Terms & Conditions PMI Curacao

This website (hereinafter “Website”) is part of and offered by PMi Curacao which is located at Eden Shopping Mall unit 13, Caracasbaaiweg 280 in Curacao.

This Website is a platform where suppliers can offer their properties (hereinafter “Lessors”  plural or “Lessor” singular) for rent through advertisements to the Website’s visitors. PMi Curacao is and will not be a party in a rental agreement of a property, which might come about between the Lessor and the Website’s visitor. Visitors who make use of any offers on this website will hereinafter be called “Renters” plural and “Renter” singular.

By accessing the Website you agree to these terms and conditions. We recommend that you to read these terms and conditions carefully. When using the Website you may be asked to agree to these terms and conditions again.

Should you have any questions regarding these terms and conditions after reading, please send an email to info@pmicuracao.com

About these terms and conditions:
These terms and conditions are comprised of 3 components:

Component 1 a general sections that applies to users of the Website, Renters and Lessors (hereinafter collectively known as “Users” plural and “User” singular);
Component 2 terms and conditions for Renters;
Component 3 terms and conditions for Lessors;

Component 1: General section for all Users

1. Additional Terms:
Additional terms may be valid with some of PMi Curacao's additional services. These terms are part of the general terms & conditions. You will be notified of these terms and given the opportunity to accept the additional terms before entering into an agreement for said additional services. Should additional terms differ from the general terms and conditions, the additional terms will take precedent over the general terms and conditions.

2. Validity and changes thereafter:
These terms are valid as of June 1st 2022 and are applicable to every single use of the website and the use of the services offered by PMi Curacao. 

PMi Curacao will update the terms and conditions whenever and wherever needed. Below we have clearly stated which terms and conditions are valid for you.

Visitors of the Website are subject to the terms that are stated on the Website at the time of the visit and can be consulted at every visit;
Renters are subject to the version of the terms and condition that was valid at the moment the booking request was sent to the Lessor;
Lessors are subject to the version of the terms and conditions that they have last been notified about either via email or in the manager on the Website.

3. Privacy Policy
PMi Curacao puts great store in your privacy and because of this we have a Privacy Policy. In our Privacy Policy we explain how we protect your privacy when you are using our website and how we deal with your personal details. You can find our Privacy Policy here and the page is accessible via the link on the bottom of the Website.

4. Website Functionality
PMi Curacao endeavors to keep the Website online and running without any errors, so we can always display the information on our Website. In the case of the functionality we are dependent on third parties. Information about the holiday properties has been compiled by Lessors and checked by PMi Curacao. For this reason we cannot guarantee that our Website will always run without interruption in the service and will always be available. Despite our efforts in checking the provided information we cannot guarantee that all information on the Website is accurate. For obvious reasons we will put every reasonable effort towards offering a fully functional, available and accurate Website.

5. Limitations of Liability and Indemnity
PMi Curacao takes care of hosting the Website and it’s availability. PMi Curacao  is not liable for damages caused by system failure, connection failure or other malfunction or failure of the Website. PMi Curacao will always endeavor to fix any connection or availability issues.

PMi Curacao is not liable for any damage caused by the use of this Website by the User.

PMi Curacao is not liable for, as much is legally permitted, any damages the User may experience, caused by;
(i) use of the services of the Website or any other service by PMi Curacao;
(ii) the unavailability or unsafe availability of the Website or parts thereof;
(iii) inaccurate information on the Website;

Users indemnify PMi Curacao of claims by third parties in respect of damage, including - but not exclusively - legal fees, incurred by entering into an agreement between Renter and Lessor, and/or the use of the Website.

6. Unauthorized use of the Website
The Website consists of, among others, a database with a varied selection of holiday accommodation (hereinafter referred to as "Database"). PMi Curacao owns the Database. The Database is subject to the database rights of PMi Curacao as mentioned in the Database law. Users are not permitted, without prior written consent of PMi Curacao, to (re)use or save parts of this Database. Should, for any reason whatsoever, the Database no longer be considered a Database as mentioned in the Database law or for any reason no longer be protected by any legal provision, then Users are still not permitted to (re)use or save any part of this Database.

PMi Curacao has been licensed by the Lessor to use all of the imagery, text and videography (hereinafter referred to as “Content”) uploaded to the Website. The Content is protected by copyright.

