TERMS & CONDITIONS
EXCLUSION OF RIGHT OF WITHDRAWAL
The Pearl of the Caribbean points out that reservations you make are legally final. A right of withdrawal (the so-called 14-day reflection period) does not apply to the agreements you conclude with The Pearl of the Caribbean.
1 APPLICATION
1.1 These Terms and Conditions apply to all offers, reservations, and agreements relating to all accommodations and other facilities rented out by The Pearl of the Caribbean or its affiliated companies (“The Pearl of the Caribbean”).
1.2 In these Terms and Conditions, the term “tenant” and “you” refers to the person who enters into an agreement with The Pearl of the Caribbean regarding the rental/use of accommodation and/or other facilities. The term “user” (also referred to as “guest”) refers to the tenant and the persons specified by the tenant who will use the accommodation and/or other facilities rented by the tenant.
1.3 These Terms and Conditions apply regardless of any reference you may make to your own terms and conditions or to other general terms and conditions. The Pearl of the Caribbean rejects all general terms and conditions referred to or used by you.
1.4 Deviations from these Terms and Conditions are only valid if agreed in writing.
2 RESERVATIONS
2.1 The Pearl of the Caribbean only processes reservations made by persons aged 18 or older. Reservations made by persons younger than that age are invalid.
2.2 The Pearl of the Caribbean reserves the right, without stating reasons, to refuse non-standard reservations, particularly group reservations, or to apply special conditions.
2.3 If The Pearl of the Caribbean accepts your reservation, it will send you a confirmation and invoice within 14 days after the reservation is made. You must check this immediately upon receipt. Any inaccuracies must be reported to The Pearl of the Caribbean immediately.
2.4 If you have not received a confirmation/invoice within 14 days after making the reservation, you must contact the contact center immediately; failing to do so means you cannot rely on the reservation.
2.5 An agreement between you and The Pearl of the Caribbean is concluded at the moment The Pearl of the Caribbean has confirmed the reservation to you.
2.6 The agreement concerns the rental of accommodations and/or other facilities for recreational use, which by nature is of short duration.
3 CHANGES TO THE AGREEMENT
3.1 If, after the agreement has been formed, you wish to make changes, The Pearl of the Caribbean is not obliged to accept them. It is at the sole discretion of The Pearl of the Caribbean whether and to what extent such changes are accepted. If accepted, change fees will be charged for changes requested 28 days or less before the start of your stay.
3.2 Changes to the arrival date from 28 days before arrival are not permitted. In these cases, cancellation costs apply as described in Article 14.
3.3 If, after concluding an agreement for more than one accommodation, you wish to reduce the number of accommodations, the cancellation conditions in Article 14 apply.
4 SUBSTITUTION
4.1 The tenant and other users are not permitted to transfer the accommodation, under any name or for any reason, to persons other than those listed in the agreement, unless otherwise agreed in writing with The Pearl of the Caribbean.
4.2 If you and The Pearl of the Caribbean agree that you and/or one or more users will be replaced, you remain jointly and severally liable for payment of the outstanding rental amount, change costs (see Art. 3.1), any additional costs due to the substitution, and any cancellation costs.
5 PRICES
5.1 You owe The Pearl of the Caribbean the agreed rental price as stated in the reservation confirmation and invoice.
5.2 Discounts and/or special offers cannot be applied once the reservation confirmation/invoice has been sent.
5.3 All prices include sales tax (OB), where applicable, unless otherwise stated.
5.4 The Pearl of the Caribbean may implement price increases resulting from interim changes in legal regulations and taxes (including but not limited to OB, tourist tax, insurance tax), over which it has no control.
6 ADDITIONAL COSTS
6.1 The tourist tax is set by the government of Curaçao. The rental price is inclusive of this sales tax (OB).
6.2 For the stay, the tenant also owes costs for utilities (water, gas, electricity). These costs are settled based on actual usage recorded digitally. At the end of the stay, these costs must be paid on-site in Caribbean guilders based on the rates established and communicated at check-in. These rates may change. The Pearl of the Caribbean is entitled to settle consumption based on automatically transmitted meter readings.
7 PAYMENTS
7.1 For reservations made via our website, the full amount must be paid at once.
8 ARRIVAL AND DEPARTURE
8.1 The rented accommodation can be occupied from 3:00 p.m. on the agreed arrival date stated on the reservation confirmation. The accommodation must be vacated before 10:30 a.m. on the agreed departure date.
8.2 If use of the accommodation ends earlier than the agreed departure date, the tenant is not entitled to any refund of the rental price or costs. If you have travel insurance and meet the insurer’s conditions, you may submit a claim directly to the insurance company.
9 REGULATIONS
9.1 All guests must comply with the rules set by The Pearl of the Caribbean, laid down in the Park Regulations and Pool Regulations. These can be requested at reception.
9.2 In accordance with local regulations, all guests must present identification at check-in upon request. If no valid ID is provided, The Pearl of the Caribbean may refuse accommodation.
9.3 Each accommodation may only be occupied by the maximum number of persons listed on the website for that accommodation.
9.4 The Pearl of the Caribbean reserves the right to change the layout and opening hours of the reception, including partial or full closure, without compensation.
9.5 You must allow necessary maintenance and improvements to be carried out during your stay without entitlement to compensation.
9.6 The tenant must leave the accommodation broom clean (no dirty dishes, remove and fold bedding, clean kitchen and fridge, place garbage in container).
