Terms and Conditions
Reservations will be confirmed by taking a deposit. Please see our deposit policy in the shop. We advise you to sign up ahead of time as spots cannot be guaranteed. Packages do not include special trips and/or equipment.
Cancellations can be made 24 hours in advance without any charge. For cancellations within 24 hours, a fee of 25% will be applied. No Shows will be charged the full amount.
For pre-bookings (booked more than 14 days prior to arrival) within 14 days of arrival, 25% of agreed rate will be charged; within 3 to 7 days of arrival, 50% of agreed rate; within 48 hours of arrival, 75% of agreed rate. No Shows will be charged the full amount.
For group bookings, terms may vary depending on i.e. the intermediary, tour operator, trip leader, etc.
Please check departure times for our trips with the facility you are engaging in your dive/snorkel/boat/swim/watersports activity from. Please be present at least 20 minutes prior to departure or you may lose your spot.
A deposit will be kept until any rental equipment is returned, rinsed and in the same condition as you originally rented it from us. The equipment will be charged to your account for every day it is in your possession. Rinsing regulators without dust-caps will result in a $10 cleaning fee. Lost or missing weights will be charged at $5 per pound.
We accept American Dollars, Netherlands Antillean Guilders, Travelers Checks, Debit and Credit Cards.
This policy is issued by Gift Encounters N.V. with trade name Ocean Encounters Curaçao (“we”) and is addressed to individuals with whom we interact, including individual customers, intermediaries, booking agents, vendors, employees and other recipients of our services (together, “you”).
This policy describes how we collect, hold, use and disclose personal information that you provide, is provided on your behalf or is collected by us. We are subject to the privacy and data protection laws that may be applicable in Curaçao. This policy should not be viewed as a supplement to such local privacy laws and will not vary or diminish our obligations under the applicable local privacy laws. To the extent this policy conflicts with any provisions of local privacy laws, such local privacy laws will take precedence over this policy.
This policy may be amended or updated at our discretion from time to time to reflect changes in our practices with respect to the processing of personal data, or any changes in applicable law.
1. Personal data
The categories of personal data about you that we may process, subject to applicable law, are as follows:
- Personal details: name(s); date of birth; age; id; photos.
- Contact details: telephone number; email address; fax; local accommodation details.
- Dive education details: certification level, certification agency, number of dives.
- Employee details: education level, education received, former employers and work experience.
- Financial details: company name; billing address; bank account numbers; credit card numbers; cardholder or accountholder name and details.
- Electronic identifying data: IP addresses; cookies; activity logs; online identifiers; unique device identifiers; and geolocation data.
- On behalf of third party certification agencies or service providers: medical waiver details (see also their privacy declarations on their respective websites) and/or above details.
2. Collection of personal data
We collect or obtain personal data about you from a variety of sources as follows:
- Directly from you; or
- Via a third party service provider i.e. booking agent, intermediary; or
- When you visit our website or use any features or resources available on or through our website. When you visit our website, your device and browser may automatically disclose certain information i.e. via cookies (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information), some of which may constitute personal data.
- Cookies – a cookie is a small file that is placed on your device when you visit a website (including our website). It records information about your device, your browser and, in some cases, your preferences and browsing habits. We may process your personal data through cookie technology.
3. The legal basis for processing your personal data
We seek to collect or otherwise process your personal data, for the following legal basis:
- The processing is necessary for compliance with a legal obligation under a contract with you;
- We have, in accordance with applicable law, obtained your explicit consent prior to processing your personal data (as above, this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is in any way necessary or obligatory); or
- Processing is necessary for reasons of substantial public interest and occurs the basis of an applicable law that is proportionate to the aim pursued and provides for suitable and specific measures to safeguard your fundamental rights and interests.
4. Purposes for which we may process your personal data
The purposes for which we may process personal data are:
- Maintaining and updating your contact information where appropriate;
- Marketing and promotional activities;
- Providing you with information or assistance that you request from us;
- Providing you with the services requested;
- Notifying you about changes to our services;
- Quality assurance and training purposes;
- Complying with our legal and regulatory requirements (incl. as employer).
5. Disclosure of personal data to third parties
We will not intentionally disclose or transfer (and will take reasonable steps to prevent the unauthorized or accidental disclosure of) your personal data to third parties without your consent. As long as those parties agree to keep this information confidential, we may disclose your personal data, to:
- Accountants, auditors, financial advisors, lawyers and other outside professional advisors;
- Trusted third party processors, who assist with operating the website, payment services providers incl. CX Pay and its affiliates and or service providers; etc.
We may also disclose your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
6. Data security
We have implemented appropriate technical and organizational security measures designed to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of processing, in accordance with applicable law.
7. Retention of your personal data
We will retain your personal data in accordance with our data retention policy.
8. Rights to access, rectification, erasure, restriction of processing
Subject to applicable law, you may have the right on legitimate grounds to request access, rectification, erasure, and/or restriction of processing to your personal data.
9. Your consent
10. Disclaimer website
The data contained in this website www.oceanencounters.com is intended to provide general information to the public incl. you. Reasonable skill and care has been used in producing the website and keeping the data updated. However, we do not guarantee that all data on the website is accurate, complete or up-to-date. We accept no responsibility or liability for any errors, omissions, or inaccuracies, in the information provided, nor for any loss, damage, injury or expense, suffered or incurred as a result of reliance on the information on this website. The data on the website does not constitute legal advice nor is intended to address the specific circumstances of any particular legal or natural person.
This website may be amended or updated at our discretion from time to time without notice in order to provide accurate content. If you find a mistake or something that should not be there, please contact [email protected].
This website www.oceanencounters.com and any content contained herein may not be copied, modified, transmitted, distributed, sold, displayed, licensed, or reproduced in any way by you without our express written permission.
All agreements and legal relationship with you is under the Curaçao law. Venue for any and all disputes that may arise between you and Ocean Encounters Curaçao will be submitted to a court of competent jurisdiction in Willemstad, Curaçao.
12. Contact details
If you have any comments, questions or concerns about our processing of personal data, please contact [email protected]