» Terms and Conditions

Holiday Institute

Terms and Conditions

 

  1. Introduction

The Holiday Institute (HI) is a Limited Liability company registered in Sint Maarten under Chamber of Commerce number 11382. These are the Holiday Institute Terms and Conditions. This document outlines the terms and conditions applicable to the use of this website and the products, programs and services offered by the Holiday Institute.

 

By using this website and using or ordering any of our products, programs and services you confirm that you have read, agree with and are bound by these terms and conditions. 

 

  1. Privacy Policy

HI advises you to read our privacy policy www.holiday-institute.com/privacy-policy/ before you continue using this website.

 

  1. Communication

Communication with Holiday Institute may be in written or electronic form, including a letter by regular mail and an e-mail. A message shall only be deemed to have reached us the moment HI confirmed receipt of the communication in writing. You are advised to verify whether the message actually reached the person it was addressed to. 

 

  1. Your Status

By placing an order on our website, you certify that you are legally capable of entering into binding contracts. Holiday Institute does not assume any responsibility for liability related to your misrepresentation of your age or any other matter concerning your status.  

 

  1. User Accounts

Users of our website may register via a user account with us. When registering you are responsible for the accuracy of your personal information, and you are advised not to share your password. You are advised to inform us if you have reason to believe that your account has been compromised. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion. 

 

  1. Contract

Orders for products or services must be in written or electronic form. After placing an order, you will receive written notification from us acknowledging that we have received your request. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. To form a contract between HI and you, your order is subject to acceptance by HI via written or electronic confirmation.

 

In the case of products, a contract will be formed when you receive an order confirmation by email after we receive your payment. The products will be delivered to your shipping address. Your shipping address must be an address in Sint Maarten. HI reserves the right to charge you for shipping costs incurred for delivery to your shipping address. HI is not responsible for shipping outside of Sint Maarten. 

 

In the case of services, a contract will be formed after you sign the engagement letter provided by HI. The engagement letter will contain additional terms and conditions specific to the services concerned.

 

HI agrees to supply the product(s) or service(s) to you according to these terms and conditions plus the specific terms and conditions of the contract.

 

  1. Engagement of Third parties

HI may engage the services of third parties for the execution of its services – with or without consultation with you.

 

  1. Payment

HI shall issue an invoice to you in respect to products or services ordered or to be supplied, on which payment terms will be stipulated.

 

In the case of products, payments will have to be paid before the shipment and/or delivery of the products.

 

In the case of services, you are obliged to pay a fee for the services and work performed by HI which shall be calculated on the basis of the time spent on the provision of the services at the hourly rates applicable at the time of the provision of services. The hourly rate is USD.250.00. HI reserves the right to increase the hourly fee depending on the complexity of the matter or on the urgency in case work and services are to be rendered in the weekend and / or in the evening and / or on official holidays and/or during vacation. In addition to the hourly fee, you will owe office and administrative costs which is equal to 4% of the hourly fee due as well as other costs and disbursements incurred by HI while rendering the services to you. You shall be charged turnover tax, where applicable, on the hourly fee and the expenses and disbursements owed by you.

 

HI is entitled to charge you one or more advance payments (deposit) on the fee to be charged and/or the costs to be incurred or the disbursements to be paid by you. As long as you have not paid an advance payment which has been charged to you, HI is entitled to defer or suspend its services until this payment has been made in full.

 

Payments of invoices shall be made without deduction or compensation in United States Dollars or Netherlands Antilles Guilder either by cash or by wire transfer into a bank account designated by HI.

 

Invoices of HI must be paid without suspension or set-off within 14 days of the invoice date and an advance payment must be paid immediately. Notwithstanding all other rights of HI, all unpaid invoices are subject to interest of 1,5% per month and reasonable collection fees, including but not limited to reasonable attorney and court fees.

 

  1. Returns and refund

HI returns and refund policy for goods lasts 14 days. If 14 days have passed since your purchase of goods, we can’t offer you a refund or exchange. There are certain situations where no refunds or exchanges are granted: (1) Goods with obvious signs of use. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging; (2) Any item not in its original condition, damaged or missing parts for reasons not due to our error: (3) Several types of goods cannot be returned. Items such as newspapers, magazines, downloadable software products or eBooks cannot be returned; and (4) Any item that is returned more than 14 days after delivery.

 

To process your return, we require a receipt or proof of purchase. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund or exchange. If you are approved, you will be requested to provide us with your bank information. Within 14 days your refund will be processed to your bank account.

 

If you haven’t received an approved refund yet, first check your bank account again. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done this and you still have not received your refund yet, please contact us at info@holiday-institute.com.

 

Only regular priced items may be refunded. Sale items cannot be refunded.

 

We only replace items with the same items if they are defective or damaged due to our error. If you need to exchange items, send us an email at info@holiday-institute.com.

 

To return your product, you should mail it to Holiday Institute, P.O. Box 320, Philipsburg, Sint Maarten or contact us to arrange drop off. 

 

You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

 

Your exchanged product will be delivered or shipped to your shipping address in Sint Maarten.

 

If you are returning your items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

  1. Deviations

These Terms & Conditions shall be applicable to any and all offers and agreements under which HI provides its goods or services. Deviations from these General Terms & Conditions shall only be valid, if explicitly agreed upon in writing. 

 

  1. Rights Reserved

Should HI choose not to enforce any or all of these terms and conditions it should not be construed as a waiver of any of its rights.

 

  1. Termination

Both HI and you have the right to terminate the contract without reason and without notice required. Should this occur, you are obligated to pay HI in full for the work undertaken up to the time of termination.

 

  1. Amendments

HI reserves the right to edit, modify or amend these terms and conditions at any time and at its sole discretion. HI advises you to read these terms and conditions whenever using this website or making an order. These terms and conditions supersede and replace all prior versions.

 

  1. Indemnification

You shall indemnify and hold HI harmless from and against any and all third-party claims, actions or demands – including expenses to be incurred by HI in connection therewith – arising from or relating in any way to the works or services carried out for you by HI unless this result from gross negligence or willful misconduct by HI. We reserve the right to select our own legal counsel.

 

  1. Limitation of liability

The personal liability of any employee, managing director, or shareholder working at HI is explicitly excluded.

 

HI is not liable for any damages that may occur to you as a result of your misuse of HI’s website. Any and all liability of HI shall be limited to the contract amount with a maximum of Naf 10,000.00.

 

  1. Applicable law and disputes

The legal relationship between Holiday Institute and you shall be governed only and exclusively by the laws of Sint Maarten.

 

Disputes concerning your use of our website or products, programs or services you ordered or purchased from HI shall be submitted exclusively to the judgment of the competent Court on Sint Maarten.

 

  1. Effective date:

These terms and conditions are applicable to all products or services rendered as of the date they have been established.

 

Contact

Please contact us if you have any questions about our Terms and Conditions by emailing info@holiday-institute.com. 

 

Established: May 3, 2024