9.7 If the rules in these Terms, the Park Regulations or Pool Regulations are violated, or staff instructions are not followed, The Pearl of the Caribbean may immediately remove the tenant or any user from the park without refund.
9.8 If park management has strong reason to suspect unlawful activities, it is authorized to enter the accommodation.
10 PETS
10.1 Pets are not allowed unless written approval is given by The Pearl of the Caribbean.
11 USE OF ACCOMMODATION; INVENTORY
11.1 The tenant/user and accompanying persons are jointly and severally liable for orderly conduct in and around the accommodation and for proper use of the accommodation and equipment.
11.2 They are also jointly and severally liable for damage, breakage, loss, or theft of inventory and/or accommodation. Any damage must be reported immediately and compensated on-site unless the tenant can prove no fault lies with the tenant, other users, or members of their party.
12 INTERNET USE
12.1 The Pearl of the Caribbean offers internet access via WiFi.
12.2 The tenant is responsible for proper use, including necessary hardware, software, configuration, and security measures.
12.3 The Pearl of the Caribbean is not liable for damage resulting from internet use or network malfunctions.
12.4 Users must behave responsibly, respect legal rules, and avoid conduct causing inconvenience or harm to others or The Pearl of the Caribbean. Visiting unlawful websites or those that harm the resort’s reputation is prohibited.
12.5 In case of misuse or suspected misuse, The Pearl of the Caribbean may block internet access without notice.
12.6 The tenant indemnifies The Pearl of the Caribbean against claims by third parties relating to internet misuse.
13 SECURITY DEPOSIT
13.1 The Pearl of the Caribbean may require a security deposit at the start of the stay, up to the total booking amount per accommodation. For groups, this amount may be increased.
13.2 The deposit secures payment of damages or costs arising from non-compliance by the tenant or users.
13.3 If the deposit is not paid immediately, The Pearl of the Caribbean may deny access to the accommodation.
13.4 If you fail to pay the deposit, The Pearl of the Caribbean may cancel the agreement immediately.
13.5 The deposit or remaining balance will be refunded after deducting any claims for damage or costs. Further compensation claims are not precluded.
14 CANCELLATION COSTS
14.1 A reservation may be cancelled free of charge within 14 days of booking, unless cancellation occurs 60 days or less before arrival. If payment was made with a voucher, a new voucher will be issued.
14.2 If cancelled after 14 days or within 60 days before arrival, cancellation costs and administration fees apply. Cancellation up to 60 days before arrival costs 30% of the total amount; from 60 days before arrival or later, the full amount is due.
14.3 You may insure yourself against cancellation risks by taking out cancellation insurance at the time of booking.
14.4 If you do not arrive within 24 hours after the agreed date without notification, this is considered a cancellation and the full amount is due.
15 FORCE MAJEURE AND MODIFICATION
15.1 If The Pearl of the Caribbean is unable to fulfill the agreement due to force majeure, it may submit a modification proposal within 14 days of becoming aware of the situation. Suspension of obligations is permitted in circumstances beyond its control. No compensation applies.
15.2 Force majeure includes circumstances beyond the control of The Pearl of the Caribbean, including threats of war, strikes, blockades, fire, flooding, and other disruptions.
16 TERMINATION
The Pearl of the Caribbean may terminate the agreement immediately if incorrect or incomplete personal data is provided during reservation. No refund will be given.
17 LIABILITY
17.1 The Pearl of the Caribbean accepts no liability for theft (including theft from bungalow safes or pool lockers), loss, or damage to property or persons during or as a result of a stay, unless due to intent or gross negligence by The Pearl of the Caribbean or its employees.
17.2 The Pearl of the Caribbean is not liable for failures or defects in services provided by third parties.
17.3 You/the tenant and each user are jointly and severally liable for all loss or damage to the accommodation or other property of The Pearl of the Caribbean during use, whether caused by you, users, or third parties with your consent.
17.4 You/the tenant indemnifies The Pearl of the Caribbean against claims by third parties resulting from acts or omissions by you, users, travel companions, or third parties you allow on the premises.
17.5 Improper use or leaving the accommodation excessively dirty results in additional charges that must be paid immediately.
18 COMPLAINTS
Despite the care of The Pearl of the Caribbean, you may believe you have a justified complaint. Complaints must be reported immediately to park management during your stay. If unresolved, you may submit a written complaint within one month after departure to:
info@ThePearloftheCaribbean.com, attn. Guest Services, including reservation number, personal details, stay dates, and accommodation number. Complaints will be handled with the utmost care.
19 APPLICABLE LAW
19.1 Only the laws of Curaçao apply to the agreement between you and The Pearl of the Caribbean.
20 TRAVEL DOCUMENTS
20.1 You are responsible for possessing valid travel documents required for your destination. The Pearl of the Caribbean accepts no liability for consequences arising from failing to have the correct documents.
21 PRIVACY
21.1 All data you provide is stored in a database used for guest administration. It may also be used to send targeted information and offers, by us or third parties. Your data may be combined with data from other companies to tailor offers to your interests.
21.2 Upon request, we will correct, update, delete, or block your data if it is factually incorrect. This may affect your ability to use (part of) our services. You have the right to request information on whether personal data relating to you is being processed.
21.3 If you do not wish to receive offers or information, notify us via: info@ThePearloftheCaribbean.com
22 GENERAL
22.1 The Pearl of the Caribbean will send correspondence digitally unless impossible.
22.2 Apparent printing or typographical errors do not bind The Pearl of the Caribbean.
22.3 These Terms supersede all previous versions.