It is our intention to set out clearly and simply the responsibilities which we at Midnight Sun Corporation N.V., a company registered in Aruba, have to You, your heirs, executors and assigns, and any member of your party and their heirs, executor,s and assigns (“You”) and which You, in turn, have to us when a contract is made between us. You should therefore read and understand the contents. All Aruba tours in this brochure are operated by Midnight Sun Corporation N.V. . Your contract will be with Midnight Sun Corporation N.V. as the operator and are sold subject to the following conditions (“these Conditions”).
1. a) Please note that our tours are designed for people between the ages of 04 to 60 years. We may in special circumstances approve persons slightly outside this range, but you must contact us for approval before making a booking. If You are 17 years of age and wish to book on one of our tours, please contact us before making a booking as we will require the written consent of your parent or guardian and you must be traveling with an accompanying passenger 18 or older. We reserve the sole right to decline a booking request from You should we think our tours are not suited to You.
b) A contract between You and us will exist as soon as we issue an invoice in response to your request for a booking and the tour has been paid to your travel agent or us.
2. Bookings can be made either through your local travel agent or with us direct and must be secured with full payment of the tour paid at the time of booking. This payment is nonrefundable unless we cancel your tour or if you request a cancellation 72 hours in advance. Remittance is required per the conditions outlined if a tour comprises a special offer. Full payment in this instance includes but is not limited to pre and post-accommodation and any ancillary charges. Open dated Passes must be paid in full at tithe me of purchase. Your booking is taken to be confirmed, nd accepted when we issue an invoice. If your booking is made through a travel agent, we will address all correspondence to that travel agent. All monies paid by you to the travel agent will be held by them on behalf of Midnight Sun Corporation N.V. If you arrange your tour direct with us, all correspondence and communications will be sent to your address in our booking file unless
You specify otherwise.
3. Alterations or cancellations by You after your booking has been accepted will be effected subject to the provisions of clauses 5, 6, and 7 of these Conditions.
4. Prices quoted in our brochures are calculated on costs. These prices may increase or decrease and we reserve the sole right to alter prices and other particulars contained in our brochures and on our website. Price
changes in tours featured in subsequent brochure versions will supersede the prices in this brochure. (The version date is indicated on the front cover of this brochure). Before You make a booking we will provide You with details of the current price of your chosen tour. This will also be displayed on the website. Once You have accepted this price and your booking has been confirmed in accordance with clause 2 that price will remain fixed and will not be subject to surcharges.
5. You must clearly state all your requirements at the time of booking. Please note that any requirements will be a request only. We cannot guarantee special requirements nor will we assume any responsibility or liability if your special requirements cannot be fulfilled. If you want to change any aspect of your booking including but not limited to a change to a tour of shorter duration or different departure date You must notify us as soon as possible in writing. We will do our best to accommodate your requested changes however; You will be required to pay an amendment fee based on your request. 4 If a request is made less than 72 hours before the tour, normal cancellation fees will apply in accordance with clause 7 unless the transfer or change is to an earlier departure of the same tour. In the event of a request for a change being received by us, sent from you, Midnight Sun Corporation N.V. would issue a new invoice. And all cancellation charges/amendment fees will be shown. All amendment fees are payable within the request of the issue of a new invoice or on the date of the tour, whichever is the sooner.
6. If You are prevented from traveling as a result of illness, the death of an immediate family member, jury service , or other significant reason beyond your control, we will agree to your booking being transferred to another person who satisfies all the conditions applicable to the tour, subject to You and the other person accepting liability for full payment of the tour cost and any additional costs arising from the transfer PROVIDED THAT we must be given at least 72 hours written notice of the proposed change CANCELLATION BY YOU
7. Cancellation of a booking by you must be made in writing. We will not regard a booking as canceled unless and until written notice is received by us. On cancellation, the following charges will apply:
If cancellation is requested 72 hours or more before the tour, a full refund will be issued.
If cancellation is requested less than 72 hours before the tour, no refund will be issued. Once your chosen tourist booked all booking conditions apply including cancellation charges as listed above.
9. Every effort will be made to operate all tours as advertised but it must be remembered that our tours are planned up to eighteen months in advance. Please note that the accommodation and services, featured in the brochure are indicative of those planned to use for the various tours, but it may be necessary to use alternatives in some cases. We, therefore, reserve the sole right, at our discretion, to modify or cancel any tour schedule or arrangement at any time. We will notify You as soon as possible of any material changes and they will form part of our contract with You. In the case of any material modification or cancellation, we will, if possible, provide You with three alternatives:
(1) A tour of an equivalent or closely similar standard and price, if available;
(2) A tour of a lower standard together with a refund of the difference in price; or
(3) Cancellation with a full refund of all monies paid.
10. A material modification is one that has a serious effect on your
trip and includes a change of other tours date, or change of other excursions time which
would cause substantial inconvenience to You.
11. We will endeavor not to materially modify or cancel the tour within the time frame of the date of the scheduled departure unless compelled to do so because of circumstances beyond our reasonable control. If we make a material modification or cancellation within any time before or on the day of the scheduled tour date for reasons other than Force Majeure in accordance with clause 19 you will receive compensation as stated in the scale below. In the event of cancellation, we will offer you, and your agent a tour reschedule, or a full refund ad compensation for the cancellation on our part.
12. Midnight Sun Corporation N.V. reserves to itself the sole right to require a minimum number of participants for certain tours and in the event that there are insufficient bookings recorded by not later than 72 hours before the
scheduled tour date we will be entitled to cancel the scheduled tour, whereupon all monies paid by You for your Midnight Sun Corporation N.V. tour shall be refunded but no further compensation will be paid, and you and
Midnight Sun Corporation N.V. hereby agrees to mutually release each other from any further obligations which would have been enforceable had the trip not been canceled.
13. The number of passengers carried, which vary from tour to tour, normally the maximum group size is can defer from the tour operator.