TERMS & CONDITIONS

TERMS AND CONDITIONS FOR RENTAL AND RENTAL OF WATERCRAFT 

 

ARTICLE 1 - APPLICABILITY OF THESE TERMS AND CONDITIONS
1.1 These Terms and Conditions apply to each offer made by “Wave Riders” and to each agreement concluded between “Wave Riders” and Renter for the rental and/or use of Personal Watercraft.

1.2 These General Terms and Conditions, safety instructions and waiver will be digitally available on the official Wave Riders website for all renters. The General Terms and Conditions can be downloaded and saved. 

ARTICLE 2 - DEFINITIONS
In these Terms and Conditions, the following definitions apply:
2.1 “Wave Riders”: the company called “Wave Riders”, listed in the Trade Register of the Chamber of Commerce under number…….., which concludes an agreement with a renter for the provision of Personal Watercraft against payment of a rental fee.
2.2 Renter: a natural or legal person who concludes an agreement with “Wave Riders” for the use of Personal Watercraft, whether or not against payment of a rental fee. Any person using Personal Watercraft of “Wave Riders’ as a rider or as a passenger concludes an agreement with “Wave Riders” by using the Personal Watercraft. Wherever reference is made to Renter in these Terms and Conditions, this will mean any person using Personal Watercraft of “Wave Riders”.
2.3 Parties: “Wave Riders” and Renter, as defined in paragraphs (a) and (b).
2.4 Personal Watercraft: craft driven by a water jet engine, including the equipment and accessories belonging thereto. Personal Watercraft are intended to be used for practicing sports or for leisure purposes.
2.5 Rental Agreement: an agreement by which “Wave Riders” undertakes to make available craft to Renter against payment.
2.6 Electronic(ally): by e-mail, whatsapp messaging, webstore messaging or website.

ARTICLE 3 - OFFER/QUOTATION
3.1 Wave Riders  makes offers and submits quotations verbally, in writing or electronically.
3.2 A verbal offer will lapse if it is not immediately accepted, except when Wave Riders  has immediately given a deadline to accept the offer. The offer states:
a. the rental period and the port of departure/arrival;
b. the rental fee and any additional costs and payment method;
c. the amount of the security deposit and the method of payment thereof;.

ARTICLE 4 - AGREEMENT
4.1 Each agreement is recorded in writing or electronically.

4.2 As soon as Renter accepts the offer of Wave Riders an agreement will come into effect. If Renter booked and or accepts this offer electronically, renter will receive a confirmation from Wave Riders electronically.

4.3 In case of a written agreement. Renter will receive a copy of the signed agreement from Wave Riders electronically by email.

ARTICLE 5 - PRICE AND PRICE CHANGES
5.1 When Wave Riders and Renter agree on a rental period, this agreement includes the rental fee, deposit and any additional costs to be paid by Renter.
5.2 All amounts stated in these General Terms and Conditions are including all taxes. 

ARTICLE 6 - TERMS OF PAYMENT
6.1 Renter must pay the security deposit and rental fee when making the reservation. A reservation will not be valid if the security deposit is not paid in full. Renter can pay the rental fee directly or on location to Wave Riders by bank transfer or cash. The total fee must be paid to Wave Riders before the start of the rental period and or tour.
6.2 If Renter fails to pay on time, Renter will be in default. Wave Riders will consider the agreement to be dissolved and cancel the reservation without any further notice of cancelation to Renter.
6.3 Before commencement of the rental period, Renter must pay the agreed security deposit or have provided a security (valid credit card) for payment of the deposit. If Renter rents as part of a group, his deposit will also be used as deposit for any damage for which other members of that group are liable.
6.4 In bookings where payment is not transferred when making the reservation (e.g., in case of a corporate event or any other type of reservation that cannot be booked through the website), the invoice must be paid within 5 business days after receval of receipt. If payment has not been made before expiration date of reciept, Wave Riders  will be authorized to demand and pursue payment of the amount due without having to give Renter any further notice of default. Wave Riders will charge Renter a late fee for the associated extrajudicial collection costs which is set at 15% of the invoice amount with a minimum of $500.-. (say five hundred US Dollars). 

ARTICLE 7 - CANCELATION
7.1 If Renter wishes to cancel the Rental or tour Agreement, Renter must notify Wave Riders  thereof in writing or electronically as soon as possible. we will first try to reschedule it to another date. If rescheduling is not possible, the following cancellation policy applies. Renter can claim a refund of the rental fee equal to:
•More than 7 days before the rental or tour date: Full refund.
•Within 7 days of the rental or tour date: A 50% cancellation fee will apply.
•Within 24 hours of the rental or tour date: No refunds will be issued.
If you have additional questions, feel free to contact us.

