1.       Introduction

Company name and address: LLink2 N.V. dba Experience St. Martin, The Quill Road 4, Weymouth Hill, St. Martin.

LLink2 N.V. – hereafter Experience St. Martin – operates a booking platform for tourist excursions, tours and activities under the domain www.experience-st-martin.com.

Website users can search for offers that are provided by tourist companies and book excursions, tourist attractions, tours and activities on the site. The role of Experience St. Martin during the booking process is purely a broker between the website user that is making a booking and the service provider of the tourist activity. Once Experience St. Maarten confirms the booking of the user, a contract is made between the website user and the provider of the tourist service upon the terms and conditions of the provider.

These general terms and conditions as well as the booking platform use is governed by the actual terms of use and our privacy policy, which is found under “terms of use and privacy policy”.

2.       Booking process

By clicking “Place Order” you book a tourist activity or place a legally binding order of the services provided in the shopping cart. You are requested to check and confirm if your personal- and booking details are correct. Right after successfully receiving your booking request and your payment, a confirmation email is sent to you and the tour operator or service provider will be informed of your order request. Within 24 hours, the provider will accept or reject the request. If your request is accepted, the contract between you and the provider is bindingly concluded. The confirmation of this acceptance and the voucher of the service you booked, functions as proof of purchase. A rejection of the order request is unusual, but in case it happens, there will be no contract between the provider and user, and your payment will be reimbursed by Experience St. Martin.

3.       Cancellation rules

(1)    You can request cancellation of the booking within 14 days after purchase, by writing an email or fax and send it to us. There is no need to explain why you are not able to attend.

(2)    Cancellation rule (1) is precluded, in case a date and/or timeframe have been agreed on for the booked activity or service.

(3)    All payments will be reimbursed within 30 days and according to the rules, as long as the cancellation is valid.

4.       Provision of services: terms and conditions of the providers of touristic services

(1)    The services that have been agreed on, are delivered by the provider its account, responsibility and liability.

(2)    The acceptance of the booking request by the provider is the confirmation that the contract between the user and the provider has been concluded.

(3)    It is the responsibility of the user to be on time at the agreed meeting point.

(4)    It is possible that the provider has certain requirements for the user to be able to successfully participate in the booked activities, such as having a certain drivers’ license. In the description of the activities and tours concerned on the booking site, these preconditions are stated. Complying with the preconditions is the responsibility of the user. If the requirements are not met, the provider reserves the right to refuse admittance to or exclude the user from a tourist activity. The user will not receive a refund of the ticket price in such case. If you are not sure, we advice to contact Experience St. Martin and/or the provider for the exact participation requirements and conditions.

(5)    Ticket price will not be refunded either after provider refused admittance or excluded the user from a tourist activity because the customer put his/herself and/or other in danger or by any means interrupted the activity.

(6)    Insurance is not included – unless stated explicitly – in the prices on the booking site of Experience St. Martin. It is the responsibility of the user to arrange the right insurance for the tourist activity selected.

(7)   The following guidelines apply, in the case of making a booking for a defined date and/or time and as long as there are no separate descriptions on the booking site or on the voucher/ticket

Ø  You are entitled to a full refund if your cancellation is received at least 5 days prior to the start of the booked tourist activity.

Ø  If you cancel your tourist activity in less than 5 days prior to the booked tourist activity, it will be considered as a no-show and you will not get a refund.

Ø  To avoid a cancellation or a no-show if user is unable to attend the activity at the booked date, Experience St. Martin and the provider will try to find an alternative date for the user.

(8)    The tourist activity may be cancelled by the provider on short notice due to extreme weather conditions, regulatory actions, or other unforeseen external circumstances that make it impossible or dangerous to carry out the tour/activity. In such case, you will receive a full refund of the ticket price and/or other compensation legally determined.

(9)    The provider reserves the right to make minor changes to the tourist activity in case it is necessary because of unforeseen circumstances.

(10) The provider shall be liable for its services in accordance to the applicable local law. Limitation and exclusion of liability is permissible under applicable local law.

(11) The legal relationship between the user and the provider of tourist activities and services is governed by the applicable local law.

5.       Liability

(1)    Experience St. Martin shall not assume any liability whatsoever for the services that are being provided on its booking website. The services offered on the site are from the providers of tourist services that use Experience St. Martin as a booking platform to sell its services. Claims towards the providers are according to their terms and conditions as explained in article 4. and also the applicable local law.

(2)    All liability for damages caused by computer viruses, spy software and other harmful computer software shall be excluded.

(3)    Users’ claims against the providers should be settled directly between the user and the provider of tourist services. If there is no mutual agreement, Experience St. Martin will try to negotiate between the parties and reassess the claims based on the information provided. If Experience St. Martin deems the claims justified, it will come with an amicable settlement and/or a refund proposal for the user.

(4)    Experience St. Martin is not liable for interruption, damages or delay caused by internet connection problems, access issues, power outages or other unforeseen circumstances out of control of Experience St. Martin (‘force majeure’). If affected by such inconvenience, Experience St. Martin will inform the other parties immediately. In case of inconvenience for more than three (3) months, Experience St. Martin and the other parties have the right to withdraw from the contract and damage claims shall be excluded.

6.       Intellectual property and copyright laws

(1)    Experience St. Martin, its affiliates or third-parties, are the owner or licensee of all intellectual property rights associated with our website, and the content published on it. All content is protected by applicable copyright laws. Same applies to all trade names, brands, logos, custom graphics and icons on the site. All such rights are reserved.

(2)    You must not use any part of the content on our website for commercial purposes without the prior written approval or without obtaining permission from Experience St. Martin or its partners.

(3)    In case of violation of copyright law and these rules, especially in the case of reproduction, distribution, modification or otherwise use of the website content, Experience St. Martin reserves the right to take legal action.

7.       Place of jurisdiction and governing law

(1) The here noted general terms and conditions of the agreement are subject to the St. Martin law and the parties hereby submit to the court of competent jurisdiction: The High Court of St Maarten.

8.       Closing remarks

(1) We may revise and update the terms and conditions as well as the presentation and functionality of the booking website at any time by modifying the terms on our website. Please check from time to time if any changes were made to the terms, as they are binding on you. Your continued use of the website after any amendments to the terms of use will mean you accept those changes. Experience St Martin may change, delete, update or supplement any aspect of the website without prior notice.

(2) The current valid general terms and conditions can be found at any time on the Experience St. Martin website.