PART 1 – Definitions and Applicability

1. Definitions

For the purpose of these Terms and Conditions, the following definitions apply:

1.1 Dolphins Bonaire

The company Dolphins Bonaire, located on Bonaire, Caribbean Netherlands, responsible for offering and operating maritime recreational activities, including but not limited to:

• snorkeling activities

• guided snorkeling

• diving activities

• ocean excursions

• private charters

• sunset cruises

• Klein Bonaire trips

• sightseeing cruises

• fishing trips

• photo and video activities

• other onboard and in-water activities

1.2 Guest / Participant / Client

Any natural or legal person who makes use of the services provided by Dolphins Bonaire, places a booking, or participates in activities, regardless of whether this person made the booking themselves or participates as part of a group.

1.3 Service

All products and services offered by Dolphins Bonaire, both onboard and in the water, including but not limited to: transportation, catering, photo and video services, equipment rental, guidance, instruction, and all supplementary activities.

1.4 Tour / Charter / Activity

Any boat trip, excursion, or activity organized or guided by Dolphins Bonaire, as described on the website, in communication materials, or in the confirmation sent to the guest.

1.5 Website

The online platform operated by Dolphins Bonaire, including www.dolphinsbonaire.com and all related subdomains, booking platforms, and digital communication systems.

1.6 Agreement

Any agreement between Dolphins Bonaire and the guest that arises from a booking, confirmation, participation, or payment, and to which these Terms and Conditions apply.

1.7 Deposit

The advance payment made by the guest to confirm a reservation or booking.
Credit card fees and transaction fees are always the responsibility of the guest.

1.8 Total Amount

The full amount the guest owes for the booked service, including ABB (General Expenditures Tax).

1.9 Remaining Balance

The amount still owed by the guest after the deposit has been paid, which must be paid before the start of the tour or immediately after (depending on the booking type).

 

1.10 Cancellation Fees

Fees charged when a confirmed booking is cancelled by the guest within the applicable cancellation period. These fees cover, among other things:

• preparation costs

• administrative costs

• reserved crew

• lost revenue

• logistical expenses

1.11 Force Majeure

Any unforeseeable situation beyond the control of Dolphins Bonaire, including but not limited to:

• extreme weather

• technical failures

• crew illness

• strikes

• demonstrations

• safety risks

• governmental measures

• natural conditions

• pandemics

• war situations

• transportation problems

• unsafe sea conditions

1.12 Crew

All employees, guides, dive instructors, captains, assistants, or any other persons performing work on behalf of Dolphins Bonaire.

2. Applicability

2.1

These General Terms and Conditions apply to all services, agreements, bookings, reservations, activities, and interactions between Dolphins Bonaire and the guest, regardless of whether these were made verbally, in writing, digitally, or through third parties.

2.2

Deviations from these Terms are only valid if explicitly confirmed in writing and in advance by Dolphins Bonaire.

2.3

If Dolphins Bonaire does not strictly enforce certain provisions, this does not constitute a waiver of the right to enforce such provisions at a later time.

2.4

By participating in any activity of Dolphins Bonaire, the guest declares that they:

• have fully read these Terms

• understand these Terms

• agree to all provisions

• accept all risks associated with the activity

2.5

These Terms are binding for all participants listed under the same booking.
The main booker is responsible for sharing these Terms with all participants.

2.6

Dolphins Bonaire reserves the right to amend these Terms at any time.
The version in effect at the time of the booking confirmation applies.

 

 

2.7

In case of any discrepancy between the Dutch and English versions, the Dutch version prevails unless explicitly agreed otherwise.

GENERAL TERMS & CONDITIONS – DOLPHINS BONAIRE

PART 2 – Prices, Payments, Reservations & Bookings

3. Prices, Currency & Payments

3.1 Currency

• All prices are stated in USD (United States Dollars).

• Payment in other currencies is not accepted unless agreed in writing.

• Any currency conversion costs or exchange rate differences are the responsibility of the guest.

3.2 Taxes

All prices include ABB (General Expenditures Tax), comparable to VAT, but non-deductible in the Caribbean Netherlands.

3.3 Deposits

• Each type of booking requires a deposit.

• The deposit amount depends on the activity (snorkeling, sunset cruise, private charter, fishing, diving, etc.).

• Credit card fees, transaction fees, or service fees are always the responsibility of the guest.

