1. Application
1.1 These General Terms and Conditions apply to all offers, reservations, and agreements relating to all accommodations and other facilities rented out by Paraiso Oasis B.V. (Curaçao Chamber of Commerce no. 164424, Villapark Fontein C27, Curaçao) or its affiliated companies (hereinafter referred to as ‘Paraiso Oasis’).
1.2 In these General Terms and Conditions, ‘tenant’ and ‘you’ refer to the person who enters into an agreement with Paraiso Oasis 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 rented accommodation and/or other facilities.
1.3 These General Terms and Conditions apply regardless of your (prior) reference to any own conditions or other general conditions. Paraiso Oasis rejects all general terms and conditions referred to or used by you.
1.4 Agreements that deviate from these General Terms and Conditions are only valid if agreed upon in writing.
2. Reservations
2.1 Paraiso Oasis only handles reservations from persons who are 18 years or older. Reservations by persons under that age are not valid.
2.2 Paraiso Oasis reserves the right to refuse reservations, especially group reservations, without giving reasons, or to impose special conditions on them.
2.3 If Paraiso Oasis processes your reservation, it will send you a confirmation along with an invoice within 14 days of making the reservation. You must check this immediately for accuracy. Any inaccuracies must be reported to Paraiso Oasis immediately.
2.4 If you do not receive a confirmation/invoice within 14 days after making the reservation, you must contact the contact center immediately, failing which no claim can be made on the reservation.
2.5 An agreement is established between you and Paraiso Oasis at the moment Paraiso Oasis confirms 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 you wish to make changes to the agreement after it has been concluded, Paraiso Oasis is not obliged to accept them. It is at the sole discretion of Paraiso Oasis to determine whether and to what extent the changes are accepted. If Paraiso Oasis accepts your changes, it will charge you change fees if these changes are requested 28 days or less before the start of your stay.
3.2 Changes to the arrival date and/or location from 28 days before arrival are not allowed. In these cases, the cancellation fees as described in Article 14 of these General Terms and Conditions apply.
3.3 If you wish to reduce the number of accommodations after concluding an agreement for more than one accommodation, the cancellation conditions as described in Article 14 of our General Terms and Conditions apply.
3.4 If Paraiso Oasis needs to make a change to your booked reservation due to other circumstances (e.g., as a result of an owner’s booking), Paraiso Oasis can offer you a suitable alternative regarding the location, period of stay, or type and/or location of the bungalow.
4. Substitution
4.1 It is not permitted for the tenant and other users to hand over the accommodation to others under any name or for any reason other than those mentioned in the agreement unless otherwise agreed in writing with Paraiso Oasis.
4.2 If you and Paraiso Oasis have agreed that you and/or one or more users will be replaced, you will remain jointly and severally liable alongside the tenant and/or users who replace you for the payment of the remaining rent, the change fees (see art. 3.1), and any extra costs resulting from the replacement, as well as any cancellation fees.
5. Prices
5.1 You owe Paraiso Oasis the agreed rental price as stated in the confirmation/invoice of the reservation.
5.2 Price discounts and/or special offers cannot be used if the reservation confirmation/invoice has already been sent by Paraiso Oasis.
5.3 All prices include VAT, unless otherwise stated. 5.4 Paraiso Oasis has the right to implement and pass on price increases resulting from interim adjustments of statutory regulations (including but not limited to VAT, tourist tax, insurance tax) over which Paraiso Oasis has no control.
6. Utilities
6.1 The tenant is liable for the costs of utilities (water, gas, electricity). The costs for using these utilities are calculated based on actual usage related to the stay. The usage is measured per accommodation. At the end of the stay, you must settle these costs on-site based on the rates set by Paraiso Oasis. Paraiso Oasis is entitled to settle the usage based on the reported meter readings. However, counter-evidence is possible.
7. Payments
7.1 Within 14 days after making a reservation, you must make a down payment of 30% of the total amount due. For reservations within 8 weeks before the start of your stay, the full amount must be paid at once.
7.2 The remaining amount of the rent must be received by Paraiso Oasis no later than 8 weeks before the start date of the stay at Paraiso Oasis as stated in the reservation confirmation.
7.3 For reservations within 30 days before the start of your stay, the total amount must be paid immediately at the time of reservation. If payment is not made according to the above, Paraiso Oasis may deny you the use of the accommodation and/or other facilities. If it later appears that you had given a payment order but the amount had not yet been credited to the bank account of Paraiso Oasis upon arrival, a refund of the overpaid amount will take place afterward.
7.4 If the invoiced amounts are not paid on time, you are in default immediately after the payment term expires. If payment (on time) fails, Paraiso Oasis is entitled to dissolve (cancel) the agreement. You are liable for all damages Paraiso Oasis suffers or will suffer as a result, including all costs Paraiso Oasis had to incur in connection with your reservation and the dissolution. Paraiso Oasis has the right to charge cancellation fees per accommodation in any case. In that case, the provisions of Article 14 apply.
