Terms & Conditions

Last updated: September 20th, 2023

Booking and Cancellation

a)       Bookings for tours with Gone Caribe are subject to availability and can be made through our website or authorized agents.

b)      Cancellation of a tour booking must be made in writing and received by Gone Caribe at least one week (7 days) before the scheduled tour date to receive a complete refund.

c)       If a cancellation is made within one week (7 days) of the scheduled tour date, no refund will be provided, unless due to bad weather conditions or the cruise ship not docking at the port of call.

Payment

a)       Gone Caribe requires either a deposit or full payment for tour reservations at the time of booking.

b)      All charges are made in American Dollars (USD)

c)       Payment can be made through an online payment link provided by Gone Caribe, and the reservation will be confirmed upon receipt of the full payment.

d)      Failure to provide full payment within the specified timeframe may result in the cancellation of the reservation.

Refunds

a)       Refunds for cancellations made within the cancellation deadline of one week (7 days) before the scheduled tour date will be processed to the original method of payment.

b)      Refunds for cancellations due to bad weather conditions or cruise ship not docking will be processed to the original method of payment.

c)       Refunds may take up to 7-10 business days to process, depending on the payment method and financial institution.

 

Weather and Cruise Ship Docking

a)       In case of bad weather conditions, such as severe storms or hurricanes, Gone Caribe reserves the right to cancel or reschedule a tour for the safety of our guests and staff. In such cases, a complete refund will be provided.

b)      If the cruise ship does not dock at the port of call due to unforeseen circumstances, such as itinerary changes or technical issues, Gone Caribe will provide a complete refund for the affected tour.

Tour Changes or Cancellations by Gone Caribe

a)       Gone Caribe reserves the right to cancel or modify a tour itinerary, route, or duration without prior notice due to safety concerns, weather conditions, or any other unforeseen circumstances.

b)      In case of tour cancellation by Gone Caribe, a complete refund will be provided to the guests for the affected tour.

 

Participant Requirements

a)       All participants must meet the minimum age, health, and physical requirements specified for each tour.

b)      Participants must follow the instructions and guidelines provided by Gone Caribe during the tour, including safety precautions and rules.

c)       Participants are responsible for their own health and safety during the tour and should inform Gone Caribe of any medical conditions or special requirements prior to the tour.

 

Liability and Waiver

a)       Participants acknowledge and accept the inherent risks associated with outdoor activities and tours, including but not limited to, accidents, injuries, and property damage.

b)      Participants are required to sign a liability waiver before participating in any tour with Gone Caribe, releasing Gone Caribe and its staff from any liability for any injuries, damages, or losses incurred during the tour.

c)       Participants are responsible for their own personal belongings during the tour, and Gone Caribe is not liable for any loss or damage to personal belongings.

 

Insurance

a)       Participants are responsible for their own travel insurance, including but not limited to, health, accident, and trip cancellation insurance.

b)      Gone Caribe is not liable for any loss or expenses incurred due to participants' failure to obtain appropriate insurance coverage.

Conduct and Behavior

a)       Participants are expected to behave in a respectful and responsible manner during the tour, following the instructions of the tour guide and adhering to local laws and regulations.

b)      Gone Caribe reserves the right to terminate the participation of any guest who displays inappropriate, disruptive, or abusive behavior during the tour, without refund.

 

Changes to Terms and Conditions

a)       Gone Caribe reserves the right to modify, change, or update these Terms and Conditions at any time, with or without notice, in its sole discretion.

b)      It is the responsibility of the participants to review these Terms and Conditions periodically for any updates or changes.

c)       Continued participation in the tours after any modifications, changes, or updates constitutes acceptance of the modified Terms and Conditions.

 

Dispute Resolution

a)       Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the tours provided by Gone Caribe, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by arbitration in accordance with the rules of the American Arbitration Association (AAA) in the location where the tour took place.

b)      The arbitration shall be conducted by a single arbitrator appointed by AAA, and the decision of the arbitrator shall be final and binding upon the parties.

c)       The arbitration shall be conducted in English, and the costs of the arbitration, including the fees and expenses of the arbitrator, shall be shared equally by the parties, unless otherwise determined by the arbitrator.

d)      Notwithstanding the foregoing, Gone Caribe reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or other proprietary rights.

 

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where Gone Caribe is located, without giving effect to any conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms and Conditions or your participation in the tours shall be brought exclusively in the courts of the jurisdiction where Gone Caribe is located, and you hereby consent to the personal jurisdiction and venue of such courts.

 

Privacy

a)       Gone Caribe collects and stores personal information provided by participants for the purpose of booking and managing tours.

b)      Gone Caribe will not share, sell, or disclose personal information to third parties, except as required by law or with participant's consent.

c)       Participants are responsible for providing accurate and up-to-date personal information during the booking process.

 

Force Majeure

a)       Gone Caribe shall not be liable for any failure or delay in the performance of its obligations under these Terms and Conditions due to circumstances beyond its control, including but not limited to, acts of God, natural disasters, war, terrorism, civil unrest, strikes, or other labor disputes, or any other events or circumstances beyond its reasonable control.

 

Entire Agreement

These Terms and Conditions constitute the entire agreement between the participants and Gone Caribe and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written, relating to the subject matter hereof.

 

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

 

Waiver

The failure of Gone Caribe to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to in writing by Gone Caribe.

Use of the website

This website is provided as a service to visitors for them to research, ask questions and book a tour on the island of Curaçao with Gone Caribe and for no other purposes. Gone Caribe offers all kind of day tours as well as 7 to 10 days tour programs. Some of the services proposed can be offered by a third party company which works in collaboration with us.