3.4 Remaining Balances

Depending on the activity:

Shared tours (snorkeling, Klein Bonaire, sunset, etc.):

• The remaining balance must be paid before the start of the tour.

Private charters:

• The remaining balance must be paid in full no later than 48 hours before departure, unless agreed otherwise in writing.

3.5 Accepted Payment Methods

• Credit card (with surcharge)

• Online payment link (with transaction fees)

• Cash (USD) onboard or at the office – only if agreed in advance

• Bank transfer (for private charters, with sufficient processing time)

3.6 Full Prepayment

Dolphins Bonaire reserves the right to require full prepayment for specific activities, especially for:

• private charters

• fishing trips

• diving

• large groups

• customized arrangements

• last-minute bookings

Any fees will always be charged to the guest.

3.7 Failure to Pay or Late Payment

• If payment is not received on time, Dolphins Bonaire has the right to cancel the booking without refund of the deposit.

• In case of payment issues, Dolphins Bonaire may require additional verification or a security deposit.

4. Reservations

Dolphins Bonaire distinguishes between reservations and bookings.

4.1 Reservations (not yet binding)

A reservation is not a booking and does not guarantee availability.

A reservation may arise:

• via the website

• via WhatsApp / telephone

• via hotel receptions, booking partners, or tour desks

• via social media

• via a quotation or inquiry

Dolphins Bonaire:

• may decline, reschedule, or cancel a reservation at any time

• is not responsible for incorrect or incomplete information provided by the guest

Examples of errors not covered by Dolphins Bonaire:

• wrong date or time provided

• incorrect accommodation listed

• dietary requirements or allergies not communicated

• incorrect phone number, email, or hotel name

A reservation becomes a booking confirmation only when:

• the deposit has been received, and

• Dolphins Bonaire confirms in writing that the trip will proceed

5. Bookings (binding)

A booking becomes final when:

1. Dolphins Bonaire confirms the reservation in writing

2. the deposit has been received

3. Dolphins Bonaire intends to carry out the activity

From that moment, the cancellation conditions described in Part 3 apply.

5.1 Changing a booking

• Changes (time, date, number of guests, activity) are only possible by mutual agreement.

• Dolphins Bonaire may decline changes if availability is insufficient.

• Changes may result in additional costs.

5.2 Incorrect Information at Booking

The guest is fully responsible for providing correct information.

Dolphins Bonaire is not liable for miscommunication resulting from:

• incorrect information

• missing information

• changes not communicated in time

• incorrect contact details

Any resulting costs are borne by the guest.

6. No-Shows & Late Arrival

6.1 No-Show

If a guest does not appear at the agreed time and location:

• this is considered a no-show

• no refund will be issued

• any outstanding amounts will be charged in full

6.2 Late Arrival

Because Dolphins Bonaire operates on a time-sensitive schedule:

• late arrival may result in a shortened tour

• or refusal of participation

• no refund will be issued if the tour is shortened or missed

If Dolphins Bonaire must wait, additional costs may be charged.

7. Fraudulent Payment Claims / Chargebacks

Dolphins Bonaire maintains a zero-tolerance policy regarding unjustified credit card chargebacks.

If a guest files a fraudulent claim:

• Dolphins Bonaire reserves the right to recover all legal costs, external collection fees, and administrative fees from the guest

• future bookings will be refused

• the case will be legally pursued under Caribbean Netherlands law

This protects Dolphins Bonaire from common “refund scams.”

 

GENERAL TERMS & CONDITIONS – DOLPHINS BONAIRE

PART 3 – Cancellations, Changes & Force Majeure

8. Cancellation Policy – General

The cancellation policy of Dolphins Bonaire is strict and is intended to protect operational costs, crew planning, and loss of income.
By making a booking, the guest expressly agrees to the cancellation conditions set out below, regardless of the reason for cancellation, including personal circumstances, travel issues, health reasons, or weather expectations.

9. Cancelling a Reservation (non-binding)

A reservation (not yet a confirmed booking) may:

• be cancelled at any time by either Dolphins Bonaire or the guest

• be removed without any charges

• be treated without any rights or guarantees attached

Reservations have no financial consequences.

10. Cancelling a Booking (binding)

A booking confirmation is binding and carries financial consequences.

