Article 1 Definitions 

For the purpose of the terms & conditions and in the offers and agreements to which the T&C are applicable the following words are each time understood as follows: 

1.1 Chogogo Resort 

Chogogo Dive & Beach Resort located on Bulevar N Debrot 75B that carries on a business engaged in the provision of hospitality services. 

1.2 Host 

The person who represents Chogogo Resort upon the conclusion and implementation of hospitality agreements. 

1.3 Provision of hospitality service(s)The provision by Chogogo Resort of accommodation and/or food and/or beverages and/or the availability of (meeting) space and/or premises, all with the thereto-pertaining activities and services, and all in the broadest sense of the word. 

1.4 Customer 

The natural or legal person or company that concluded a hospitality agreement with Chogogo Resort. 

1.5 Guest 

The natural person(s) to whom one or more hospitality services must be provided in pursuance of a hospitality agreement concluded with the customer. Where the T&C refer to guest or customer this is understood as both guest and customer, unless the content of the provision and its scope necessarily imply that only one of both can be meant. 

1.6 Hospitality agreement 

An agreement between Chogogo Resort and a customer regarding one or more hospitality services to be provided by Chogogo Resort at a price payable by the customer. Instead of the term hospitality agreement the term reservation is occasionally used. 

1.7 Reservation value 

The value of the hospitality agreement that equals the total expected turnover of Chogogo Resort, including potential tourist tax and VAT, regarding a hospitality agreement concluded with a customer, which expectation is based on the average numbers applicable within the relevant hospitality business. 

1.9 No-show 

A guest not making use of the hospitality service to be provided in pursuance of a hospitality agreement without cancellation. 

1.10 Group 

A group of 10 or more guests to whom hospitality services must be provided in pursuance of one or more hospitality agreements to be qualified as a coherent whole. 

1.11 Individual 

Each and every person, falling under guest or customer, who is not part of a group according to the aforementioned definition. 

1.12 Corkage and food chargeThe amount payable for the consumption of beverages and/or food in the premises of Chogogo Resort that were not supplied by Chogogo Resort. 

1.13 Cancellation 

The communication in written form by the customer to Chogogo Resort that one or more stipulated hospitality services shall not be used, either in full or in part, or the communication in written form by Chogogo Resort to the customer that one or more of the stipulated hospitality services shall not be provided, either in full or in part. 

1.14 Turnover guarantee 

A written declaration of the customer that with regard to one or more hospitality agreements Chogogo Resort shall at least realise a certain amount of turnover. 

Article 2 Applicability 

2.1 The T&C are applicable, with the exclusion of any and all other general terms and conditions, to the conclusion and the content of any and all hospitality agreements as also to any and all offers regarding the conclusion of the said hospitality agreements. 

2.2 It is only possible to deviate from the T&C in writing and on a case-by-case basis. 

2.3 The T&C also extend to the benefit of any and all natural and legal persons that Chogogo Resort relies on or relied on upon the conclusion and/or the implementation of a hospitality agreement or upon the exploitation of Chogogo Resort. 

Article 3 Conclusion of hospitality agreements 

3.1 Chogogo Resort may always, for any reason whatsoever, reject the conclusion of a hospitality agreement, unless this kind of rejection exclusively takes place on one or more grounds that are qualified as discrimination in section 429 quater of the Dutch Criminal Code. 

3.2 Any and all offers made by Chogogo Resort regarding the conclusion of a hospitality agreement are subject to contract and the proviso “whilst stocks (and/or capacity) last”. If Chogogo Resort relies on the aforementioned proviso within a reasonable period of time after acceptance by the customer then the intended hospitality agreement is deemed not to have been concluded. 

3.3 A hospitality agreement concluded for a guest (guests) by intermediaries (shipbrokers, travel agencies, online travel agents and other hospitality businesses and the like), whether or not in the name of their business relation(s), are deemed to also have been concluded at the risk and expense of the said intermediaries. Chogogo Resort is not liable to pay a commission or bonus, by any name whatsoever, unless expressly stipulated otherwise in writing. The guest (guests) and the intermediary (intermediaries) are jointly and severally liable for the payment of the amount due. 