7.2 Refunds will be transferred to the bank account of Renter within 7 days after agreement of cancelation.
7.3 If the date/time of a tour has already been rescheduled once at the request of Renter, a subsequent request to reschedule the tour will not be honored by Wave Riders , and no refund will be paid in case of subsequent cancelation.
7.4 Wave Riders reserves the right to make exceptions to this cancelation policy under extraordinary circumstances at its sole discretion.
7.5 Wave Riders  may cancel the Rental Agreement if it is of the opinion that Personal Watercraft should not be used in connection with the safety of Renter or the Personal Watercraft. The rental period will then be rescheduled by agreement. If this is not possible, Renter will receive a full refund of the rental fee within 7 days after canceling the Agreement.
7.6 Wave Riders  will not refund the rental fee in the following cases:
a. A renter expressing dissatisfaction with weather or other tour conditions will not be eligible for a refund of the rental fee. Wave Riders  will make a reasonable effort to address concerns but is not obligated to pay a refund in such cases.
b. A renter who changes his mind on the day of the tour and decides not to participate (anymore) will not be eligible for a refund of the rental fee.
c. A renter who does not pay the rental fee(s), will not receive a refund of the security deposit previously paid.
d. A renter who arrives late (arrives later than 20 minutes before the scheduled departure time) or does not show up at all for any reason will not receive a refund of the rental fee.
e. No refunds of the rental fee will be paid if Wave Riders  decides that a participant in the group of Renter does not comply with the safety obligations (e.g., cannot swim, is pregnant, does not meet the age conditions, weighs over 160 kg, does not want to or cannot sign the waiver or cannot have it signed (by an authorised person).

ARTICLE 8 - OBLIGATIONS OF WAVE RIDERS
8.1 Before commencement of the rental period, Wave Riders  will give verbal safety instructions to all persons who will be riding on a Wave Riders Personal Watercraft. Wave Riders  has the right to refuse renters without any form of explenation.

8.2 On commencement of the rental period, Wave Riders  will make the Personal Watercraft available to Renter. Wave Riders  will ensure that the Personal Watercraft is in good working and safe to use condition and is usable and equipped with proper safety equipment suitable for the agreed intended navigation area.
8.3 At the end of the rental period, Wave Riders  will receive the Personal Watercraft at the agreed place and time, unless otherwise agreed with Renter.
8.4 Wave Riders  will ensure that the necessary (emergency) telephone numbers are present in the Personal Watercraft. The location and emergency numbers will be communicated and explained during the safety breefing before the start of the rental period.
8.5 A Wave Riders Guide will be present at all times during the period of rental.  
8.6 If the instructions and safety rules have been followed, and the Personal Watercraft is returned without any damage at the agreed time, Wave Riders  will ensure that the deposit paid by Renter is refunded to Renter immediately after the tour in the same manner and to the same bank account from which the deposit was paid.

ARTICLE 9 - OBLIGATIONS OF RENTER
9.1 Renter must follow the verbal safety instructions of Wave Riders  before commencement of the rental period.
9.2 Each Renter (driver and passengers no matter the age) riding a Wave riders Watercraft must sign the Wave Riders waiver before being allowed to use the Personal Watercraft.
9.3 If Renter causes damage to third parties, he will be solely liable for the damage. Renter indemnifies Wave Riders  against all claims made by third parties that have arisen through the actions of Renter(s). This indemnity also extends to the actual costs of defense in legal proceedings.
9.4 Renter must be healthy and be able to move phisically properly.
9.5 Renter must be at least 16 years old to participate as a rider on Personal Watercraft.
9.6 Renter must be at least 18 years old to have a passenger on Personal Watercraft.
9.7 Renter must be at least 6 years old to participate as a passenger on Personal Watercraft.9.8 Renter must be able to provide identification if requested.
9.7 An agreed safety deposit must have been paid for each renter before commencement of the rental period.
9.8 Renter must be able to swim and demonstrate this to Wave Riders Guide if requested.
9.9 Renter must wear a life jacket and safety lanyard while riding the Personal Watercraft.
9.10 It is not allowed to ride the Personal Watercraft with a total weight of more than 160Kg.
9.11 Renter must refrain from any form of intoxication using alcohol and/or drugs before and while riding the Personal Watercraft.
9.12 Renter must follow the safety instructions of Wave Riders and it’s guide ad all time. As the prority is safety of Renter and third parties, for the preservation of the Personal Watercraft and for the preservation of the safety rules (rights) of Wave Riders . This also includes a prohibition to:
   A. Ride or to return to the port
   B. Prohibited to ride in certain places
   C. Prohibition to ride at a certain speed
   D. Ride directly to prohibited places and areas determined by Wave Riders and its guides.
9.13 Renter must use the Personal Watercraft with due care and in accordance with its intended use as agreed in the rental contract and this Terms and Conditions.
9.14 At the end of the rental period, Renter must return the Personal Watercraft to Wave Riders  at the agreed time and place and in the same condition in which he received the Personal Watercraft.
9.15 Renter must notify Wave Riders  of any damage as soon as possible. This also applies to facts and/or circumstances that could reasonably result in damage. If Renter has caused any damage to the Personal Watercraft, he must pay this to Wave Riders  immediately after the rental period.
9.16 If Renter does not comply with any or all obligations and safety procedurs as mentioned in this Terms and Conditions, the Rental Agreement shall be terminated immediately. In that case, Renter will not receive any refund of the rental fee and or deposit whatsover.
9.17 If Renter rents as part of a group, his deposit (credit card information) will also be used for other members of that group who are liable for the damage by not following rental usage and safety instructions as stated in the rental Agreement and this Term and Agreement.

