GENERAL TERMS AND CONDITIONS

De Palm Corporation V.B.A., De Palm Tours V.B.A., De Palm Island V.B.A., De Palm Watersports V.B.A., De Palm Underwater Park V.B.A. and all their relevant companies, affiliates, assigns, directors, employees or agents and their parent companies (collectively referred to as “Released Parties”) shall not be liable for any loss or damage, whether to person or property, however caused or suffered by any client/passenger participating in any activity or alighting therefrom. This includes, but is not limited to, loss or damages due to the ordinary negligence or default of any of the Released Parties.

By accepting a De Palm Tours V.B.A. activity ticket, the ticket holder binds him/herself, his/her heirs, legal representatives and assigns, and expressly releases, discharges and holds harmless the Released Parties from all claims, demands, actions, judgments and executions that he/she ever had, now has, or may in the future have, arising from any injuries, damages, or losses resulting from participation in any activity provided by De Palm Tours V.B.A. This release applies to all known and unknown claims, including those arising from the ordinary negligence of the Released Parties.

I acknowledge that the above GENERAL TERMS AND CONDITIONS also apply to the purchase of my ticket. This agreement and any suits whatsoever resulting from it shall be governed exclusively by the laws of Aruba and shall be adjudicated solely in the Courts of Aruba, with the exclusion of all other courts or jurisdictions.

In the event that any provision of this agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect (severability clause).

WAIVER (IMPORTANT PLEASE READ)

THIS RELEASES DE PALM TOURS V.B.A. FROM LIABILITY.

The activities offered by De Palm Tours V.B.A. may expose participants to dangers and risks associated with natural and man-made water and coastal environments, including but not limited to:
strong currents, tides, waves, changing weather conditions, marine life, slippery surfaces on boats or docks, vessel motion, equipment malfunction, and the actions or inactions of other participants.

I hereby remise, release and forever discharge De Palm Corporation V.B.A., De Palm Tours V.B.A., De Palm Island V.B.A., De Palm Watersports V.B.A., De Palm Underwater Park V.B.A., and its directors, personnel, affiliates, successors and assigns (the “Indemnified Party”), and for myself, my heirs, executors and administrators, remise, release and forever discharge the Indemnified Party from any and all manner of actions, causes of action, suits, damages, debts, sums of money, claims, rights or demands whatsoever, including those arising from the ordinary negligence of the Indemnified Party, and including but not limited to claims relating to personal injury, property damage, or wrongful death.

This release applies to all claims I ever had, now have, or may hereafter have, arising from participation in any of the Indemnified Party’s activities or use of its properties, in the broadest sense of the word.

Assumption of risk

I FULLY UNDERSTAND THAT I FOREVER GIVE UP ANY RIGHT TO SUE OR MAKE A CLAIM AGAINST THE RELEASED PARTIES IF I SUFFER INJURY OR DAMAGE, EVEN IF CAUSED BY THEIR ORDINARY NEGLIGENCE.

I AM VOLUNTARILY ASSUMING ALL RISKS, WHETHER FORESEEN OR UNFORESEEN, INCLUDING BUT NOT LIMITED TO:

• drowning, panic, hyperventilation, and breathing difficulties
• heart attack, stroke, or other medical emergencies
• Marine life injuries
• slips, trips, or falls aboard a vessel or dock
• collisions with objects, equipment, vessels, or other participants
• rapidly changing weather or sea conditions
• equipment failure or misuse

I understand and agree that these terms are contractual and legally binding, and that I have voluntarily read and accepted this release.

Health & Fitness Declaration

• I affirm that I am in good mental and physical condition for snorkeling and water activities.

• I am not under the influence of alcohol, drugs, or impairing medication.

• If I take medication, I affirm that I am under the care of a physician and have approval to participate in activities like snorkeling.

• I acknowledge that snorkeling and other water activities are physically strenuous and involve risks of fatigue, over-exertion, panic, or medical complications.

I will not hold De Palm Tours V.B.A., its employees, subsidiaries, or additional insured responsible for any injury arising from heart, lung, circulatory, or other medical issues that occur while participating.

Emergency Medical Authorization

In the event of an accident or medical emergency, I authorize the Released Parties to:

• administer first aid,

• obtain emergency medical care, and

• arrange transportation for me if necessary.

I acknowledge that I am responsible for all associated medical or evacuation costs.

Participant Responsibilities

I agree to:

• follow all safety instructions provided by De Palm staff,

• use all equipment properly,

• cease participation immediately if I feel unsafe or unwell.

I understand that failure to follow instructions may increase the risk of injury and does not create liability for the Released Parties.

Equipment Responsibility

I accept responsibility for any damage to equipment caused by my misuse, negligence, or failure to follow instructions.

Acknowledgement

I acknowledge that I have read, understood, and voluntarily agreed to the terms above, and that these terms are governed exclusively by Aruban law.