Article 4 Option right 

4.1 An option right is the right of a customer to unilaterally conclude the hospitality agreement through the mere acceptance of a valid offer of Chogogo Resort 

4.2 An option right can only be granted in writing. An option right can be stipulated for a fixed or an open term. The option right expires if the holder of the option states not to rely on the option right or if the fixed term has expired without the holder of the option stating to rely on the option right. 

4.3 An option right cannot be revoked by Chogogo Resort, unless another potential customer makes an offer to Chogogo Resort to conclude a hospitality agreement regarding the total or a part of the hospitality services included in the option. The holder of the option must, as the occasion arises, be informed of the said offer by Chogogo Resort after which the holder of the option must state within a time limit to be im- posed by Chogogo Resort whether or not the holder of the option intends to rely on the option right. If the holder of the option does not state within the imposed time limit to rely on the option right, then the option right expires. 

Article 5 General rights and obligations of Chogogo Resort 

5.1 Pursuant to the hospitality agreement Chogogo Resort is, without prejudice to the provisions set forth in the following articles, held to provide the stipulated hospitality services at the stipulated times in the manner common for Chogogo Resort 

5.2 Chogogo Resort is authorized to always, without taking a notice period into account, terminate the provision of hospitality services to a guest if the guest acts in breach of the internal rules and/or the rules of conduct or otherwise acts in such manner that the order and the rest within Chogogo Resort and/or the normal exploitation thereof are disrupted. As the occasion arises the guest must on demand leave Chogogo Resort. If the customer otherwise fails to fully comply with his obligations vested in the same vis-à-vis Chogogo Resort on any account whatsoever then Chogogo Resort is entitled to suspend the provision of services. Chogogo Resort can only exercise the present authorities if the nature and the seriousness of the violations committed by the guest give, at the reasonable discretion of Chogogo Resort, sufficient cause to the same. 

5.3 After consultation with the competent local authorities Chogogo Resort shall be authorized to rescind the hospitality agreement extrajudicially on account of well-founded fear for disruption of the public order. If Chogogo Resort relies on this authority, then Chogogo Resort shall not be liable to pay any compensation to the customer. 

5.4 Chogogo Resort is not held to take receipt of and/or retain any good of the guest. The above implies that Chogogo Resort shall not be responsible and/or liable for damage to or loss or theft of any good of the guest that Chogogo Resort rejected to take receipt of and/or retain. 

5.5 If Chogogo Resort charges an amount to the guest for taking receipt of and/or retaining goods then Chogogo Resort must supervise the said goods as befits a good pater familias, without prejudice to the provisions set forth in article 12. 

5.6 Chogogo Resort is not held to permit any pet of the guest access and may impose conditions on the permission. The statutory provisions, including the relevant exceptions, are applicable to the permission for guide dogs. 

Article 6 General obligations of the guest 

6.1 The guest is held to comply with the internal rules and the rules of conduct applicable within Chogogo Resort and to follow the reasonable instructions of Chogogo Resort. Chogogo Resort must communicate the internal rules and the rules of conduct in a clearly visible manner or provide the same in writing. Reasonable instructions can be given orally. 

6.2 The guest is held to lend cooperation in reasonable requests of Chogogo Resort within the framework of its statutory duties regarding, inter alia, safety, identification, food safety / hygiene and limitation of nuisance. 

Article 7 Reservations 

7.1 If the guest has not arrived within half an hour after the reserved time then Chogogo Resort can consider the reservation to have been cancelled, without prejudice to the provisions set forth in article 9. 

7.2 Chogogo Resort can impose conditions on the reservation. 

Article 8 Hospitality service consisting of the provision of accommodation and/or the availability of (meeting) space and/or premises 

8.1 In case of accommodation Chogogo Resort communicates in advance at what time the accommodation is made available to the guest and before what time the guest must have checked out. 

8.2 Unless stipulated otherwise, Chogogo Resort is entitled to consider the reservation for accommodation to have been cancelled if the guest did not present himself on the first reserved day at 18:00 o’clock or if the guest did not indicate to arrive at a later time in a timely fashion and Chogogo Resort did not object to this. The above applies without prejudice to the provisions set forth in article 9. 

