1.0 These General Terms and Conditions apply to all offers, reservations and agreements relating to all accommodations and other facilities that are rented by DeLynne Resort Curaçao or companies booked through them.
1.1 In these General Terms and Conditions, the term ‘tenant’ is understood to mean: the person who concludes an agreement with DeLynne Resort Curaçao 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.
1.2 These General Terms and Conditions apply regardless of any (prior) reference to any other terms and conditions or to other general terms and conditions. DeLynne Resort Curaçao rejects any other Terms and Conditions that one might refer to but are not set up by DeLynne Resort Curaçao.
1.3 Agreements deviating from these General Terms and Conditions are only valid if agreed in writing.
The person or legal entity that has concluded a reservation to stay at our resort below. The Contracting Party shall also be understood as the party that is legally and financially liable for its guests as referred to below.
2.0 DeLynne Resort Curaçao only handles reservations from individuals who are 21 years of age or older. Reservations by persons younger than that age are therefore not valid.
2.1 DeLynne Resort Curaçao takes reservations from 1 night onward.
2.2 If DeLynne processes your reservation, DeLynne 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 DeLynne.
2.3 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.
2.4 An agreement is concluded between you and DeLynne at the moment that DeLynne has also sent the written confirmation of your reservation to you, as well as the invoice.
2.5 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
3.0 If, after the conclusion of the agreement, you wish to make changes to the agreement, DeLynne is not obliged to accept them. It is DeLynne’s free choice to determine whether and to what extent these changes are accepted by DeLynne. In case DeLynne accepts your changes, DeLynne may charge you a change fee.
4.0 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 DeLynne.
4.1 If you and DeLynne 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 DeLynne for the payment of the part of the rent still due, the change costs (see art. 3.0) and any additional costs resulting from the replacement and any cancellation costs..
5.1 You owe DeLynne the agreed rental price, as stated in the written confirmation, as stated in the invoice of the reservation. If the costs of DeLynne (personnel, energy, taxes, etc.) have demonstrably and unforeseeably increased after the conclusion of the agreement, DeLynne 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 DeLynne.
6.0 In addition to the rent, you / the tenant owes any taxes, such as turnover tax and contributions to other levies.
7.0 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 DeLynne.
7.1 The remaining amount of the rent must be received by DeLynne no later than 8 weeks before the day of commencement of the stay in DeLynne as stated in the confirmation of the reservation.
7.2 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.
7.3 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 DeLynne will offer you the opportunity in writing to pay the amount still due within 7 days. If payment is not forthcoming, DeLynne 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 DeLynne suffers or will suffer as a result thereof, including all costs that DeLynne has had to incur in connection with your reservation and the dissolution. DeLynne has in any case the right to charge cancellation costs per accommodation. In that case, the provisions of Article 13 shall apply.
7.4 DeLynne always has the right to set off claims against you for whatever reason against the amounts paid by you for whatever reason.
7.5 Payments by credit card are possible. A 3% bank fee will be charged for this. This is referred to as “Service Charge”.
ARRIVAL AND DEPARTURE
8.0 The rented accommodation can be occupied on the agreed day of arrival as stated on the confirmation of the reservation, from 2 pm on. On the agreed day of departure as stated on the confirmation of the reservation, the accommodation must be vacated by 11 am.
8.1 If you wish to continue the agreement with DeLynne for a longer than the agreed duration and DeLynne agrees with this, DeLynne is always entitled to designate another accommodation.
8.2 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.(In case DeLynne accepts your Termination) In that case, the provisions of Article 12 shall apply.
9.0 All guests must adhere to the rules established by DeLynne, laid down in, among other things, the Resort Regulations, and the Swimming Pool Regulations. These Regulations are given upon arrival or can be requested and can be found in the information folder in the apartment.
9.1 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, DeLynne cannot or may not accommodate the guests.
9.2 Each accommodation may be occupied by a maximum of 6 people. Each room is for 2, 3 or 4 people respectively.
9.3 The property is non-smoking. On the terrace or balcony there is an opportunity to do so.
9.4 DeLynne 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.
9.5 The tenant must deliver the accommodation broom clean (so: do not leave object on the floor, pick up and fold bed linen, clean kitchen area, clean out refrigerator, place garbage bag in the container). In the event of default, expenses will be charged. In that case, the provisions of Article 12.2 shall apply.
9.6 In the rental price bed and bath linen is included, which are changed on a regular schedule, depending on the type of accommodation.
9.7 Laundry, towels etc. may not be hung over the balustrades. It is also not allowed to hang up a clothesline.
9.8 In case of violation of the rules, Resort regulations and / or Swimming pool regulations included in these General Terms and Conditions and / or in Regulations not following instructions from the staff, DeLynne has the right to immediately remove you, the tenant and any other user from the Resort, without refund of the rent or part thereof.
10.0 Pets are not allowed on the resort and in the accommodations.
11.0 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 resort, insofar as this is influenced by him or his company / the other user.
11.1 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 DeLynne 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.
12.0 DeLynne will require a deposit of $100 for the accommodation. If the deposit is not paid immediately, DeLynne is entitled to deny the tenant and / or other users access to and use of the accommodation.
12.1 If you fail to pay the deposit, DeLynne is also entitled to dissolve (cancel) the agreement with immediate effect.
12.2 The deposit or any remainder thereof after payment of claims to DeLynne 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.
12.3 DeLynne is entitled to claim damage or loss above $300 without the intervention of a court.
13.0 If a reservation is cancelled 48 hours before arrival this is considered free.
13.1 If a reservation is cancelled 24 hours before arrival, a cancellation fee is due. This amounts to the first night + taxes and service fees – in case of cancellation up to 24 hours before arrival.
13.2 If a reservation is cancelled during stay, the Resort Policy will be applied and a cancellation fee is due depending on the length of stay.
13.3 Length of stay specification
2 nights cancellation policy – This amounts to the first night + taxes and service fees.
3 nights cancellation policy: – This amounts to 2 nights + taxes and service fees.
7 nights cancellation policy: – This amounts to 3 nights + taxes and service fees.
15.0 DeLynne 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.
16.0 DeLynne 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 DeLynne or (one of) its employees.
16.1 Liability for damage consisting of loss of travel enjoyment or business and other consequential damage is excluded under all circumstances. DeLynne 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.
16.2 DeLynne is not liable for malfunctions in the service or defects in services provided by third parties.
16.3 You are jointly and severally liable with the user for all loss and/or damage to the rented accommodation and/or other property of DeLynne 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.
16.4 You indemnify DeLynne 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.
16.5 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.
17.0 Despite DeLynne’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 resort of your stay. If the complaint is not handled to your satisfaction, you can submit the complaint in writing to: DeLynne Resort Curaçao, management department, no later than 1 month after departure from the resort of your stay. The complaint will then be handled with the utmost care.
18.0 The agreement between you and DeLynne is exclusively governed by Dutch/Curaçao law.
19.0 You are solely responsible for having the valid travel documents required for your destination. DeLynne accepts no liability for the consequences arising from not being in possession of the correct travel documents.
20.0 Apparent printing and typesetting errors do not bind DeLynne Resort Curaçao.
With these general terms and conditions, all previous publications expire.
20.1 Due to the fact that the resort is surrounded by many apartments it is required that guests, particularly those in groups, are respectful in regards to noise during the evenings.
20.2 No parties are allowed on the premises.