10.1 Booking with Deposit

Cancellation by the guest:

• More than 72 hours before the start of the tour:
  → deposit refunded in full, minus any transaction and bank costs

• Between 72 and 48 hours before the start of the tour:
  → 50% of the deposit will be retained

• Less than 48 hours before the start of the tour:
  → no refund of the deposit

10.2 Booking Paid in Full in Advance

Cancellation by the guest:

• More than 72 hours before the start of the tour:
  → 100% refund, minus transaction costs

• Between 72 and 48 hours before the start of the tour:
  → 25% of the total amount will be retained

• Less than 48 hours before the start of the tour:
  → 50% of the total amount will be retained

10.3 Day of the Tour / Less than 24 Hours

• 100% cancellation fee

• no refund

• valid reasons (illness, travel issues, weather expectations, jet lag, etc.) are no exception

11. No-Show Policy

A no-show means that the guest:

• does not show up

• cannot be reached

• is not ready in time

• is not present at the correct location

In case of a no-show:

• no refund will be issued

• 100% of the total amount will be charged

• same-day changes are not possible

12. Late Arrival

Our activities depart strictly on time.

If a guest arrives late:

• participation may be refused

• the tour may be shortened

• the boat cannot return to pick up guests

• no refund will be given

Dolphins Bonaire is not responsible for:

• traffic jams

• incorrect location provided

• traffic related to cruise ship operations

• miscommunication by hotels

• delays caused by third parties

• lack of parking

13. Changes by the Guest

Changes are only possible:

• up to 72 hours before the tour

• subject to availability

• and after written confirmation by Dolphins Bonaire

Changes that may result in additional costs include:

• change of date

• change of time

• reduction in number of participants

• upgrade of the activity

• additional services (catering, photo/video, etc.)

14. Cruise Ship Guests – Special Policy

Dolphins Bonaire offers extra protection to cruise passengers, under strict conditions.

14.1 Full Refund is Only Granted When:

• the cruise ship does not call at Bonaire, or

• the cruise ship changes its itinerary in such a way that the guest no longer visits Bonaire

Proof from the cruise line is required.

14.2 If the Ship Arrives Earlier/Later or is Moved to the Same Day:

• the tour will automatically be rescheduled to match the new arrival time or date, where possible

• a refund is not possible

14.3 If the Guest Personally Decides Not to Go Ashore:

• this will be considered a no-show

• no refund will be given

15. Cancellations by Dolphins Bonaire

Dolphins Bonaire may cancel a tour in the event of:

• unsafe sea conditions

• a defect or malfunction of the boat

• extreme weather conditions

• illness or injury of crew

• governmental measures

• situations that affect safety

• circumstances beyond reasonable control

In such cases, the guest may choose between:

1. a full refund, or

2. rescheduling to another date

→ These are the only two options; no additional compensation is provided.

16. Force Majeure

Force majeure includes, among other things:

• tropical storms, hurricanes, severe storms at sea

• power outages

• engine failure / technical problems

• medical emergencies

• international disruptions (strikes, war, pandemics)

• unforeseen circumstances involving the crew

• natural phenomena (currents, jellyfish, lack of visibility)

In such situations, Dolphins Bonaire is not liable for direct or indirect damage, costs, losses, or missed experiences.

17. Weather Conditions

Bonaire has changing weather patterns and sea conditions can change quickly.

Important:

• rain is not a valid reason for cancellation

• cloudiness is not a valid reason for cancellation

• wind is not a valid reason for cancellation

• “it looks like bad weather” does not entitle the guest to a refund

• only the captain decides whether a tour will proceed

GENERAL TERMS & CONDITIONS – DOLPHINS BONAIRE

PART 4A – Safety, Risks & Liability (GENERAL)

18. General Safety Obligations

18.1 Following Instructions

All guests are required at all times to:

• follow instructions given by the crew

• comply with safety guidelines

• act immediately upon any warnings

• use equipment as prescribed

18.2 Captain’s Authority

The captain of Dolphins Bonaire always has the final say, including with regard to:

• weather conditions

• sea conditions

• route and stops

• time spent at locations

• access to water activities

• admission of guests onboard

• use of equipment

• shortening, adjusting, or terminating the tour

If a guest refuses to follow instructions, then:

• the tour may be terminated immediately

• no refund will be given

• the guest may be refused participation in future activities

19. Guest Responsibility

19.1 General Obligations

The guest declares that they:

• are physically and mentally able to participate

• do not have a medical condition that increases risk

• are not using expired or prohibited medication

• have not consumed alcohol or drugs prior to water activities

• will provide honest and complete medical information

19.2 Age & Supervision

• Minors must always be supervised by a parent or legal guardian.