8.3 Chogogo Resort is entitled to require of the guest that the latter accepts a different, similar accommodation or (meeting) space and/or premises than would need to be made available according to the hospitality agreement. The guest can reject the said alternative. In the latter instance the guest is entitled to terminate the hospitality agreement to which the said request of Chogogo Resort is related with immediate effect, without prejudice to his obligations on account of other hospitality agreements. 

Article 9 Cancellations and No Shows 

9.1 Cancellation by customers, general 

9.1.1 The customer is authorized to cancel a hospitality agreement upon payment of the cancellation costs. If the customer does not arrive within half an hour after the stipulated time, then the customer is deemed to have cancelled and he shall then be liable to pay the cancellation costs. If the customer yet arrives after half an hour (or later) after the stipulated time, then Chogogo Resort can rely on the said payable cancellation costs or yet implement the hospitality agreement and require full compliance by the customer in connection therewith. 

9.1.2 At the latest one month before the first hospitality service must be provided in pursuance of the relevant hospitality agreement Chogogo Resort can inform the customer that certain individuals together are qualified as a group. Any and all group provisions are then applicable to the said persons. 

9.1.3 The provisions set forth in articles 13.1 and 14.4 are also applicable to cancellations. 

9.1.4 In case of a no-show the customer is in all instances held to pay the reservation value. A no-show remains fully chargeable in all instances, including where non-arrival is caused by force majeure or circumstances beyond the guest’s control. 

9.1.5 If not all stipulated hospitality services are cancelled then the following provisions are applicable pro rata to the cancelled hospitality services. 

9.2 Cancellation of a hospitality service comprising the provision of accommodation 

9.2.1 Individuals 

If a reservation for accommodation alone, whether or not with breakfast included, was made for one or more individuals then in case of cancellation of the said reservation the following percentages of the reservation value are applicable that must be paid to Chogogo Resort by the customer (unless stipulated otherwise in writing):In case of cancellation: 

In the event of cancellation, the following charges apply: up to 60 days prior to arrival USD 50; from 59 to 21 days prior to arrival 20% of the total amount; from 20 to 7 days prior to arrival 50% of the total amount; from 6 days prior to arrival up to and including the day of arrival, as well as in case of no-show, 100% of the total amount. 

9.2.2 Groups 

If a reservation for accommodation alone, whether or not with breakfast included, was made for a group then in case of cancellation of the said reservation the following applies (unless stipulated otherwise in writing). 

In case of cancellation before the time that according to the hospitality agreement the first hospitality service shall need to be provided, hereinafter referred to as: the “start date”, the customer is held to pay the following percentages of the reservation value to Chogogo Resort in case of cancellation: 

In the event of cancellation, the following charges apply: up to 60 days prior to arrival USD 50; from 59 to 21 days prior to arrival 20% of the total amount; from 20 to 7 days prior to arrival 50% of the total amount; from 6 days prior to arrival up to and including the day of arrival, as well as in case of no-show, 100% of the total amount. 

9.3 Cancellation of a hospitality service comprising the provision of food and/or beverages 

9.3.1 Groups 

If a reservation for a hospitality service comprising the provision of food and/or beverages alone was made (table reservation) for a group then the following percentages of the reservation value apply in case of cancellation that the customer must pay to Chogogo Resort: 

1. If a menu was agreed on:More than 14 days before the reserved time 0% 14 days or less but more than 7 days before the reserved time 25% 7 days or less before the reserved time 50% 3 days or less before the reserved time 75%
2. If a menu was not agreed onMore than 48 hours before the reserved time 0% 48 hours or less before the reserved time 50% 

9.4 Cancellation of other hospitality agreements 

9.4.1 For cancellations of any and all reservations that do not fall under articles 9.2 and 9.3 the following percentages of the reservation value apply in case of cancellation that must be paid by the customer to Chogogo Resort: 

9.4.2 If a reservation was made for a group then the following applies to cancellation of the said reservation: 

In the event of cancellation, the following charges apply: up to 60 days prior to arrival USD 50; from 59 to 21 days prior to arrival 20% of the total amount; from 20 to 7 days prior to arrival 50% of the total amount; from 6 days prior to arrival up to and including the day of arrival, as well as in case of no-show, 100% of the total amount. 

