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Terms and Conditions

1. Definitions
In these General Terms and Conditions, the following definitions apply:

Services: The by Commewijne River Lodges NV with her River Cruiser Mi Gudu and her Plantage Resort Frederiksdorp services offered and to be provided concern:

Sailing trips with one or more vessels for a number of persons, with or without the use of catering services, all this as further described in the agreements concluded between the parties; Stay at Plantage Resort Frederiksdorp in one or more of the lodges and use the communal facilities including restaurant, swimming pool, Spa (sauna, fitness) and children’s play equipment, etc described in the agreements concluded between the parties; Tours on and/or near Plantage Resort Frederiksdorp, whether or not accompanied by a guide.

Client:
The party to whom the contractor has made an offer or with whom an agreement has been concluded
entered into as well as the persons for whose benefit the other party has entered into the agreement.

Contractor:
Commewijne River Lodges NV that carries out work on behalf of the client or
services as described above.

2. Applicability of these terms
2.1. These terms and conditions apply to all offers and agreements of Rivercruiser Mi Gudu and Plantage Resort Frederiksdorp. Unless otherwise agreed in writing, these terms and conditions are deemed to have been accepted by the other party. of these conditions can only be deviated from if Commewijne River Lodges NV confirms this in writing.

2.2. Anyone who participates in and/or uses the services offered by or on behalf of Commewijne River Lodges NV and facilities is deemed to have taken cognizance of the contents of these general terms and conditions and to agree to them.

2.3. These general terms and conditions are deemed to apply as permanently customary terms and conditions of Commewijne River Lodges NV to (future) follow-up and/or additional offers as well as to agreements, the conclusion and/or implementation thereof. It all this unless Commewijne River Lodges NV expressly confirms that other conditions apply.

2.4. Any general terms and conditions used by the other party do not apply unless these have been agreed by Commewijne River Lodges NV have been expressly accepted in writing. Signing by or on behalf of Commewijne River Lodges NV of documents from the client on which such conditions have been declared applicable, does not constitute written acceptance thereof by Commewijne River Lodges NV.

3. Offers
3.1. Unless a validity period is expressly stated in the offer, all offers from Commewijne River Lodges NV are without obligation and no rights can be derived from it. General terms and conditions Commewijne River Lodges NV with regard to River Cruiser Mi Gudu en Plantation Resort Frederiksdorp

3.2. Commewijne River Lodges NV reserves the right to refuse an assignment to provide services without stating reasons.

3.3. If Commewijne River Lodges NV has started the execution of an assignment for the client, the the client is deemed to have entered into an agreement with Commewijne River Lodges NV from the date of execution in full accordance with
the offer made for this purpose.

4. Conclusion and execution of the agreement
4.1. The agreement is concluded by written or electronic confirmation by Commewijne River Lodges NV to the client that the assignment has been accepted or by signing the agreement by the client. In urgent cases, the agreement may also be made orally.

4.2. The client is not entitled to terminate the agreement with Commewijne River Lodges NV without the prior written consent of Commewijne River Lodges NV to be transferred in whole or in part to third parties.

4.3. Commewijne River Lodges NV determines the manner in which the assignment is performed within the limits of what is between the parties agreed.

5. Changed Execution
If, before or during the execution of the agreement, it appears that this or a part thereof, due to unforeseen circumstances, is only modified form or at another time, the party that first becomes aware of such circumstance shall consult with the other party. Commewijne River Lodges NV, if necessary, will point out to the other party the financial consequences that can reasonably be borne by the other party come from the other party.

6. Changes
Changes to the agreement will only be effective if they have been agreed in writing between the parties. If changes lead to increase or decrease in costs, a resulting change in the price must be agreed between the parties.

7. Cancellation by the client
Please contact: [email protected]

8. Payments
8.1. Payments by the client to Commewijne River Lodges NV must be made in accordance with the payment conditions stated on the invoice, without settlement or suspension for whatever reason. In the absence of such conditions, payment must be made within fourteen (14) days of the invoice date.

8.2. Commewijne River Lodges NV reserves the right to demand payment in advance.

8.3. In the case of cashless payment, the date of payment is the day of crediting the bank account of Commewijne River Lodges NV, in the case of cash payment only applies the receipt issued by Commewijne River Lodges NV as proof and time of payment,

8.4. Payment must be made within the specified periods, failing which the other party will be in default by operation of law without further notice of default.

9. Costs in case of non-payment or late payment
9.1. From the date of default, the client owes a penalty interest of 2% per month on the total amount owed, whereby a part of the month is counted as a whole month. Furthermore, Commewijne River Lodges NV is then entitled to suspend the execution of the agreement and the the other party is obliged to reimburse all costs, both in and out of court, which are incurred or will be incurred by Commewijne River Lodges NV as a result.

9.2. All costs incurred or will have to be incurred by Commewijne River Lodges NV as a result of the client’s failure to fulfill its obligations and to enforce the rights of Commewijne River Lodges NV, are for the account of the client. including, but not limited to, all extrajudicial costs in the event of the involvement of an authorized representative, lawyer or bailiff. General terms and conditions Commewijne River Lodges NV with regard to River Cruiser Mi Gudu and Plantation Resort Frederiksdorp

9.3. The extrajudicial costs amount to at least 15% (excl. OB) of the amount to be claimed per claim. All costs associated with judicial collection are for the account of the client including those of the judicial execution.