The following use of the Website, parts of the Website, the Database and the Content are included, is not permitted without prior written consent by PMi Curacao:

– copying, saving, re-produceing, multiplying and/or make public;
– collecting personal details;
– contact other Users to offer the same, similar or different products or services.

7. Explanation and application of the Terms and Conditions
If anything is unclear concerning one or more of the provisions in the Terms and Conditions, then it should be explained in the sense of the actual intent of these provisions.

If a situation arises between parties that is not described in these Terms and Conditions, then the situation should be judged with the intent and purpose of the Terms and Conditions.

Should one or more provisions in these Terms and Conditions or in any agreement with PMi Curacao prove to be contrary to any appropriate legal provision, then said provision will be null and void and are to be replaced by PMi Curacao with a legally sound and similar provision. Should a judicial ruling render one or more provisions invalid, this will not affect the validity of the rest of the Terms and Conditions.

8. Transfer to Third Parties
PMi Curacao is allowed to transfer her rights and obligations concerning services offered by PMi Curacao, among which the Website, to third parties and allow these third party to offer these services. Users will be notified of this on the Website.

9. Force Majeure
Notwithstanding other PMi Curacao rights she has the right,  in cases of force majeure, to suspend the execution of the agreement and its services or to terminate the agreement without judicial intervention at her own discretion, by written notification to the User, without any obligation to damages paid, unless that given the circumstances this would be unacceptable according to any standard of fairness.

Force majeure is defined as any failure that cannot be attributed to PMi Curacao, as this is not due to her fault and not under the law, legal act or generally can be attributed to PMi Curacao.

10. Abuse, applicable law and disputes
The User is not permitted to use the Website for illegal, immoral and/or criminal behavior. PMi Curacao will take firm action against abuse of the Website.

On all legal relations where PMi Curacao is a party, including any agreement between PMi Curacao and a User, only Dutch law, also if the agreement is wholly or partly executed abroad or if the involved legal party is domiciled there. The CISG is not applicable.

The Hague District Court has jurisdiction to hear disputes upon exclusion. Nevertheless PMi Curacao has the right to submit the dispute to the competent court according to the law.

Component 2 Terms and Conditions for Renters
These conditions apply in addition to the requirements of Part I.

11. Responding to offer Lessor
PMi Curacao is and will not be a party to the agreement you have or want to enter into with the Lessor. You enter independently into an agreement with the Lessor of the property. PMi Curacao will only forward your booking request and has no involvement whatsoever with (or knowledge of) any rental transaction and payment whether or not they are subsequently entered into by the Renter and the Lessor. You are required to - as you deem it appropriate – ask for any background information about the family and Lessor and to do further research on location and quality of accommodation, as well as the reliability of the Lessor.

12. Information provided on the Website
PMi Curacao strives to ensure that the information provided by the Lessors about the properties on the Website is accurate, by means of a first check of the afore mentioned properties. PMi Curacao will undertake further checks or actions when there is reason to do so. This will be at the sole discretion of PMi Curacao.

PMi Curacao, however, cannot guarantee that the information on the Website at any time is accurate and reliable.  PMi Curacao cannot be held liable for damages, direct or indirect, arising from use of the information on the Website.

PMi Curacao you cannot guarantee that the property offered on the Website by Lessors will meet your expectations.

13. Booking Request
Sending a booking request to the Lessor is a binding agreement, unless a contrary provision is included in the offer of the Lessor on the Website. Lessors are required by PMi Curacao to respond to a booking request, however no later than 5 working days after receiving the request by the Renter. If a Lessor does not respond within these five days the Renter may consider the booking request expired (the "Expired inquiry") without any further obligation to the Lessor. When sending the booking request the Renter gives PMi Curacao permission to register the Renter to the PMi Curacao newsletter which is sent to you by email. The Renter may opt out of the newsletter at any time.

14. Complaints
In case of complaints about our services, you can file the complaint by sending an email to info@pmicuracao.com Complaints must be made within a reasonable time, up to two months after discovery of the complaint. The complaint should be well motivated. PMi Curacao will acknowledge receipt of your complaint, and then strive to respond to your complaint within 14 days. If response to your complaint is not possible within 14 days, we will notify you of this within that period and let you know when you may expect a response.