• Dolphins Bonaire is not responsible for supervising children.

20. Assumption of Risk

By participating, the guest fully and unconditionally acknowledges that all activities of Dolphins Bonaire involve risks.

These risks include, but are not limited to:

• slipping, falling, tripping

• seasickness

• hypothermia / overheating

• cramps, fatigue, exhaustion

• interaction with currents, waves, swell, and wind

• contact with rocks, coral, or sandbanks

• injury caused by boat movement

• equipment that may fail

• injury caused by other guests or nearby boats

• panic reactions

• accidents during boarding and disembarking

The guest acknowledges that participation is entirely at their own risk.

21. Exclusion of Liability

Dolphins Bonaire, its crew, management, partners, and owners are under no circumstances liable for:

21.1 Personal Injury

Including but not limited to:

• cuts

• bruises

• sprains

• fractures

• allergic reactions

• infections

• drowning

• loss of consciousness

• medical problems before, during, or after the activity

21.2 Psychological Harm

Such as anxiety, panic, stress, trauma, shock reactions.

21.3 Damage to Personal Property

Such as:

• phones

• cameras

• glasses

• watches

• clothing

• guests’ dive or snorkel gear

• jewellery

• bags

Water and valuables are always the guest’s own responsibility.

21.4 Loss, Theft or Damage

Dolphins Bonaire is not liable for:

• items that fall overboard

• items that get wet

• items that are lost

• unattended belongings

22. Medical Responsibility

22.1 Own Responsibility

The guest is fully responsible for:

• assessing their own health

• determining their own fitness level

• reporting any medical risks

22.2 No Medical Duty of Care by Crew

Dolphins Bonaire does not provide:

• medical diagnosis

• professional health assessments

• monitoring of medical conditions

22.3 Medical Costs

• Any medical costs are always the responsibility of the guest.

• Dolphins Bonaire is not responsible for ambulance, hospital, or first-aid costs.

23. Alcohol & Drugs

23.1 Alcohol

Alcohol consumption onboard is allowed in moderation.
Dolphins Bonaire may:

• refuse alcohol

• remove alcohol

• restrict alcohol consumption

If a guest:

• is intoxicated

• displays dangerous behaviour

• refuses instructions

• endangers themselves or others

→ the tour may be terminated immediately
→ no refund will be issued

23.2 Drugs

Illegal drugs are strictly prohibited.
If found:

• the guest will be removed from the tour immediately

• no refund will be given

• authorities may be notified

24. Prohibited Behaviour & Onboard Safety

Dolphins Bonaire applies a zero-tolerance policy for:

• aggression

• intimidation

• inappropriate behaviour

• disrespect towards crew

• dangerous conduct

• jumping from the boat without permission

• navigating in restricted zones

If such behaviour occurs:

• the captain may remove the guest

• the tour may be terminated

• the guest will not receive a refund

• future bookings may be refused

25. Damage Caused by the Guest

25.1 Compensation for Damage

The guest is liable for:

• damage to the boat

• damage to equipment

• damage to gear

• additional cleaning costs

• repairs caused by improper use

25.2 Minimum Professional Service Fee

Dolphins Bonaire may:

• charge a minimum service fee

• plus the actual costs of replacement or repair

GENERAL TERMS & CONDITIONS – DOLPHINS BONAIRE

PART 4B – Activity-Specific Risks & Liability

26. Snorkeling (with or without guidance)

Snorkeling always involves risks, even for experienced swimmers.

The guest acknowledges, among other things, the risk of:

• drowning

• strong currents / wave action

• limited visibility

• seasickness

• cramps, fatigue, hyperventilation

• panic reactions

• contact with marine life

• exhaustion

• damage to personal belongings

26.1 Swimming Ability

• All adult guests must be able to swim.

• Minors may only enter the water under supervision of a parent/guardian.

• Dolphins Bonaire is not liable if guests overestimate their own swimming ability.

26.2 Snorkeling is Never Mandatory

If the guide determines that the guest:

• is too tired

• has insufficient swimming experience

• cannot be kept safe

• is under the influence

• does not follow instructions

→ participation may be refused.
→ no refund will be given.