9.4. Commewijne River Lodges NV has towards the client, who has not paid on time, without prejudice to its other rights under the terms and conditions and/or the
law, the law:

to demand immediate full payment from the client for all client current agreements, even if payment in installments has been agreed to suspend its performance(s), also from all current agreements with the client without prejudice to its right to demand security for payment simultaneously or later. to cancel/terminate the relevant agreement in whole or insofar as it has not been performed by a written statement from Commewijne River Lodges NV; all current agreements with the client, in respect of which the client is not in default, in whole or to the extent not performed, can be canceled/terminated through one of Commewijne River Lodges NV originating written statement;

9.5. Except in the event that the right to cancel/terminate the agreement as above under d has been used, Commewijne River Lodges NV may
change its measures taken as listed above at any time.

10. Price
All prices are based on the circumstances that apply at the time of the conclusion of the agreement. If these conditions change after the conclusion of the agreement, Commewijne River Lodges NV is entitled, stating the resulting additional or less costs, the agreed prices increase or decrease by the amount by which the costs have been increased or decreased. Such circumstances include, but are not limited to:
taxes at home or abroad, wages, price and exchange rate changes.

11. Confidential Information
The parties mutually undertake to maintain the confidentiality of confidential information of the other party. Each party will take all reasonable precautions
in order to fulfill this obligation as well as possible.

12. Cooperation of the other party
12.1. The Client will always provide Commewijne River Lodges NV in a timely manner with all necessary information that is required for a good and safe service.

12.2. If information necessary for the execution of the agreement is not made available to Commewijne River Lodges NV, not on time or not in accordance with the agreements, or the client does not fulfill its obligations towards Commewijne River Lodges NV in any other way, this may lead to suspension of the fulfillment of the obligations of Commewijne River Lodges NV will eventually lead to the cancellation/termination of the agreement and Commewijne Lodges N.V. is entitled to all costs incurred as a result. to be charged to the client. General terms and conditions Commewijne River Lodges NV with regard to River Cruiser Mi Gudu and Plantage Resort Frederiksdorp

12.3. The client must immediately follow the instructions of (the employees of) Commewijne River Lodges NV (River Cruiser Mi Gudu and Plantage Resort Frederiksdorp). follow. Access to the boat, the jetty and/or Plantage Resort Frederiksdorp can be refused by Commewijne River Lodges NV without stating reasons, if this is deemed necessary for any reason.

12.4. It is not possible to deviate from the starting time of the sailing trips and/or tours. The late arrival of (part of) the passengers is at the risk and expense of
the contractor. An explicit request from the other party, to be confirmed in writing in that case, can be waited until all passengers are present. Deviations from the
agreed departure time are entirely at the expense and risk of the client. The duration of the cruise and/or tour can then be shortened as much as the delay
has lasted. In the event of a possible extension of the tour, the price will automatically and proportionally increase and will then be calculated on the basis of subsequent calculation.

13. Complaint(s)
13.1. Complaint(s) is/are understood to mean all grievances of the client with regard to the execution of the agreement and/or with regard to the invoices by, from/or
on behalf of Commewijne River Lodges NV.

13.2. A complaint will only be considered if it is immediately addressed to the manager or one of the resort guides.

13.3. Minor deviations in or during the execution of the agreement, which are considered permissible in daily traffic, cannot constitute grounds for complaints.

13.4. The payment obligation of the client is not suspended by submitting a complaint.

13.5. If the client has not submitted or complained about his/her complaint to Commewijne Lodges N.V. within the period referred to under 13.2, the the client is deemed to have approved the services rendered and/or the invoices. In the absence or late submission of such a (complaint) report, all alleged claims of the client pursuant to such complaint(s).

14. Liability for Damage
14.1. Commewijne River Lodges NV accepts no liability for damage as a result of a defective or late execution of the agreement, nor is it liable for any other direct and/or indirect damage, including injury (damage) of the client, unless that damage is due to gross negligence, recklessness or intent on the part of Commewijne Lodges N.V. and/or its employees.

14.2. In all cases in which Commewijne River Lodges NV is obliged to pay any compensation, this will in no case exceed the amount of the concerning the agreement by or on behalf of Commewijne River Lodges NV invoiced and billable amounts (excl. VAT) to the client

14.3. After the complaints period as referred to in Article 13.2, Commewijne River Lodges NV no longer accepts liability for any shortcomings on its part, unless
a warranty agreed in writing applies which otherwise stipulated. General terms and conditions Commewijne River Lodges NV with regard to River Cruiser Mi Gudu and Plantage Resort Frederiksdorp

14.4. Commewijne River Lodges NV expressly accepts no liability whatsoever with regard to all persons that Commewijne River Lodges NV uses in the provision of its services has enabled.

14.5. The client’s legal claim for compensation for its damage lapses and is therefore inadmissible if it is instituted after one (1) year after the execution of the
the relevant agreement.