15. Posting Reviews
PMi Curacao values your opinion and experience. For that reason Renters who have made a booking request via the Website, will have the ability to post a review about the rented property. That review will be posted on the page of the accommodation. Lessors have the ability to respond to a review. In all cases, reviews of Renters and the comments of a Lessor will be posted on the Website on the property’s page. A review and a response must be truthful, about an actual residence and should not contain offensive words or foul language or be offensive in nature. Ratings and comments in breach of these requirements will not be posted by PMi Curacao. PMi Curacao reserves the right to remove ratings and comments at any time or make suggestions for amendment if it deems it necessary.

Component 3 Terms and Conditions for Lessors
These conditions apply in addition to the requirements of Part I and II.

16. Registration fee and offered subscriptions
The ad will not appear on the website until after the subscription fees have been paid. Payment can be made in one of the payment methods offered by PMi Curacao and as shown in the PMi Curacao manager page.

PMi Curacao Landlords know for the following subscription form:

Yearly subscription: When you have a yearly subscription only the annual fee will be charged. The subscription fee amounts are variable and depend on the number of available accommodations the Lessor can post on the Website. With this subscription you have the option to purchase additional options at extra cost, such as advertising in PMi Curcao's newsletter and on their social media or an option to be higher in the search result. For these options, please refer to your manager page.

You can always increase your subscription when you wish to offer additional accommodations. You will pay the difference between your current plan and the new plan, with “unused” months taken into account.

You can only lower your subscription starting a new subscription year. If any of your dwellings is no longer available for rental you must notify PMi Curacao via info@pmicuracao.com so that said property can be removed from the Website 

17. Contract, termination and payment
Upon a purchasing a subscription, as mentioned in the previous article, the Lessor will enter into a contractual agreement with PMi Curacao. This contract agreement consists of placing your (private) Holiday Home on PMi Curacao. This agreement is the first contract for a period of one year. Cancellation needs to occur no later than one month before the end of the contract period, when no cancellation has been received the contract shall be renewed for one year.

Your one month’s notice can be sent by e-mail to info@pmicuracao.com. Once you receive a confirmation your notice is final. Upon termination by the Lessor all amounts owed by the Lessor on PMi Curacao will be payable immediately to PMi Curacao.

After payment of the subscription fee, your accommodation will be put online on PMi Curacao. You will receive an email confirming the online placement of your ad on PMi Curacao.

You can make payments to PMi Curacao by one of the payment methods specified on the PMi Curacao manager page.

Upon receipt of the payment and the notice of PMi Curacao that the property is put online, your subscription starts. Once a year at the start of the new subscription year you will charged the annual subscription fee. Other payable amounts for additional products and services as purchased by the Lessor, including: promotions and other optional products and services will be charged immediately.

Upon upgrading your subscription the additional charged will be payable immediately, as well as any outstanding subscription charges.

When the Lessor purchases a subscription at PMi Curacao the Lessor provides PMi Curacao with an irrevocable, worldwide license, for an indefinite period to use images, videos and text uploaded by the Lessor (the "Content") that relates to the property offered by the Lessor. This license continues even after the termination of the contract between the Lessor and PMi Curacao. The Lessor is at all times responsible for the Content posted to the Website. The Lessor is required to take care of backing up the posted Content.

18. Prices and Payment Conditions
All prices are including local taxes (OB). Any other applicable taxes will be charged on top of these amounts. It is at all times the responsibility of the Lessor to ensure that they comply with tax obligations which may apply to the Lessor’s situation.

PMi Curacao is entitled to change the fees. Changes are announced in writing or by e-mail and start at least 7 days after publication on the PMi Curacao manager page or in the newsletter, operating, or on another date specified in the announcement. The fee changes are always applicable for the next subscription period and the purchase of additional products.

Payments by the Lessor shall be made, unless otherwise specified, within 14 days after the invoice date.

19. Statutory Interest and Collection Fees
After the expiration of the payment period specified in Article 18 the Lessor will default. The Lessor will be required to pay a statutory interest over the outstanding amount as of the date of default. The cost of payment recovery after defaulting will be charged entirely to the Lessor with the extrajudicial collection costs according to the legal standards and the corresponding Decree by that law taken in to account.

