AND CONDITIONS​

De Palm Corporation V.B.A., De Palm Tours V.B.A., De Palm Island V.B.A., De Palm Watersports V.B.A., De Palm Underwater Park V.B.A. and all their relevant companies, affiliates, assigns, directors, employees or agents and their parent companies shall not be liable for any loss or damage whether to person or property however caused or suffered by any client/passenger participating in any activity or alighting therefrom and whether or not such loss or damages be due to negligence or default by De Palm Corporation V.B.A., De Palm Tours V.B.A., De Palm Island V.B.A., De Palm Watersports V.B.A., De Palm Underwater Park V.B.A., and all their relevant companies, affiliates assigns, directors, employees, agents or parent companies. By accepting a De Palm Tours V.B.A. ‘activity’ ticket, the ticket holder binds him/herself, his/her heirs, legal representatives and assigns, expressly release, discharges and holds harmless aforementioned De Palm Corporation N.V., De Palm Tours V.B.A., De Palm Island V.B.A., De Palm Watersports V.B.A., De Palm Underwater Park V.B.A., and all their relevant companies, affiliates, assigns, employees, agents and their parent companies from all claims, demands, actions, judgements and executions that he/she ever had, or now have, or claim to have against aforementioned De Palm Corporation V.B.A., De Palm Tours V.B.A., De Palm Island V.B.A., De Palm Watersports V.B.A., De Palm Underwater Park V.B.A., and all their relevant companies, affiliates, assigns, directors, employees, agents and their parent companies arising from injuries or other damages he/she might suffer as a result of his/her participation in any activity provided by De Palm Tours V.B.A.

I acknowledge that the above GENERAL TERMS AND CONDITIONS also apply to the purchase of my ticket. This agreement and any suits whatsoever resulting from it shall be determined according to the laws of Aruba and shall be adjudicated in the courts of, with the exclusion of all other courts.

 WAIVER ( IMPORTANT PLEASE READ)

THIS RELEASES DE PALM TOURS V.B.A. FROM LIABILITY.

The activities offered by De Palm Tours V.B.A. may expose participants to dangers and risks associated with natural and man-made (water) environments.

I hereby remise, release and forever discharge De Palm Corporation V.B.A., De Palm Tours V.B.A., De Palm Island V.B.A., De Palm Watersports V.B.A., and its directors, personnel, its successors and assigns (the Indemnified Party), and by these presents does for myself, heirs, executors and administrators remise, release and forever discharges the Indemnified Party, its directors, personnel, affiliates, successors and assigns, of and form all manner of action and actions, cause and causes of action of action, suits, debts, sums of money and any other claims, rights or causes of action of whatsoever kind or nature (including wrongful death) against the Indemnified Party I ever had, now have, or which I or my executors or administrators hereafter can, shall or may have for or by reason of any matter, cause or thing whatsoever arising from the participation of any of the Indemnified Party’s activities or use of its properties, in the broadest sense of the word.

I FULLY UNDERSTAND THAT I FOREVER GIVE UP ANY RIGHT TO SUE OR MAKE A CLAIM AGAINST THE RELEASES IF I SUFFER INJURY OR DAMAGE EVEN THOUGH I DO NOT KNOW WHAT OR HOW EXTENSIVE THE INJURY OR DAMAGE MAY BE. I HEREBY PERSONALLY ASSUME ALL RISKS WHETHER FORESEEN OR UNFORESEEN IN CONNECTION WITH THE ACTIVITY OR ANY ACTIVITY INCIDENTAL THERE TO. I FULLY UNDERSTAND THAT THESE TERMS ARE GOVERNED BY ARUBAN LAW AND ALSO UNDERSTAND AND AGREE THAT THESE TERMS ARE CONTRACTUAL AND NOT A MERE RECITATION, AND THAT I HAVE VOLUNTARILY READ THIS TEXT.

I affirm that I am in good mental and physical fit for snorkeling and that I am not under the influence of alcohol or drugs, that would affect my mental and physical ability. If I am taking medications, I affirm that I am under the care of a physician and have approval to participate in activities like snorkeling.

I acknowledge that I am physically fit to snorkel, and I will not hold De Palm Tours V.B.A. or any of its employees, subsidiaries and additional insured responsible if I am injured as a result of heart, lung or circulatory problems or other illnesses what occur while snorkeling.

I also understand that snorkeling is a physically strenuous activity and that I will be exerting myself during the snorkeling excursion, and that if I am injured as a result of heart attack, panic, hyperventilation, etc. that I expressly assume the risk of said injuries and that I will not hold De Palm Tours V.B.A. or any of its employees, subsidiaries and additional insured responsible for the same.