7.5 Paraiso Oasis always has the right to offset claims against you from any cause with amounts paid by you from any cause.
7.6 Articles 7.1 to 7.4 do not apply to reservations through online platforms such as Airbnb and Booking.com. In such cases, the conditions stated on the respective platform apply.
8. Arrival and Departure
8.1 The rented accommodation can be occupied on the agreed arrival day as stated in the reservation confirmation from 3:00 PM. On the agreed departure day as stated in the reservation confirmation, the accommodation must be vacated by 11:00 AM.
8.2 If you wish to extend the agreement with Paraiso Oasis beyond the agreed duration and Paraiso Oasis agrees in writing, Paraiso Oasis is always entitled to assign another accommodation.
8.3 If the use of the accommodation and/or other facilities ends earlier than the agreed date stated in the reservation confirmation, the tenant is not entitled to a refund of (part of) the rental price and/or costs by Paraiso Oasis. If you have taken out travel insurance and meet the conditions set by the insurance company, you can submit a damage claim for early termination of your stay directly to the insurance company.
9. Regulations
9.1 All guests must adhere to the rules established by Paraiso Oasis. These Regulations can be requested upon arrival from the manager or via email (contact@paradiseapartmentscuracao.com).
9.2 In accordance with local regulations, all guests are required to present identification at check-in. If guests cannot present an ID, Paraiso Oasis may decide not to accommodate them.
9.3 Each accommodation may only be occupied by a maximum of 2 persons.
9.4 For 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 leave the accommodation broom clean (i.e., no dirty dishes, remove and fold bedding, clean kitchen and refrigerator, place garbage bag in the container).
9.6 In case of violation of the rules included in these General Terms and Conditions and/or failure to follow staff instructions, Paraiso Oasis has the right to remove you, the tenant, and any other user from the accommodation immediately without any refund of the rental sum or part thereof.
9.7 If Paraiso Oasis has a serious suspicion that the tenant of an accommodation is acting in violation of the law and/or public order and/or good morals, Paraiso Oasis is authorized to gain access to the accommodation.
10. Use of Accommodation; Inventory and Pets
10.1 The tenant/user and those accompanying the tenant are jointly and severally liable for orderly conduct in and around the rented accommodation and/or elsewhere in the villa park and for the use of the accommodation and the equipment therein.
10.2 In addition, the tenant/user and those accompanying the tenant are jointly and severally liable for damage due to breakage and/or loss and/or damage to inventory and/or accommodation. Any damage must be reported immediately to Paraiso Oasis and immediately compensated on-site unless the tenant can prove that the damage was not due to their fault or that of other users or one of their party members.
10.3 Pets are not allowed unless with prior and explicit permission from Paraiso Oasis. Permission can be withdrawn at any time without giving reasons.
11. Use of Pool and Outdoor Space
11.1 The pool is open from 9:00 AM to 10:00 PM. Swimming outside these hours is not allowed.
11.2 Swimming is at your own risk. There is no supervision, so always be alert and have the necessary swimming skills.
11.3 Children under fourteen must always be supervised by an adult. Parents are responsible for their children and must monitor their behavior in the pool.
11.4 Diving or jumping into the pool is prohibited due to the limited depth of 1.40 meters.
11.5 Glassware in and around the pool is prohibited.
11.6 The accommodation has an outdoor shower. It is mandatory to shower before entering the pool. Use the pool only with clean swimwear.
11.7 Respect the peace of other guests and residents of the villa park. Keep noise levels to a minimum.
12. Internet Use
12.1 Depending on the accommodation, Paraiso Oasis provides the tenant/user and those accompanying the tenant with access to the internet via a Wi-Fi network.
12.2 The tenant is responsible for the correct use of the internet, including the necessary hardware and software configuration, peripheral equipment, and connections to support it, as well as security measures for the computer or operating system.
12.3 Paraiso Oasis is not liable for damages resulting from internet use or network failures.
12.4 The tenant/user and those accompanying the tenant must behave as responsible and careful internet users, respecting legal rules and refraining from behavior that causes inconvenience to other internet users or damages Paraiso Oasis in the broadest sense. The tenant/user and those accompanying the tenant must refrain from visiting websites that are illegal or inconsistent with Paraiso Oasis’s reputation as an accommodation provider.
12.5 If there is evidence or suspicion of nuisance to third parties and/or (other) internet misuse by the tenant/user or those accompanying the tenant, Paraiso Oasis has the right to block internet access, whether in whole or in part, without further notice.
12.6 The tenant indemnifies Paraiso Oasis against claims from third parties for compensation for damages these third parties may (attempt to) claim from Paraiso Oasis, provided that such claims are based on internet use by the tenant/user and those accompanying the tenant.
13. Deposit
13.1 Paraiso Oasis may require a deposit at the start of the stay. The deposit is a maximum of USD 250 per accommodation.
13.2 The deposit is intended to cover damages and/or costs – in the broadest sense – that Paraiso Oasis may incur due to non-compliance with the tenant/user’s obligations and those accompanying the tenant.