In case of liquidation, bankruptcy or receivership of the Lessor all receivables are payable immediately to PMi Curacao.

The payments made are firstly deducted from all interest and costs, secondly of the longest outstanding payable invoices. The Lessor will not be entitled to settlement and/or suspension.

20. Suspension
As soon and as long as the Lessor has an outstanding invoice or is otherwise in default or fails to fulfill its obligations as set out in these terms and conditions or otherwise, PMi Curacao is allowed to suspend the implementation of the agreement and to suspend the subscription, thus deactivate the properties offered by the Lessor. The payment obligation of the Lessor remains when PMi Curacao exercises its right to suspend its subscription.

21. Providing Data
The Lessor shall ensure that all data, including that which PMi Curacao indicates are necessary or which the Lessor reasonably should understand that are necessary, will be provided to PMi Curacao. If said information is not timely provided to PMi Curacao and if it’s required for the implementation of the agreement, PMi Curacao has the right to suspend the execution of the agreement and/or charge the additional costs resulting from the delay to the Lessor at the usual rates. 

PMi Curacao is not liable for damages of any kind caused by information on PMi Curacao that is incorrect and / or incomplete data provided by the Lessor, unless such inaccuracy or incompleteness should have been known immediately.

Upon the inception of the agreement between PMi Curacao and the Lessor, the Lessor is required to have a working email address at all times, which the Lessor reads frequently (at least once a week). The Lessor is responsible for the working email address and that he reads it frequently.

PMi Curacao will seek further clarification from the Lessor if it deems it warranted. The Lessor must cooperate with any reasonable requests for information on the part of PMi Curacao about the Lessor and the property.

22. Access Account and Data Lessor
For management and configuration purposes and for the financial settlement of a transaction, PMi Curacao may access the account of the Lessor on the Website.

PMi Curacao is not liable for damage caused by unauthorized access by third parties (hacking) to the account of the Lessor.
The Lessor is responsible for its data and content. PMi Curacao is not liable for damages resulting from the loss of (part of) the data.

The Lessor is responsible for the careful preservation and management of the issued usernames and passwords for their account. PMi Curacao does not accept any liability arising from the (possibly inaccurate) use of this information.

23. Newsletter
The periodical newsletter of PMi Curacao is based on your subscription. The newsletter PMi Curacao provides tips for Lessors to improve its products and services, the latest news and important developments on the Website PMi Curacao and information about the products and services offered. If you have a subscription at PMi Curacao you also agree to receive the email newsletter. Unsubscribing from this newsletter is not possible as this is an integral part of the services offered by PMi Curacao.

24. Rules to placing an advertisement
PMi Curacao is solely and specifically designed for owners of holiday homes, who want to offer their home and rent on PMi Curacao. To safeguard this unique character and to present homes that are described entirely accurately by the owner, preferably as complete as possible and with care, we draw your attention to the following rules:

Text ads on the Dutch PMi Curacao website may only be written in Dutch. Text ads on the English PMi Curacao website may only be written in English. The Lessor is and remains responsible to ensure that the texts which he translated, whether or not, using a computer translation program are accurate and free of language errors.

The title and the text of an advertisement must be properly defined and transparent and should therefore not be incorrect or misleading. Photos or videos in an advertisement must relate to the accommodation or be in direct connection to the property. Photos of the property must be recent and form a true image of the property.

The Lessor must update the calendar of the property so that Renters can have an idea of the true availability of the property.

PMi Curacao will insure, as much as possible, that Lessors send timely replies and reserves the right to remove the relevant Lessor temporarily from the site to avoid disappointment for other tenants.

PMi Curacao has the right, within its discretion, to delete or adapt texts, images or other information posted by a Lessor in whole or in part or by the landlord placed texts, images and other information in whole or in part in terms of both ads and forums.

The Lessor should make it possible to plan a site inspection of the property by an employee of the PMi Curacao within reasonable time after placing the ad.

Ads in breach of the above rules will be deleted as soon as PMi Curacao is aware of a breach of the above rules. When PMi Curacao is aware of a minor breach of the above rules than PMi Curacao can choose at its sole discretion to remove the ad from the Website or to give notice to the Lessor to the effect that a 48 hours’ notice is given to reverse the violation of the rules.