26.3 Rental Equipment

Snorkeling equipment is provided “as is”.
Dolphins Bonaire is not liable for:

• equipment that does not fit perfectly

• equipment that breaks

• comfort issues

The guest is always responsible for checking the equipment beforehand.

27. Diving

Diving is an activity involving serious risks.

The guest acknowledges risks such as:

• decompression sickness

• lung overexpansion

• blackouts

• equalization problems

• danger from currents

• contact with coral or marine life

• exhaustion underwater

• equipment failure or incorrect use

27.1 Certification

Each guest declares that they:

• hold a valid dive certification (if required)

• are medically fit to dive

• have recent diving experience

Dolphins Bonaire may verify or reject certifications.

27.2 Medical Statement

Diving requires a complete “fit-to-dive” declaration.
If the guest withholds medical information:

• Dolphins Bonaire is fully released from liability

27.3 Dive Instructor Authority

The instructor may refuse any diver if there is a safety risk.

27.4 Dive Equipment

The use of dive equipment is entirely at the guest’s own risk.
Dolphins Bonaire is not liable for:

• equipment failure

• incorrect assembly

• leaks

• loss of equipment

28. Fishing Trips

Risks include:

• hooks, lines, and knives

• sharp objects

• slippery surfaces

• large fish

• impact from moving fish

• boat movement while reeling in fish

• seasickness

Dolphins Bonaire is not liable for:

• injuries

• cuts

• damage to personal belongings

• loss of the guest’s fishing gear

28.1 No Catch Guarantee

Nature is unpredictable:
No specific catch is guaranteed.

29. Wildlife Encounters

Dolphins Bonaire does NOT guarantee that guests will see:

• dolphins

• turtles

• rays

• sharks

• fish

• other marine life

Risks include:

• startle or shock reactions

• contact with marine life

• burns (e.g. fire coral)

• stings (e.g. sea urchins, jellyfish)

• bites

Dolphins Bonaire is not liable for interactions with marine life.

30. Activities on Klein Bonaire / Sandbanks

Risks include:

• strong currents

• sudden wave action

• uneven seabed

• sharp rocks, coral, or shells

• limited shade (risk of overheating)

The guest is responsible for:

• sun protection

• sufficient hydration

• handling equipment safely

31. Alcohol Consumption During Activities

31.1 Alcohol + Water Activities

• Snorkeling / swimming under the influence is not allowed.

• Dolphins Bonaire may refuse participation if visible intoxication is observed.

31.2 Alcohol Onboard

If the guest consumes alcohol:

• they do so at their own risk

• Dolphins Bonaire is not liable for accidents caused by alcohol

32. Photo and Video Services

Risks include:

• phones getting wet

• equipment being lost at sea

• cameras being damaged

• unintentional recording of guests

Dolphins Bonaire is never liable for:

• lost cameras

• damaged cameras

• wet phones

• lost GoPros

Media created by the crew

• Dolphins Bonaire may use photos/videos for marketing (unless the guest objects in advance).

• The guest is not entitled to any compensation.

33. Transport by Boat

Risks include:

• falling due to waves

• jolts caused by wave impact

• slipping on wet surfaces

• losing balance due to boat movement

The guest must hold on at all times.

34. Boarding / Entry & Exit

Boarding and leaving the boat are risk-bearing actions.

Dolphins Bonaire is not liable for:

• falls while boarding

• tripping over equipment

• injuries while climbing back on board

35. Dry Bags & Personal Items

So-called “dry bags” are never 100% guaranteed to be waterproof.
Dolphins Bonaire is not liable for wet or damaged belongings.

GENERAL TERMS & CONDITIONS – DOLPHINS BONAIRE

PART 4C – Legal Protection & Limitation of Liability (US-Law Style)

36. Release of Liability

The guest hereby fully, unconditionally, and voluntarily releases Dolphins Bonaire, its owners, crew members, employees, representatives, agents, subcontractors, and partners from all forms of liability, including but not limited to:

• personal injury

• death

• loss of property

• theft

• damage

• medical expenses

• psychological trauma

• economic loss

• any other form of damage or loss

This release applies:

• before, during, and after the activity

• both onboard and in the water

• including situations beyond the control of Dolphins Bonaire

37. Assumption of Risk

The guest acknowledges that participation in maritime activities involves inherent risks that cannot be fully eliminated by Dolphins Bonaire, even with maximum safety measures.