14.6. The client indemnifies Commewijne River Lodges NV against all damage, including immaterial damage, that third parties, through the actions of the client or persons for whom the client can be held responsible, should they suffer during the execution of the agreement between the parties.

14.7. The client is responsible and liable for the behavior of the passengers and/or persons brought on board or at the resort. Client serves for own
risk to take out the necessary insurance.

14.8. The client is jointly and severally liable for damage due to the loss and/or damage to property and possessions of River Cruiser Mi Gudu and the Plantation
Resort Frederiksdorp which is caused by the client or persons for whom the client can be held responsible.

15. Force Majeure
15.1. Commewijne River Lodges N.V. is not obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that cannot be blamed on its
negligence, nor under the law, legal act or generally accepted views, such as but not limited to: storm damage, natural disasters, obstruction by third parties, obstructive measures of any government, traditional tribes and or traditional culture, war, strike, fire, malfunction and accidents in the company (of third parties), as well as shortcomings or force majeure of suppliers or third parties whose services Commewijne River Lodges NV uses

15.2. In the event of force majeure or other circumstances of such a nature that, in reasonableness and fairness, (further) fulfillment of the agreement cannot be required, a. Commewijne Lodges N.V. will suspend the execution of the agreement;
b. if such suspension has lasted at least continuously for three months or as soon as it is established that it will last longer than three months, either party may cancel/terminate the agreement in whole or in part without judicial intervention by means of a registered letter to the other party with immediate effect.
c. This right to cancellation/termination lapses if, before using the opportunity to cancel, as indicated under b of this article, the obligation, the
fulfillment was temporarily prevented due to force majeure, is still fulfilled

15.3. In the event of cancellation/termination of the agreement due to force majeure, the obligations under the agreement come to an end, on the understanding that if the agreement is Commewijne River Lodges NV has already partially fulfilled, the client owes or will continue to owe a proportional part of the agreed price to Commewijne River Lodges NV.

15.4. In the event of force majeure, the parties cannot claim compensation from each other.

16. Suspension and Termination
General terms and conditions Commewijne River Lodges NV with regard to River Cruiser Mi Gudu and Plantage Resort Frederiksdorp

16.1. If in the opinion of Commewijne River Lodges NV the creditworthiness of the client gives cause to do so, Commewijne River Lodges NV may at any time provide further security or require advance payment of one or all agreed amounts, failing which Commewijne River Lodges NV has the right to suspend or cancel the execution of the or to terminate.

16.2. In the event that the client: does not fulfill one or more of its obligations, does not fulfill it on time or does not properly fulfill one or more of its obligations, applies for a suspension of payments, is declared bankrupt, loses the disposal of his/her assets in whole or in part, if the assets or part thereof are seized by third parties (creditors), Commewijne River Lodges NV has the right to suspend the execution of the agreement or cancel or terminate it by means of a written statement, all this at its discretion and without prejudice to any right to compensation accruing to it of damage, costs and interest.

16.3. If Commewijne River Lodges NV makes use of its power to suspend the execution of the agreement referred to in the preceding paragraphs 16.1 and 16.2, this shall not affect the obligation of the client to pay the fee/payment agreed with Commewijne River Lodges NV during the period that Commewijne River Lodges NV is carrying out its obligations.

16.4. An agreement can only be canceled or terminated by the client in the event that Commewijne River Lodges NV, after proper written notice of default, is entitled to a reasonable term is given to still fulfill its obligations, imputably continues to fail in the fulfillment of its obligations under the agreement and such that the other party is
cannot reasonably be expected to allow the agreement to continue.

16.5. In the event that the agreement is canceled/terminated by Commewijne River Lodges NV due to default on the part of the other party, Commewijne River Lodges NV retains the right to payment of the full amount agreed price as well as any (penalty) interest(s) and costs, without prejudice to its right to compensation.

16.6. The cancellation/termination must be made by registered letter to the other party; judicial intervention is not required.

16.7. If the client had already received performances for the execution of the agreement at the time of the dissolution of the agreement, he can only partially terminate the agreement. cancel/terminate and only for that part that has not yet been performed by Commewijne River Lodges NV.

16.8. Amounts that Commewijne River Lodges NV has invoiced before the cancellation/termination in connection with what it has already performed or delivered in execution of the agreement, remain unaffected and become immediately due and payable at the time of cancellation/termination without further notice of default.

17. Evidence
Subject to proof to the contrary, with regard to agreements to which these terms and conditions apply and the agreements arising therefrom, the administrative data of Commewijne River Lodges NV decisive.

18. Governing Law and Disputes
General terms and conditions Commewijne River Lodges NV with regard to River Cruiser Mi Gudu and Plantage Resort Frederiksdorp. These general terms and conditions and all based on them by Commewijne River Lodges NV Agreements entered into are governed by Surinamese law. All disputes that may arise with regard to the interpretation or the implementation of these terms and conditions or agreements will be exclusively be submitted to the competent court in Paramaribo. Registered with the Chamber of Commerce.

Paramaribo, January 11, 2017


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