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Terms and Conditions for DushiGo
Last Updated: December 2024
Welcome to DushiGo! These Terms and Conditions ("Terms") govern your use of the DushiGo website at https://www.dushigo.com ("Website") and the services provided by DushiGo ("we", "us", or "our"). By accessing our Website or using our services, you agree to comply with these Terms.
1. About DushiGo
DushiGo is an online platform that connects travelers with licensed boat captains and operators offering boat excursions, snorkeling tours, and marine adventures in Curaçao. DushiGo is NOT a boat tour operator and does NOT provide boat excursion services directly. We are a web platform that facilitates connections between customers and independent service providers.
2. Platform Role and Limitations
Platform Service: DushiGo operates as an intermediary booking platform only. We facilitate communication and payment processing between customers and boat operators.
Third-Party Services: All boat excursions, tours, and marine activities are provided by independent third-party operators who are solely responsible for their services.
No Direct Services: DushiGo does not own, operate, or control any boats, vessels, or excursion services listed on our platform.
3. PROVIDER LIABILITY AND RESPONSIBILITY
Complete Responsibility: Service providers (boat captains, boat owners, and operators) bear FULL LIABILITY AND RESPONSIBILITY for:
- Safety of all passengers during excursions
- Proper maintenance and operation of vessels
- Compliance with all maritime safety regulations
- Provision of safety equipment (life jackets, emergency equipment)
- Weather assessment and trip safety decisions
- All aspects of the excursion service delivery
Insurance Requirements: All service providers must maintain current and adequate liability insurance coverage for their operations.
Professional Standards: Service providers are required to:
- Hold valid captain's licenses where applicable
- Maintain vessel registration and compliance certificates
- Follow all local maritime laws and regulations
- Provide services as advertised on the platform
4. BUYER LIABILITY AND RESPONSIBILITY
Customer Obligations: By booking through DushiGo, customers acknowledge and agree that:
- They participate in marine activities at their own risk
- They are responsible for their own safety and well-being
- They must follow all safety instructions provided by the boat operator
- They must disclose any medical conditions that may affect their safety
- They are responsible for their personal belongings during excursions
Risk Acknowledgment: Customers understand that marine activities involve inherent risks including but not limited to:
- Risk of drowning or water-related accidents
- Exposure to sun, wind, and weather conditions
- Risk of injury from boat operations or marine life
- Risk associated with snorkeling and water activities
5. DUSHIGO LIABILITY DISCLAIMER
NO LIABILITY: DushiGo explicitly disclaims all liability and will NOT be held liable for:
- Any loss, injury, or death occurring during boat excursions or related activities
- Damage to personal property during excursions
- Failure of service providers to deliver services as promised
- Accidents, injuries, or incidents involving third-party service providers
- Weather-related cancellations or modifications to excursions
- Any actions or omissions by service providers
Platform Limitation: DushiGo's role is limited to:
- Providing a platform for service discovery and booking
- Processing payments between customers and providers
- Facilitating communication between parties
6. Bookings and Payment
Booking Process: All bookings must be made through our Website or approved booking channels. Customers must provide accurate information during booking.
Payment Processing: Payments are processed through our third-party payment provider, Stripe. All fees, including applicable taxes, are displayed at checkout.
Confirmation: After payment, customers receive confirmation with service provider contact details and excursion information.
7. Cancellation and Refunds
Cancellation Policy: Cancellation terms are set by individual service providers and vary by operator and excursion type.
Weather Cancellations: Service providers have sole discretion to cancel trips due to weather or safety concerns.
Refund Processing: Refunds, when applicable, are processed according to the specific provider's cancellation policy.
Force Majeure: Neither DushiGo nor service providers are liable for cancellations due to circumstances beyond their control.
8. Service Provider Verification
Licensing: We require service providers to submit proof of valid captain's licenses and vessel registration.
Insurance: Providers must maintain current liability insurance coverage.
Ongoing Compliance: Providers are responsible for maintaining all required certifications and compliance.
No Guarantee: While we verify documentation, DushiGo does not guarantee the ongoing performance or safety practices of service providers.
9. Prohibited Activities
Customers agree not to:
- Engage in illegal activities during excursions
- Bring prohibited items (weapons, illegal substances, etc.)
- Interfere with boat operations or safety procedures
- Harass other passengers or crew members
- Violate local laws or maritime regulations
Service providers may terminate excursions for violations without refund.
10. Privacy and Data Protection
Data Collection: We collect personal data necessary for booking management and safety requirements.
Privacy Policy: Detailed information about data handling is available in our Privacy Policy.
Safety Information: Customer safety information may be shared with service providers as necessary for safe excursion delivery.
11. Terms Modifications
Updates: We may update these Terms periodically. Updated Terms will be posted on our Website.
Notification: Significant changes may be communicated via email to registered users.
Acceptance: Continued use of our Website after updates constitutes acceptance of revised Terms.
12. Applicable Law and Disputes
Governing Law: These Terms are governed by the laws of Curaçao and the Netherlands Antilles.
Jurisdiction: Any disputes will be resolved in the appropriate courts of Curaçao.
Dispute Resolution: Parties agree to attempt mediation before pursuing legal action where possible.
13. Emergency Procedures
Emergency Contacts: Service providers are required to maintain emergency communication capabilities during all excursions.
Incident Reporting: Any incidents must be reported immediately to local authorities and DushiGo within 24 hours.
Medical Emergencies: Service providers are responsible for coordinating emergency medical response if needed.
14. Contact Information
For questions about these Terms or to report safety concerns:
Email: support@dushigo.com
Phone: +5999-XXX-XXXX (Emergency incidents only)
IMPORTANT SAFETY NOTICE:
Marine activities involve inherent risks. By using DushiGo's platform, you acknowledge that you participate in boat excursions at your own risk and that the liability and responsibility for your safety rests entirely with the service provider (captain, boat owner, and operator). DushiGo is not responsible for any loss, injury, or death that may occur during excursions.
Thank you for choosing DushiGo to discover Curaçao's marine adventures. Stay safe and enjoy responsibly!