9.4.3 If a reservation was made for one or more individuals then the following applies to cancellation of the said reservation: 

In the event of cancellation, the following charges apply: up to 60 days prior to arrival USD 50; from 59 to 21 days prior to arrival 20% of the total amount; from 20 to 7 days prior to arrival 50% of the total amount; from 6 days prior to arrival up to and including the day of arrival, as well as in case of no-show, 100% of the total amount. 

9.5 Cancellation by Chogogo Resort 

9.5.1 In consideration of the following Chogogo Resort is authorized to cancel a hospitality agreement, unless stipulated otherwise. 

9.5.2 If Chogogo Resort cancels a hospitality service comprising the provision of food and beverages then articles 9.1.1 and 9.3.1 are equally applicable where customer is to be read as Chogogo Resort. 

9.5.3 If Chogogo Resort cancels a hospitality agreement other than intended in article 9.5.2 then articles 9.1.1 and 9.2.2 are equally applicable where customer is to be read as Chogogo Resort. 

9.5.4 Chogogo Resort is always authorized to cancel a hospitality agreement without payment of the aforementioned amounts if there are sufficient indications that the meeting to be held at Chogogo Resort in pursuance of the hospitality agreement is of such different nature than could be expected on the basis of the information supplied by 

the customer or on the basis of the capacity of the customer or guests that Chogogo Resort would not have concluded the agreement had it been informed of the actual nature of the meeting. If Chogogo Resort relies on this authority after the relevant meeting has already started then the customer is held to pay Chogogo Resort enjoyed thus far, however the payment obligation in respect of the remainder expires. The fee for enjoyed hospitality services is, as the occasion arises, calculated in a time proportionate manner. 

9.5.5 Chogogo Resort is authorized to, instead of exercising its authority as intended in article 9.5.4, impose further requirements on the course of the relevant meeting. If there are sufficient indications that these requirements are not (shall not be) complied with then Chogogo Resort is yet entitled to exercise the authority as intended in article 9.5.4. 

9.5.6 If and to the extent that Chogogo Resort also acts as tour operator within the meaning of the law then the following applies with regard to travel agreements within the meaning of the law. Chogogo Resort can change the travel agreement on an essential point on account of compelling circumstances that are forth- with communicated to the traveler. Chogogo Resort can also change the travel agreement other than on an essential point on account of compelling circumstances that are forthwith communicated to the traveler. 

Up to twenty days before the start of the trip Chogogo Resort can increase the travel sum in connection with changes in the transport costs, including the fuel charges, the payable duties or the applicable exchange rates. If the traveler rejects a change as intended above then Chogogo Resort can terminate the travel agreement. 

Article 9.6 Date changes reservations 

Customers can change their reservation date once without extra costs 21 days before arrival date. When this request for a date change is made the new reservation dates should be given simultaneously. Our reservations department will check for availability, the risk of no availability is for the customer. In case no new reservation dates can be arranged the request will be seen as a cancellation. 

A reservation date change request within 21 days of arrival is not accepted and our cancellation fees apply. 

Article 10 Security deposit and interim payment 

10.1 Chogogo Resort may require of the customer that he pays a security deposit to Chogogo Resort. Received security deposits are administered properly, exclusively serve as security for Chogogo Resort and are expressly not qualified as already realized turnover. By way of additional security of Chogogo Resort it may require of the customer that cooperation is lend in the supply of the required data, including the creation of a print or copy of the credit card of the customer, in order to secure the security deposit and the possibility of securing the levy of execution against the same as much as possible. 

10.2 Chogogo Resort can always require interim payment for already provided hospitality services. 

1. Chogogo Resort can recover everything that the customer is liable to pay to the same on any account whatsoever from the amount that was deposited in pursuance of the above provisions. The surplus must forth- with be repaid to the customer by Chogogo Resort. 

Article 11 Turnover guarantee 

If a turnover guarantee was issued, then the customer is held to in connection with the relevant hospitality agreement(s) at least pay Chogogo Resort the amount determined in the turnover guarantee. 

Article 12 Liability of Chogogo Resort 

12.1 Chogogo Resort shall be liable vis-à-vis the guest for damages that are the result of a failure of Chogogo Resort to comply with the agreement, unless the said failure cannot be blamed on Chogogo Resort or to persons on whose assistance Chogogo Resort relies during the implementation of the agreement. 

