Terms & Conditions — Experiences Marketplace
Last updated: July 2026. This document covers the Kumbai Experiences Marketplace only. Kumbai's own ride, shuttle, and taxi service is covered by a separate Terms & Conditions.
1. What Kumbai Is — and Isn't
Kumbai Experiences Marketplace ("Kumbai," "we," "us") is a booking platform that connects customers with independent, third-party tour and activity operators ("Partners") in Curaçao. Kumbai is not a tour operator, activity provider, or organizer of any experience listed on this marketplace. Every boat charter, dive trip, ATV tour, or other activity listed here is independently owned, staffed, equipped, and operated by the Partner named on that listing — not by Kumbai.
When you book an experience through Kumbai, you are entering into a direct arrangement with the Partner for that experience. Kumbai's role is limited to facilitating the discovery, booking, and (where applicable) payment for that arrangement.
2. Partner Responsibility
Each Partner is solely responsible for:
- The safe and professional delivery of the experience, including all equipment, vehicles, vessels, and guides used
- Holding all licenses, permits, insurance, and certifications required by Curaçao law to operate their activity
- The accuracy of their own listing content (description, pricing, photos, meeting point, and timing)
- Any injury, loss, damage, or dispute arising from the experience itself
Kumbai does not inspect, certify, or guarantee the safety, quality, licensing, or insurance coverage of any Partner, beyond a basic verification that the business exists and can be contacted. Booking through Kumbai is not an endorsement of a Partner's safety record or business practices.
3. Cancellations and Refunds
Cancellation, rescheduling, and refund requests must be arranged directly with the Partner who operates the experience — not with Kumbai. Each Partner sets and is responsible for enforcing their own cancellation policy, which should be disclosed on their listing or communicated at the time of booking. Kumbai does not guarantee, process, or issue refunds on a Partner's behalf, and is not responsible for a Partner's failure to honor a cancellation or refund request.
If a Partner cancels an experience (e.g., due to weather), Kumbai will make reasonable efforts to relay that information to the customer promptly, but the resulting refund or rebooking remains the Partner's responsibility to arrange.
4. Limitation of Liability
To the fullest extent permitted by law, Kumbai disclaims all liability for any injury, illness, death, loss, theft, damage, delay, or dispute arising from or connected to an experience booked through the marketplace, including but not limited to acts or omissions of a Partner, equipment failure, weather conditions, or third-party conduct. Your use of any listed experience is at your own risk, and any claim relating to the experience itself should be directed to the Partner who operated it.
This limitation does not apply to matters arising directly from Kumbai's own platform (such as a payment processing error on Kumbai's part), and nothing in this section is intended to exclude liability that cannot lawfully be excluded under Curaçao law.
5. Pricing and Payment
Prices shown are set by each Partner and may not include all taxes, fees, or gratuities. Where Kumbai facilitates payment on a Partner's behalf, funds are passed through to the Partner less Kumbai's service fee; Kumbai is not the merchant of record for the experience itself unless explicitly stated otherwise at checkout.
6. Reviews and Content
Any reviews, ratings, or content submitted about a Partner reflect the opinion of the customer who submitted them, not Kumbai. Kumbai reserves the right to remove content that is abusive, fraudulent, or violates these terms, but does not verify the accuracy of every review.
7. Changes to These Terms
Kumbai may update these terms from time to time. Continued use of the marketplace after changes are posted constitutes acceptance of the updated terms.
8. Contact
Questions about these terms, or a dispute you've been unable to resolve directly with a Partner, can be sent to experience@kumbai.io.