guest or provider due to a demonstrable shortcoming of Caribisch Fun are obligations with regard to their own offered items and services, up to a joint amount of the joint costs of the relevant reservation as set out in the confirmation email.


10.2
Caribisch Fun is not responsible (and disclaims all liability) for the use, validity, quality, applicability, suitability and appropriate disclosure of the item and makes no representations, warranties or conditions of any kind in this regard whether implied, statutory or otherwise, including the implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. Guest acknowledges and agrees that the respective Provider is solely responsible and assumes all responsibility and liability with respect to the Item (including all warranties and representations made by Provider).


10.3
Complaints or claims regarding the item (including regarding the offered (special / promotional) price, the terms and conditions or specific requests from guests) must be handled by the provider. Caribisch Fun is not responsible for and disclaims any liability with regard to such complaints, claims and (product) liabilities.


10.4
If a guest is not satisfied with the Caribbean Fun platform, he can submit a complaint by e-mail to complaint@caribischfun.com. Caribisch Fun will handle the substantive complaint within 14 days.