12.2 Without prejudice to the provisions set forth in article 5.5 Chogogo Resort shall not be liable for damage to or loss of goods that were taken to Chogogo Resort by a guest who is staying there. The customer indemnifies 

Chogogo Resort against claims of guests in connection therewith. The provisions set forth here are not applicable to the extent that the damage or the loss can be blamed on intent or gross negligence of Chogogo Resort. 

12.3 Chogogo Resort shall not be liable for damage caused to or with vehicles of the guest barring if and to the extent that the damage is the direct result of intent or gross negligence of Chogogo Resort. 

12.4 Chogogo Resort shall not be liable for damage, directly or indirectly, caused to whomever or whatever as a direct or indirect result of a defect or capacity or circumstance of, in or at a movable or immovable property of which Chogogo Resort is the holder, lessee, leaseholder or owner or that is otherwise available to Chogogo Resort, barring if and to the extent that the damage is the direct result of intent or gross negligence of Chogogo Resort. 

12.5 Liability of Chogogo Resort is limited to the amount that can within reason be insured. 

12.6 If damage is caused to goods retained for the guest for which a fee as intended in article 5.5 is paid then Chogogo Resort is liable to pay compensation for these goods resulting from damage or loss. Compensation shall not be payable in connection with other goods present in the goods presented for safekeeping. 

12.7 If Chogogo Resort takes receipt of goods or if goods are, in any way whatsoever, deposited, kept and/or left by someone wherever, without Chogogo Resort stipulating a fee for the same, then Chogogo Resort shall not be liable for damage to or in connection with the said goods, caused in any way whatsoever, unless Chogogo Resort intentionally inflicted the said damage or if the damage is the result of intent or gross negligence of Chogogo Resort. In all instances it applies that Chogogo Resort cannot be held to pay compensation for damage to goods that are present in goods that are deposited, kept and/or left, regardless of the fact whether or not Chogogo Resort stipulates a fee for this. 

Article 13 Liability of the guest and/or customer 

13.1 The customer and the guest and those accompanying the same are jointly and severally liable for any and all damages that are and/or shall be inflicted on Chogogo Resort and/or a third party as a direct or indirect result of an imputable failure to comply and/or an unlawful act, including a violation of the internal rules, committed by the customer and/or the guest and/or those accompanying the same as also for damages that are inflicted by an animal and/or a good of which they are the holder or that falls under their supervision. 

Article 14 Settlement and payment 

14.1 The customer is liable to pay the price stipulated in the hospitality agreement. The prices are mentioned on lists that are placed by Chogogo Resort at a location visible to the guest or were included in a list that is, if need be as requested, presented to the customer or accessible to the customer via digital sources. A list is deemed to have been placed in a manner visible to the customer if it is visible in the commonly accessible areas of Chogogo Resort. 

14.2 Chogogo Resort can charge an additional fee for special services, e.g. the use of a cloakroom, garage, safe-deposit box, laundry or dry cleaning, telephone, internet, Wi-Fi, room service, TV rental, and the like. 

14.3 Any and all invoices, also including invoices regarding cancellation or no-show, are payable by the customer at the moment that they are presented to the same. The customer must provide for payment in cash or payment by bank or giro, unless stipulated otherwise. 

14.4 The guest and the customer are jointly and severally liable for any and all amounts that one of them or both of them are liable to pay to Chogogo Resort on any account whatsoever. Hospitality agreements are, barring a provision to the contrary, deemed to also have been concluded on behalf of each and every guest. By showing up the guest confirms that the customer was authorized to represent the same upon the conclusion of the relevant hospitality agreement. 

14.5 As long as the customer has not complied with all his obligations vis-à-vis Chogogo Resort in full Chogogo Resort shall be entitled to take possession of and keep any and all goods that the customer brought along to Chogogo Resort until the customer has complied, to the satisfaction of Chogogo Resort, with all his obligations vis-à-vis Chogogo Resort. Apart from a right of retention Chogogo Resort is, as the occasion arises, entitled to a right of pledge on the relevant goods. 