The guest voluntarily accepts all risks, including the risk of:

• drowning

• injury from falling, slipping, or impact

• injury caused by marine life

• injury caused by equipment

• collisions

• accidents during boarding/disembarking

• material damage

• unforeseen changes in weather

• damage caused by other guests

• the absence of wildlife sightings

The guest accepts personal responsibility for his/her own safety.

38. Hold Harmless Clause

The guest agrees to hold Dolphins Bonaire harmless from:

• all claims

• lawsuits

• costs

• attorney fees

• medical expenses

• third-party damage claims

• compensation for staff

• investigation costs

• all legal expenses

arising from actions, negligence, conduct, or wrongful behaviour of the guest.

39. Indemnification Clause

The guest expressly agrees to indemnify Dolphins Bonaire against:

• claims by family members

• claims by travel companions

• claims by insurers

• claims by heirs or next of kin

• claims by third parties

even in the event of the guest’s injury or death.

40. No Claim for Punitive Damages

The guest voluntarily waives the right to claim punitive damages, also referred to as “penal damages” or “punitive compensation”.
This is a crucial protection against U.S.-style claims.

41. No Class Action / No Group Claim

The guest declares that he/she will:

• not file any group claim

• not initiate a class action

• not initiate a collective lawsuit

• not file a mass claim

against Dolphins Bonaire.
Claims may only be brought on an individual basis.

42. Limitation of Liability

If Dolphins Bonaire is nevertheless held liable despite the above, then:

• liability is limited to a maximum of the amount paid by the guest for the activity

• Dolphins Bonaire is not liable for consequential damages

• Dolphins Bonaire is not liable for indirect damages

• Dolphins Bonaire is not liable for emotional damages

• Dolphins Bonaire is not liable for loss of income or travel plans

43. Venue & Jurisdiction Clause

All civil and legal disputes are subject exclusively to:

• the laws of the Caribbean Netherlands, and

• the exclusive jurisdiction of the Court of Bonaire.

The guest waives:

• the right to litigate in the United States

• the right to litigate in Europe

• the right to litigate in any other country

This prevents guests from bringing U.S.-based claims in their home country.

44. Arbitration Clause (Mandatory Arbitration)

Before any legal proceedings are initiated, the guest agrees to:

• mandatory arbitration

• conducted on Bonaire

• by a recognised independent arbitrator

• with costs shared between the guest and Dolphins Bonaire

A lawsuit may only be initiated after arbitration has been attempted.

45. Waiver of Jury Trial

The guest voluntarily waives the right to a jury trial.
This prevents U.S. jury-based claims.

46. Severability Clause

If any provision is found to be invalid or unenforceable:

• all other provisions shall remain in full force and effect.

47. No Guarantees Clause

Dolphins Bonaire does not guarantee that:

• the weather will be perfect

• wildlife will be seen

• conditions will be ideal

• equipment will function 100% without issues

• photos/videos will always be successful

• every location will be accessible

48. Guest Responsible for Own Insurance

Dolphins Bonaire strongly advises guests to take out:

• travel insurance

• medical insurance

• dive insurance (for divers)

Dolphins Bonaire is not liable for any costs that would otherwise be covered by insurance.

GENERAL TERMS & CONDITIONS – DOLPHINS BONAIRE

PART 5 – Miscellaneous Provisions

49. Guest Behaviour

1. Respectful Behaviour
   Guests must behave in a proper and respectful manner towards:

   • the crew

   • other guests

   • wildlife

   • other vessels

   • local rules and customs

2. Zero Tolerance
   Dolphins Bonaire maintains a zero-tolerance policy for:

   • aggressive behaviour

   • intimidation

   • racist remarks

   • unwanted sexual advances

   • threats

   • vandalism

   • bullying

   • insults directed at the crew

3. Removal from the Vessel
   If a guest misbehaves, Dolphins Bonaire reserves the right to:

   • remove the guest from the vessel immediately, or

   • terminate the trip with immediate effect,
     without any refund.

4. Damage Caused by the Guest
   Guests are fully liable for any damage they cause (directly or indirectly) to:

   • the vessel

   • engines

   • equipment

   • snorkeling gear

   • electronics

   • furniture

   • safety equipment

   • catering facilities

The full costs of repair or replacement will be charged to the guest.

