Terms & Conditions
SUBSTATION CURACAO N.V. (SUBSTATION)
Article 1. Definitions
Definitions and their meanings mentioned in these general terms & conditions:
Facilities: the facilities in use by Substation, including the building, submersible, platforms, outdoor areas, other infrastructure, equipment and basins.
Participant: the Participant in the Submersible program, also Principal or, where applicable (minor participant / legally incapable participant) legally represented by Principal.
Principal: the contractual partner of Substation (Participant or where applicable his/her parents or guardians or other legal representative).
Program costs: the costs that Substation charges for the Submersible dive program and any possible complementary services.
Program slot: time of commencement of the Submersible program, agreed upon between Substation and the Principal.
Substation: Substation Curacao N.V., the limited liability companyunder the laws of Curacao and user of these general terms and conditions.
Submersible program: the activities involving a submersible as offered from time to time by Substation.
Waiver: the registration form and waiver applied by Substation at any given time, including the medical questionnaire.
Article 2. Applicability of these conditions
These conditions are applicable to all aspects of the Submersible program and to all agreements between Substation and Principle, unless both parties agreed to deviate from these conditions explicitly and in writing. These conditions are also applicable to all agreements entered into with Substation for which a third party is engaged, and also to all complementary services offered by Substation.
These conditions have been translated by Substation to the Dutch and Spanish languages. In case of a difference in interpretation of these conditions, the English text will prevail.
Article 3. Expectations
Due to the characteristics of the open ocean as a vast and continuously changing habitat for marine flora and fauna, each submersible dive is unique. Past sightings of marine flora and fauna do not offer a guarantee for future sightings.
Article 4. Duty of Participant to provide information
Due to the fact that certain medical and physical exclusion criteria exist, the Submersible program is not suitable for everyone. The Participant will have to meet certain medical criteria. Substation relies on the information provided in the Waiver to evaluate if the Submersible program is suitable for the (intended) Participant. Substation therefore depends on the information provided by the Principal. In case that the information provided by the Principal is incomplete or false, Substation has the right to suspend the agreement and/or, at its discretion, to refrain from execution of the agreement. In this case Substation has no obligation to reimburse any payment already made.
Article 6. Execution of the agreement
Substation will execute the agreement to the best of its ability. When required for the proper execution of the agreement, Substation has the right to contract third parties for certain tasks.
Article 7. Limited Liability
Accuracy of supplied information
Substation is not liable for any damage, of whatever nature, which is the result of the fact that Substation received incorrect and/or incomplete information from the Principle. Substation has the right to refuse participation in the Submersible program based on information received from Principle (and/or lack or incorrectness of information).
The liability of Substation, as far as it is covered by its liability insurance, is limited to the amount paid out by the insurance company. In case that the insurance company does not pay out or the damage is not covered by the insurance, the liability of Substation is limited to twice the costs of the Submersible program that Participant participated in. Substation is never liable for any consequential damage.
Article 8. Conditions of Payment.
The total Program costs must be paid by the Principle prior to the Program slot.
Payment of the Program costs can be done in two installments;
(i) 50% as a down payment to confirm the reservation
(ii) the balance of the Program costs prior to the Program slot;
The down payment must be received by Substation on bank account indicated on the reservation form no later than 7 days after making the reservation. The down payment can also be settled in the form of a guarantee by credit card. The credit card will not be charged unless the participant does not show up for the requested submersible program without prior cancellation or rescheduling of at least 48 hours.
In case of late payment of any of the installments Substation has the right to dissolve the agreement with Participant.
In case of liquidation, bankruptcy or suspension of payment of Principle, all amounts owed by Principle to Substation will be immediately be fully due and payable. Payments already made by Principle will first be applied against all indebted interests and costs and secondly against the costs of the submersible program. The costs of the Submersible program are reviewed regularly and will be published on Substation’s website (www.substationcuracao.com). Payments must be made in the currency as invoiced. All bank and currency exchange costs related to the payment are for the account of the Principal.
Article 9. Cancellation
Cancellation of a confirmed reservation can only be done up to 48 hours in advance of the Program reserved by the Principal for participation in a Submersible program, and can only be done by email or in person. Cancellation is only valid after confirmation by Substation.
Article 10. Rescheduling / restitution
In case a Submersible program has to be cancelled by Substation, Substation will always try to reschedule Participant for the soonest available Submersible program. Restitution of (part of) the Program costs is only offered in the form of a discount on a following visit to Substation and is limited to the Submersible program that could not be made up. Restitution is calculated pro rata parte to the amount of the canceled program and is subject to the reason of cancellation.
In case a Submersible program has to be canceled or aborted due to the fact that the Principal provided incorrect and / or incomplete information, Substation is not obligated to reschedule or refund any part of the Program costs.
In case Principal did not truly and / or fully comply with its obligation to provide correct and full (medical) information about the Participant, Principal can be held accountable for the total Program costs of the other Participants.
In case Substation is forced to abort or cancel (part of) a Submersible program due to a reason attributable to another Participant, the Principal will receive a restitution of (part of) the Program costs for the same Submersible program, offered in the form of rescheduling or discount on a following visit to Substation. Restitution is calculated pro rata parte to the amount of the canceled program and is subject to the reason of cancellation.
Article 11. 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 Curacao - any and all circumstances beyond one’s control, foreseen or not foreseen, on which Substation does not have any influence and that lead to a situation in which Substation cannot meet its obligations. Substation has the right to invoke force majeure, even if the circumstances that lead to ‘force majeure’ arise after a circumstance has arisen that can be attributed to Substation. During ‘force majeure’ Substation’s obligations are suspended. In the situation that Substation cannot fulfill her obligations, both parties are entitled to dissolve the agreement.
Article 12. Intellectual property
All copy- and other rights with regard to the creation, design, production and/or use of works of intellectual creation and/or writing and/or design and/or research & development, including pictures and film footage, with regard to Submersible programs and procedures applied by Substation, training methods and -techniques, and all other routines and procedures applied by Substation, whether printed and/or published and/or electronically and/or mechanically or otherwise stored, are and will remain the full property of Substation as the sole owner and may not be stored or used or published in any form by Principal or Participant or any third party, without the written previous consent of Substation.
Article 13. Dispute settlement and applicable law
All agreements, to which these general terms and conditions apply, are subject to Curacao law. Any and all disputes will be exclusively submitted to the competent court in Curacao, notwithstanding the right of the contracting parties to institute a preliminary relief proceeding in urgent situations.
Article 14. Filing
These general terms and conditions have been filed at the office of the court registry of the Court of First Instance, Willemstad, Curacao. The latest version as filed at the office of the Court of First Instance will always apply casu quo the version that was valid at the time of entering the agreement. A copy of these General Terms & Conditions is available online at: www.substation-curacao.com and at Substation’s offices.