General Sales Conditions
Last Updated: April 2025
Welcome to the official website of THE KONTIKI (hereinafter referred to as “Kontiki,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, available at www.the-kontiki.com, including any content, functionality, and services offered through the site (the “Website”).
By accessing, browsing, or using this Website, you accept and agree to be bound by these Terms, as well as our Privacy Policy, and any other applicable policies referenced herein. If you do not agree to these Terms, you should not use this Website.
Eligibility
By using this Website, you affirm that you are at least 18 years old or the legal age of majority in your jurisdiction, and that you possess the legal authority to enter into a binding agreement.
Use of the Website
You may use the Website solely for lawful purposes and in accordance with these Terms. Permitted uses include:
-Obtaining information about the Kontiki
-Making legitimate reservations
-Contacting customer support
-Accessing promotional materials
You agree not to:
-Use the Website in any way that violates local, national, or international law
-Make false or fraudulent reservations
-Attempt to gain unauthorized access to the site or its systems
-Upload or transmit any viruses, malware, or harmful code
-Use bots, scrapers, or other automated tools to access the Website
Intellectual Property
All intellectual property rights in the Website and its content, including but not limited to text, images, graphics, audio, video, software, logos, and trademarks, are owned by THE KONTIKI or its content providers and are protected by copyright and trademark laws of Curaçao and international agreements.
You may not reproduce, distribute, modify, publicly display, or otherwise exploit any portion of the Website without prior written consent.
Reservation Terms
All reservations made via the Website are subject to availability and confirmation. When making a booking, you agree to:
-Provide accurate and complete information
-Comply with the rates, conditions, and cancellation policies stated during the reservation process
-Pay all charges associated with your booking, including applicable taxes and service fees
The Kontiki reserves the right to cancel or refuse any reservation if fraudulent, incomplete, or in violation of these Terms.
Promotions and Special Offers
From time to time, we may offer promotions such as discounts, packages, or contests. Each promotion will have its own terms and conditions, which are considered part of these Terms when you participate in the promotion.
For example, a campaign is subject to the following:
-The prize is non-transferable and covers room nights only (excluding airfare)
-Must be used within 18 months of notification
-Not valid during the high season (December 15 – January 10)
Privacy and Data Protection
Your privacy is important to us. By using the Website, you agree to the collection, use, and disclosure of your personal data in accordance with our Privacy Policy.
We process your data in compliance with the applicable privacy regulations of the Dutch Caribbean, including any relevant provisions of the General Data Protection Regulation (GDPR) where applicable.
User Feedback
We welcome and value feedback from our users to help improve our website and services.
By submitting feedback, suggestions, or other input through this website (including via contact forms, surveys, reviews, or other channels), you agree to the following:
-Voluntary Submission: Your feedback is provided voluntarily and without expectation of compensation or recognition.
-Use of Feedback: We reserve the right to use, reproduce, modify, adapt, publish, translate, or distribute your feedback for any purpose related to improving our website, services, and user experience.
-No Obligation: We are under no obligation to implement or respond to any feedback submitted.
-Respectful Communication: Users are expected to provide feedback that is respectful, lawful, and free of offensive or defamatory content. We reserve the right to remove or disregard any submissions that violate these standards.
-Privacy: Any personal information submitted along with your feedback will be handled in accordance with our Privacy Policy.
Confidentiality
At The Kontiki, we are committed to safeguarding the privacy and confidentiality of your personal information. This statement outlines our practices for ensuring that your data remains secure and is only used for authorized purposes.
Protection of Personal Data
We understand the importance of protecting the personal data that you provide to us. The Kontiki takes all reasonable steps to protect your information against unauthorized access, loss, alteration, or destruction. All sensitive data, including payment information, is encrypted using industry-standard protocols to ensure its security.
Limited Access to Information
Access to personal data is strictly limited to those employees or service providers who need it to provide services to you, such as processing bookings, customer service, or sending promotional materials (if you’ve opted in). We ensure that anyone who has access to your data is bound by confidentiality agreements to maintain its security.
Use of Personal Information
Any personal information you provide will only be used for the following purposes:
-Processing bookings and reservations.
-Responding to your inquiries and requests.
-Sending booking confirmations, updates, or promotions (with your consent).
-Improving the overall experience of our services and website.
-Complying with legal obligations.
We will never sell, rent, or trade your personal information to third parties for marketing purposes without your explicit consent.
Confidentiality Agreements with Third-Party Partners
We may share your information with trusted third-party partners or service providers to enhance the services we provide (such as payment processors, website hosting services, or email communication platforms). These partners are obligated by confidentiality agreements to ensure that your information is handled securely and not disclosed to any unauthorized parties.
Data Retention
We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, unless a longer retention period is required or permitted by law. Once your information is no longer needed, we will ensure it is securely deleted or anonymized.
Your Rights
You have the right to request access to your personal data, request corrections, or ask for the deletion of your data. For any concerns regarding the confidentiality of your information, please reach out to us at info@the-kontiki.com.
Compliance with Laws
We comply with all applicable privacy laws and regulations regarding the protection and confidentiality of personal information, including the General Data Protection Regulation (GDPR) for residents of the European Union.
Trademark
The content, logos, designs, and trademarks used on this website are the intellectual property of The Kontiki and its affiliates. All trademarks, service marks, logos, and trade names displayed on this site are the property of The Kontiki or their respective owners.
Use of Trademarks
You may not use, reproduce, distribute, or display any trademarks, service marks, logos, or trade names owned by The Kontiki without prior written consent. Unauthorized use of these trademarks is prohibited and may violate trademark laws.
Ownership
All trademarks and logos displayed on this website, including but not limited to the name The Kontiki, are protected by applicable intellectual property laws. All rights to these trademarks are reserved by The Kontiki or their respective trademark owners.
Third-Party Trademarks
This website may also contain references to third-party trademarks, service marks, or logos. All such third-party marks are the property of their respective owners, and no endorsement or affiliation with The Kontiki is implied by their us.
Third-Party Services and Links
This Website may include links to third-party websites or services not controlled by Kontiki. We are not responsible for the content, privacy practices, or operations of such third parties. You access them at your own risk.
Limitation of Liability
To the fullest extent permitted by law, Kontiki Beach Resort shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of your use of (or inability to use) this Website, including but not limited to errors, inaccuracies, data loss, or website downtime.
Disclaimer of Warranties
This Website is provided “as is” and “as available.” We make no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that:
-The Website will always be available or uninterrupted
-The content is accurate or up-to-date
-The site is free of viruses or other harmful components
Modifications to Terms
We may revise these Terms at any time without notice. Continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We encourage users to review this page periodically.
Termination
We reserve the right to suspend or terminate your access to the Website, without prior notice, if you breach these Terms or use the Website unlawfully or inappropriately.
Governing Law and Jurisdiction
These Terms are governed by the laws of Curaçao, part of the Dutch Caribbean. Any disputes arising from or related to these Terms or your use of the Website shall be resolved exclusively by the competent courts of Curaçao.
Contact Information
If you have any questions about these Terms, your reservation, or the Website, please contact us at:
THE KONTIKI
Bapor Kibra Z/N
Willemstad, Curaçao
Email: info@the-kontiki.com
Phone: +599 9 461 8961