50. Alcohol Consumption

1. Permitted but Responsible
   Alcohol is permitted for guests of legal drinking age on Bonaire.
   Excessive alcohol consumption is not allowed.

2. Crew May Refuse Service
   The crew may at any time:

   • refuse to serve alcohol

   • remove alcohol

   • close the bar area

3. Restrictions During Activities
   Guests who have consumed alcohol are not allowed to:

   • snorkel

   • freedive

   • dive

   • jump from the boat

   • swim in currents

4. Alcohol-Related Incidents
   Incidents caused by alcohol consumption are entirely the responsibility of the guest.

51. Drugs & Prohibited Substances

1. Illegal Substances Strictly Prohibited
   This includes:

   • marijuana

   • cocaine

   • pills

   • narcotics

   • psychoactive substances

   • illegal painkillers

2. Zero Tolerance
   If drugs are found:

   • the trip will be terminated immediately

   • no refund will be given

   • authorities may be notified

   • the guest will be removed from the vessel

3. Medication
   Medication must be in its original packaging.
   Dolphins Bonaire is not liable for adverse reactions or side effects.

52. Smoking & Vapes

1. Smoking Only in Designated Areas
   Due to fire risk, smoking is only allowed in areas designated by the crew.

2. Prohibited Onboard

   • vapes in enclosed spaces

   • joints/cannabis

   • open flames

   • smoking materials on cushions or deck surfaces

3. Waste
   Cigarette butts must be disposed of in the designated ashtray/bin.
   Throwing butts into the sea will result in immediate termination of the trip without refund.

53. STINAPA Nature Fee

1. For snorkeling, diving, or water activities, each guest must have a valid STINAPA Nature Fee, unless exempt.

2. Guests are personally responsible for:

   • purchasing their Nature Tag

   • bringing proof of payment/ticket

3. Dolphins Bonaire is not liable for fines or denied access imposed by STINAPA.

54. Privacy & Personal Data

1. Minimal Data Collection
   Dolphins Bonaire only collects data necessary for:

   • bookings

   • safety procedures

   • communication

   • legal obligations

2. Storage
   Personal data is stored securely and not kept longer than legally required.

3. Sharing with Third Parties
   Data is never shared, except when:

   • legally required (e.g. police, customs)

   • necessary to process the booking

   • explicitly authorised by the guest

55. Photos & Videos

1. Use by Dolphins Bonaire
   Photos and videos taken by Dolphins Bonaire may be used for:

   • social media

   • website

   • marketing

   • promotions

unless a guest clearly objects in advance.

1. Identifiable Images
   No clearly identifiable portraits will be published without permission.

2. Liability
   Dolphins Bonaire is not liable for:

   • bad weather affecting photos

   • damage to personal cameras

   • lost GoPros, drones, or phones

3. Drone Policy

   • only allowed with the captain’s permission

   • the guest is fully liable for any drone-related damage

   • drones are not allowed to fly directly above wildlife

56. Catering & Allergies

1. Guests must inform Dolphins Bonaire of any allergies in advance.

2. Dolphins Bonaire cannot guarantee an allergen-free environment.

3. The guest is personally responsible for their:

   • allergy medication

   • EpiPen

   • dietary restrictions

4. Dolphins Bonaire is not liable for allergic reactions.

57. Sustainability & Environment

1. Guests must comply with environmental rules:

   • no littering or throwing waste overboard

   • no touching coral

   • no disturbing wildlife

   • no use of sunscreens containing oxybenzone

2. Violations may result in termination of the trip without refund.

58. Prohibited Items Onboard

The following items are prohibited onboard:

• weapons

• knives (other than a small pocketknife)

• drugs

• glassware (unless explicitly permitted by the crew)

• fireworks

• chemicals

• spray cans

• laser pointers

• amplified speakers (personal music at low volume is allowed)

The crew may inspect bags if required for safety reasons.

59. Lost & Left-Behind Items

Dolphins Bonaire is not liable for lost items.
Found items will be kept for a maximum of 7 days.

60. Pets

Pets are not allowed, except for certified service animals (with proof).
The crew always has the final say.

61. Language & Interpretation

These Terms and Conditions are available in:

• Dutch

• English

In the event of interpretative differences:
the Dutch version shall prevail.