14.6 If payment other than in cash was stipulated then any and all invoices, for any amount whatsoever, must be paid to Chogogo Resort by the customer within fourteen days after the date of the invoice. If an invoice is sent then Chogogo Resort is always authorized to charge a late payment surcharge of 2%, which expires if the customer pays the invoice within fourteen days. 

14.7 If and to the extent that timely payment fails to materialize the customer shall be in default without any notice of default being required. Only if the customer is a natural person (consumer) shall Chogogo Resort send a once-only notice of default if payment fails to materialize with a time limit of at least 14 days to yet make the payment. 

14.8 If the customer is in default then the customer must compensate Chogogo Resort for any and all costs associated with the collection. The extrajudicial collection costs are charged in accordance with the law. 

14.9 If Chogogo Resort has goods in its possession as intended in article 14.5 and the customer whose goods Chogogo Resort has in its possession has been in default for a period of three months then Chogogo Resort is entitled to sell the goods publicly or privately and to recover its costs from the proceeds. The costs associated with the sale are also at the expense of the customer and Chogogo Resort can also recover these from the proceeds. The amount that remains after the recovery by Chogogo Resort is paid to the customer. 

14.10 Each and every payment shall, regardless of any note or comment made with the said payment by the customer, be applied to the debt of the customer to Chogogo Resort in the following order: 

the costs of execution 

the judicial and extrajudicial collection costs 

the interest 

the damages 

the principal sum 

14.11 Payment takes place in American dollars. If Chogogo Resort accepts foreign means of payment, then the market rate applicable at the time of payment applies. In this respect Chogogo Resort can charge an amount on account of administration costs that corresponds with a maximum of 10% of the amount that is offered in foreign currency. Chogogo Resort can accomplish this by revising the market rate by a maximum of 10%. 

14.12 Chogogo Resort is never held to accept means of payment other than cash and can impose conditions on the acceptance of these kinds of other means of payment. 

Article 15 Force majeure 

15.1 Each and every foreseen or unforeseen, foreseeable or unforeseeable, circumstance that hinders the implementation of the hospitality agreement by Chogogo Resort such that the implementation of the hospitality agreement becomes impossible or burdensome shall be qualified as force majeure on the part of Chogogo Resort that implies that a potential thus occurring shortcoming of Chogogo Resort cannot be blamed on the same. 

15.2 If one of the parties to a hospitality agreement is unable to comply with an obligation by virtue of the said hospitality agreement then this party is held to forthwith inform the other party accordingly. 

Article 16 Found objects 

16.1 Objects lost or left behind in the building and appurtenances of Chogogo Resort that are found by the guest must forthwith be presented to Chogogo Resort. 

16.2 Chogogo Resort acquires the title of objects of which the rightful owner did not report to Chogogo Resort within one year after presentation of the same to Chogogo Resort. 

16.3 If Chogogo Resort sends objects left behind by the guest to the guest then this shall take place entirely at the risk and expense of the guest Chogogo Resort shall never be held to proceed with despatch. 

Article 17 Corkage and food charge 

17.1 Chogogo Resort can prohibit the guest from consuming personal food and/or beverages at Chogogo Resort, including the terrace. If Chogogo Resort permits the consumption of personal food and/or beverages then Chogogo Resort may impose conditions on the said permission, including the charging of corkage and/or a food charge. 

17.2 The amounts as intended in article 17.1 are stipulated in advance or are, failing prior agreement, within reason established by Chogogo Resort. 

Article 18 Applicable law and disputes 

18.1 Dutch law is exclusively applicable to hospitality agreements. 

18.2 In case of disputes between Chogogo Resort and a customer (not being a natural person who does not act within the performance of a business or profession) the competent court in the place of establishment of Chogogo Resort is exclusively competent, unless mandatory statutory provisions designate a different competent court and without prejudice to the authority of Chogogo Resort to have the dispute settled by the court that would have been competent failing this clause. 

18.3 Any and all claims of the customer expire after a period of one year has lapsed since they arose. 

18.4 The invalidity of one or more of the provisions of these general terms and conditions shall not affect the validity of all other provisions. If a provision of these general terms and conditions appears to be invalid, for any reason whatsoever, then the parties are deemed to have stipulated a valid alternative provision that best approaches the scope and application of the invalid provision.