This website and services we made available to the visitor which accepts without any exceptions, all the terms, conditions and notices of this agreement

At any time and for any reasons, Gone Caribe has the right to improve, add, modify, change, suspend or discontinue all or parts of this website and to restrict or prohibit access without notice. Unless otherwise specified, this website is accessible to all users. By exploring it, you accept its conditions of use at any time. Thus, Gone Caribe can modify these conditions by simply updating or modifing this page. By continuing using the website after any changes, you understand and except the new terms, conditions and notices. If you do not accept all the different terms, conditions and notices, please do not keep using this website and do not book any services. 

At the top of this page, you will find the date of the last update of the agreement made on this page. You must know that any changes will be applied immediatly upon the update of this page. 

Website Editor

This website is edited by Joseph Statia & Jessica Statia Gallant

Willemstad, Curaçao

web hosting

This website is hosted by Squarespace

Headquarters: New York, NY (SoHo)

Any use and downloading from this site, as well as their application, will therefore be governed and interpreted in accordance with the laws of Curaçao and the applicable federal laws of the Kingdom of the Netherlands, regardless of the principles of conflict of laws.

NOTICE OF LIABILITY

Gone Caribe does not guarantee uninterrupted access to its website as well as the content of hyperlinks offered on its platform. Even though the members of Gone Caribe will be doing everything that is possible to fix any situations,  we are in the impossibility to give any formal warranty of a precise correction of any errors or defects on the website affecting any functionality as well as the access to some hyperlincks. Any information, content, products, services and software posted and shared on this website may include inaccuracies or errors. There might also be mistakes or inaccuracies conserning reservation availability, pricing, pictures, any descriptions, inclusions, exclusions, any added informations and any features. Regarding any inacurracies, Gone Caribe reserves the right to correct any errors occurred on our Website as well as pending reservations made under an incorrect price.  

Gone Caribe disclaim all guaranties and confitions that its website, web host or email sent by Gone caribe are free of viruses or any kind of harmfull situations.

Any third-parties that collaborate with Gone Caribe in offering any products or services on our website, are independent employee, providers, suppliers to the Gone Caribe company. Therefore, Gone Caribe is not responsable for any errors, negligence, miss representations, omissions, accidents, injuries, death, any damages of all kinds, extra charge ask to the original booking, delay, cancellation, strike, natural or major causes happen by a third-party company. No third-party have the responsability to charge any of our clients for additional expenses or for any change of situation. 

The client is aware by booking a tour with Gone Caribe that he will be subject to some adventurous activities involving an element of own personal risk. 

If Gone Caribe is found liable for any loss or damage that happen through the use of our Websites, your booking or use of products or services proposed through our Website, then Gone Caribe liabilities will under no circonstences exceed, the amount paid for transaction of the booking on this Website.

hyperlinks

As a service to visitors, Gone Caribe can provide hyperlinks to other websites. It makes no warranties with respect to these links to third party sites or features used directly or indirectly from its website. Also, the inclusion of hyperlinks on our own website does not constitute any adherence to the content of these sites. Gone Caribe is not responsible for their content, the links they contain nor any changes or updates made to them. Therefore, Gone Caribe will never recommend a product or a service that we do not honestly believe to be of quality.

COPYRIGHT AND INTELLECTUAL PROPERTY

All texts, logos, concepts, graphics, images, illustrations, photographs, audio or video clips, information and documents on the Gone Caribe website, as well as their selection, presentation and display, are exclusive to the editors of Gone Caribe. The form and content of the Gone Caribe website are protected under the laws governing trademarks, intellectual property and copyright in Curaçao and other applicable jurisdictions.

PROTECTION OF PERSONAL INFORMATION

The information provided by users of the Gone Caribe website will be used primarily for the purposes expressly designated at the time of registration which could have been done by sending a message through the website or by booking a tour with us.

Here are the informations we might collect for any booking or request made through email from a form on the website or through our booking system: first name, last name, age, gender, email address, telephone number, postal and email addresses, country of residence and billing information (such as your credit card number, cardholder name, and card expiration date). We might also collect other information for the 7 to 10 days trip such as allergies or intolerences. 

As the person responsible for the booking of a tour with us, you may share with us some informations about an other person that will join you. That said, you must inform the person conserned of your motivations and receive the consent to do so. 

We will not keep your personal information longer than the period for which it was originally needed. Within 3 days after you completed your tour with us, your informations will be deleted unless we are required by law to do so. 

At some point, you may contribute to the website of Gone Caribe by writting a public review, uploading photos, filling out your public profile, and rating other users' contributions. Gone Caribe might store these informations and share them on our social medias, to other users and with our partners. It is important for you to know that you are responsible for the information you decide to share in your content.

Gone Caribe is committed to protecting personal data and privacy and observes strict security measures with respect to the archiving and disclosure of information transmitted to it in order to prevent unauthorized access. 
 

RESPONSIBILITY FOR THE USE OF THE SERVICE

The user agrees not to disrupt the operation of the service offered on www.gonecaribe.com

Property

This website is the property of Joseph Statia & Jessica Gallant

All images, texts and videos used on this website are the property of Gone Caribe and may not be copied or used without permission.

Lexicon

The terms we, us, our and Gone Caribe, refer to © Gone Caribe as well as its partners and collaborators. The term “you” refers to the customer visiting the website and/or booking a service and/or communicating with Gobe Caribe through this platform.

Contact Information

If you have any questions or concerns about the Gone Caribe tours or these Terms and Conditions, please contact us at Info@gonecaribe.com.

By making a booking and participating in a tour with Gone Caribe, you acknowledge and agree to these Terms and Conditions in their entirety.