ARTICLE 10 - MINOR RENTER
10.1 A renter who has not yet reached the age of 18 may only ride Personal Watercraft if an adult takes on liability for any damage the minor might suffer, and if this adult indemnifies Wave Riders  against any liability for whatever reason of the minor for damage caused to the Personal Watercraft and/or third parties.
10.2 Minor renters must obtain permission from their legal representative to rent a Personal Watercraft from Wave Riders . The person who gives the minor permission to rent and use the Personal Watercraft will accept the applicability of these General Terms and Conditions on behalf of the minor and indemnify Wave Riders  against all liability towards the minor for damage caused by the minor and will be liable for any damage caused to the Personal Watercraft for which the minor would be liable if he had been of age at the time of causing the damage.

ARTICLE 11 - LIABILITY
11.1 Renter will be liable for damage to and/or loss of the Personal Watercraft during the period in which he has rented and/or used the Personal Watercraft. Renter will not be liable if he can prove that the damage and/or loss was not caused by him. Damage will also be taken to mean consequential damage.
11.2 Renter will always be liable for (consequential) damage caused by him if:
a. he knowingly and willfully uses the Personal Watercraft outside the navigation area he has agreed with Wave Riders ; and/or
b. he knowingly and willfully fails to follow the instructions of Wave Riders and it’s Guide.
11.3 Wave Riders  will not be liable for damage to property or for any bodily injury or accident whatsoever.

ARTICLE 12 - FAILURE TO COMPLY WITH THE AGREEMENT
12.1 If Wave Riders  fails to comply with its obligations arising from the Rental Agreement, Renter may ask Wave Riders to comply with the agreement. If Wave Riders fails to comply with the Rental Agreement even after a written request to do so within a reasonable period, Renter may dissolve the Rental Agreement without having to go to court. In that case, Wave Riders  must immediately refund all amounts already paid by Renterto Renter.
12.2 The above does not apply if Wave Riders  offers an alternative solution that is reasonable for both parties.
12.3 If Renter returns the Personal Watercraft later than the agreed time and/or not at the agreed place, Wave Riders  will be entitled to a pro rata increase in the rental fee and to compensation of any other (consequential) damage.
12.4 If Renter does not return the Personal Watercraft in the same condition in which he received it, Wave Riders  will have the right to restore the Personal Watercraft to this condition at full expense of the Renter.

ARTICLE 13 - COMPLAINTS
13.1 If Renter has complaints about the performance of the agreement, he must immediately notify Wave Riders  thereof, so that Wave Riders  has the opportunity to address and remedy the complaints.
13.2 If Renter has complaints about an invoice, he must notify Wave Riders  thereof in writing within 2 weeksafter having received the invoice in question. Renter must sufficiently describe and explain the complaints.
13.3 If Renter does not file his complaint within 2 weeks after having received the invoice, Renter will lose allrights. 

ARTICLE 14 - CHOICE OF LAW AND FORUM
14.1 This agreement is governed by Curaçao law and all disputes relating to this agreement or rental will be exclusively brought and handeled in Curaçao courts, and the prevailing party in any litigation will be entitled to recover attorney’s fees and costs.

ARTICLE 15 - MISCELLANEOUS
15.1 Wave Riders  will provide an English text of these General Terms and Conditions. In the event of a difference of interpretation between the Dutch and English versions of these General Terms and Conditions, the Dutch text will prevail.
 

These General Terms and Conditions have been filed at the Registry of the Court of First Instance of Curaçao on Oktober, 1st, 2025.

By renting from Waver Riders B.V. Renter Agrees to the terms and conditions set forth in this contract.