GENERAL TERMS & CONDITIONS – DOLPHINS BONAIRE

PART 6 – Final Provisions & Legal Structure

62. Force Majeure

1. Dolphins Bonaire is not liable for any damage, delay, change, or cancellation that directly or indirectly results from circumstances beyond its control, including but not limited to:

   • extreme weather

   • storms, heavy seas, strong winds

   • pandemics or epidemics

   • crew illness

   • accidents, breakdowns, or engine failures

   • strikes

   • war, riots, terrorism

   • governmental restrictions or reforms

   • natural disasters

   • (temporary) port or nature park closures

2. In case of force majeure, Dolphins Bonaire may:

   • reschedule the activity

   • adjust the activity

   • shorten the activity

   • cancel the activity

3. Refunds in case of force majeure are determined solely by Dolphins Bonaire and may vary per situation.

63. Changes to Program or Route

1. The captain may, at any time, change the program, route, order, or activities if safety requires it or circumstances so demand.

2. This may occur, among other things, due to:

   • strong wind

   • waves that are too high

   • currents

   • crowding at the destination

   • protected wildlife in the area

   • technical attention required for equipment

3. Such changes do not give any right to a refund.

64. Duration of the Trip

1. The duration of an activity communicated in advance is indicative only.

2. Delays may arise due to:

   • check-in procedures

   • transportation

   • conditions at sea

   • slow-moving guests

   • waiting times in the marina

3. Dolphins Bonaire is not liable for missed subsequent arrangements, such as:

   • dinner reservations

   • flight times

   • cruise ship departure times

   • transfers

   • excursions elsewhere

65. Guests Arriving Late

1. Guests must be present at the agreed time.

2. The boat will depart on time, unless Dolphins Bonaire decides otherwise.

3. Late arrival = shortened trip or no participation.

4. No refund will be given when a guest is late due to their own actions.

66. Poor Sea Conditions / Seasickness

1. Seasickness occurs and is not a reason for a refund.

2. Dolphins Bonaire is not responsible for medication, nausea, vomiting, dehydration, or complaints caused by wave motion.

67. Medical Condition & Fitness to Participate

1. Guests are personally responsible for determining whether they are medically fit to participate.

2. Dolphins Bonaire is not liable for medical complications, including:

   • heart problems

   • respiratory issues

   • panic attacks

   • allergic reactions

   • injuries

   • pregnancy-related complications

3. The crew are not medical professionals and may not provide medical diagnoses.

4. Guests must bring their own medication, including:

   • EpiPen

   • inhalers

   • travel sickness medication

   • allergy medication

68. Minors

1. Minors may only participate under the supervision of a parent or legal guardian.

2. The parent/guardian is fully responsible for the behaviour and safety of their minor(s).

3. Dolphins Bonaire is not responsible for supervising children.

69. Liability of Dolphins Bonaire (Limitation)

If Dolphins Bonaire is held liable despite all waivers, the following applies:

• liability is limited to a maximum of the amount the guest has paid

• Dolphins Bonaire is not liable for:

  • consequential damage

  • emotional damage

  • loss of income

  • travel plans or loss of time

  • damage to personal belongings

  • economic loss

  • indirect damage

70. Jurisdiction & Applicable Law

1. All services and disputes are governed exclusively by the law of the Caribbean Netherlands.

2. The competent court is exclusively the Court of Bonaire.

3. Guests waive the right to initiate legal proceedings in any other country.

4. This prevents claims being brought in the United States or Europe.

71. Mandatory Arbitration

Before legal proceedings can be initiated, the parties must first:

• participate in mandatory arbitration on Bonaire,

• under the supervision of a recognised arbitrator.

Costs are shared between the guest and Dolphins Bonaire.

72. No Jury Trial & No Class Actions

1. The guest waives the right to a jury trial.

2. The guest may not initiate:

   • a class action

   • a mass claim

   • a group lawsuit

All claims must be submitted on an individual basis.

73. Severability of Provisions

If any provision is declared invalid, all other provisions of these Terms and Conditions remain fully valid.

74. Amendments to the Terms and Conditions

1. Dolphins Bonaire may amend these Terms and Conditions at any time.

2. The most recent version is always decisive.

3. Existing bookings are subject to the Terms and Conditions that were valid on the date of booking.

75. Acceptance of the General Terms and Conditions

By booking via:

• the website

• WhatsApp

• email

• telephone

• the office

• an external provider (such as a hotel, resort, or cruise operator)

the guest declares that they fully agree to these Terms and Conditions, regardless of whether they have explicitly read them.