13.3 If the deposit is not paid immediately, Paraiso Oasis is entitled to deny the tenant and/or other users access to and use of the accommodation.
13.4 If you fail to pay the deposit, Paraiso Oasis is also entitled to terminate the agreement with immediate effect (cancel).
13.5 The deposit or the remaining part thereof will be refunded after offsetting Paraiso Oasis’s claims (damage to inventory/accommodation and/or other costs) against the tenant and/or users. Any (further) claims for damages will not be nullified by this refund.
14. Cancellation Fees
14.1 Within 14 days after making the reservation, the reservation can be canceled free of charge unless the cancellation is made 30 days or less before the start of your stay.
14.2 If a reservation is canceled after 14 days of making the reservation or within 30 days before the start of your stay, both cancellation fees and the administration fees charged for the reservation are due. The total costs for cancellation up to 30 days before the arrival date are 50% of the total amount, and for cancellation from the 30th day before arrival or later, the full total amount is due.
14.3 If you do not arrive within 24 hours after the agreed date without further notice, this is considered a cancellation. In that case, you owe the full total amount.
14.4 Articles 14.1 to 14.3 do not apply to reservations via online platforms such as Airbnb and Booking.com. In such cases, the cancellation conditions stated on the respective platform apply.
15. Force Majeure and Modification
15.1 If Paraiso Oasis is temporarily or permanently unable to fulfill the agreement in whole or in part due to force majeure, Paraiso Oasis may, within 14 days after it becomes aware of the impossibility to fulfill the agreement, propose a modification (for other accommodation/another period, etc.). Suspension of Paraiso Oasis’s obligations is allowed if circumstances beyond Paraiso Oasis’s control occur. Paraiso Oasis will not be obliged to compensate any damage or costs.
15.2 Force majeure on the part of Paraiso Oasis exists if Paraiso Oasis is wholly or partially, temporarily or permanently prevented from fulfilling the agreement due to circumstances beyond Paraiso Oasis’s control, including war, personnel strikes, blockades, fires, floods, and other disruptions or events.
16. Termination
Paraiso Oasis has the right to terminate the agreement with immediate effect if incomplete and/or incorrect personal data are provided by you and/or other users at the time of reservation. In such a case, no refund of the rental sum or part thereof will take place.
17. Liability
17.1 Paraiso Oasis accepts no liability for theft (including theft from lockers), loss, or damage to items or persons of any kind during or as a result of a stay at one of our accommodations and/or the rental/use of accommodation and/or other facilities of Paraiso Oasis unless there is intent or gross negligence on the part of Paraiso Oasis or (one of) its employees.
17.2 Paraiso Oasis is not liable for disruptions in services or defects in services provided by third parties.
17.3 You/the tenant and every user are jointly and severally liable for all loss and/or damage to the rented accommodation and/or other property of Paraiso Oasis occurring during its use by you and/or other users, whether or not resulting from acts or omissions by yourself and/or third parties present on the accommodation with your consent.
17.4 You/the tenant indemnify Paraiso Oasis against all claims for damages from third parties resulting from any act or omission by yourself, other users, your travel companions, or third parties present on the accommodation with your consent.
17.5 In the case of improper use or leaving the accommodation improperly, including but not limited to excessive pollution, extra costs will be charged, which you must pay immediately.
18. Complaints and Competent Court
Despite the care and effort of Paraiso Oasis, you may believe you have a justified complaint regarding your holiday stay. This complaint must first be reported locally and immediately to the manager of your stay. If the complaint is not resolved to your satisfaction, you have the opportunity to submit the complaint in writing via contact@paradiseapartmentscuracao.com within one month of departure. The complaint will then be handled with the utmost care. If this does not lead to a satisfactory solution, you have the opportunity to submit the complaint to the Court of First Instance of Curaçao.
19. Applicable Law and Competent Court
The agreement between you and Paraiso Oasis is governed by Curaçao law.
20. Travel Documents
You are responsible for having valid travel documents required for your destination. Paraiso Oasis accepts no liability for the consequences of not having the correct travel documents.
21. Privacy
21.1 All data you provide to us will be included in a file. The data file is used for our guest administration. These data may also be used to provide targeted information and offers about our and related products and services, both by ourselves and by third parties.
21.2 At your request, we will correct, supplement, delete, or block your data if the data is factually incorrect, for example. This may mean that you can no longer use (part of) our services. You have the right to request us to inform you whether personal data relating to you is being processed.
21.3 If you do not wish to receive interesting information or offers, you can let us know by sending an email to contact@paradiseapartmentscuracao.com.
22. General
22.1 Paraiso Oasis will send its correspondence digitally unless this proves impossible.
22.2 These General Terms and Conditions are drawn up in the Dutch language. In case of differences between the Dutch text and a translation into English or another language, the Dutch text is binding.
22.3 These General Terms and Conditions replace all previous publications of general terms and conditions.