1. In order to facilitate (intended) public sale and/or tender procedures in relation to objects, land and/or operating rights or commercial rights offered by the Ministry of the Interior and Kingdom Relations, the Central Government Real Estate Agency (‘CGREA’) has created the ‘caribbean-houses.com’ website (‘Website’); the Website includes an overview of:
- objects or plots of land that are currently being offered for sale by the CGREA or that are expected to be offered for sale in the future (‘Objects’); and
- tender procedures initiated by the CGREA or planned tender procedures with respect to operating rights for fuel stations alongside public highways or plots of land (including leasehold and plots to rent) and/or commercial rights that may be acquired in order to undertake commercial activities, including wind turbines or solar energy parks (‘Rights’); and
- information relating to the Objects and/or Rights, which pertains to the sale of the Objects and/or the tendering of the Rights (‘Documentation’).
This disclaimer is a general description of the (liability) restrictions that are applicable to the Website and to the Documentation that it provides.
2. The fact that the Objects and/or the Rights are included on the Website, in any form, does not imply an offer on the part of the CGREA. Any parties that are interested (‘Interested Parties’) may derive no rights from their inclusion or mention on the Website, explicitly including the right to participate in any sale process initiated by the CGREA in relation to Objects (‘Sale Procedure’) or any tender procedure initiated by the CGREA in relation to Rights (‘Tender Procedure’), or to enter into negotiations with the CGREA.
3. The fact that an Interested Party is given the opportunity to:
- view the Objects prior to the formal commencement of the Sale Procedure; and/or
- view the real estate to which the Rights will apply (‘Real Estate’) prior to the formal commencement of the Tender Procedure; and/or
- hold meetings or consultations with the CGREA in any form or in any manner,
in no way implies that the Interested Parties may derive any legal rights therefrom, explicitly including the right to participate in a Sale Procedure or Tender Procedure and the right to enter into negotiations with the CGREA. Neither will the CGREA be subject to any (pre-contractual) obligations of any kind as a result.
4. The Website and all Documentation included on it is solely intended to enable Interested Parties to conduct their own research, or to have research conducted on their behalf, in order to ensure the accuracy and completeness of the information provided. The following shall apply in relation to the above:
(i) all descriptions, dimensions, photographs, plans and other data relating to the (structural) specifications of the Objects and/or Real Estate and all other information included in the Documentation, are based on information that is currently known to the best knowledge of the CGREA. These data may be subject to change.
With regard to the structural condition of the Objects and/or Real Estate, discrepancies may occur in the information that is included in the Documentation in relation to building specifications, plans etc., by virtue of its current use of or alterations made to the Objects and/or Real Estate or some part thereof.
It must be noted that the Documentation may include documents that relate to the original specifications of the Objects and/or Real Estate at the time of their initial completion. It is possible that they may no longer apply. Photographs of the Objects and/or Real Estate that are included on the Website may also include items that are not part of the Objects and/or Real Estate in question, and that therefore will not be included in the sale or tender arranged by the CGREA;
(ii) in the event that the information and/or specifications that are provided include direct or indirect opinions, these are the opinions of the CGREA and/or the third parties commissioned by the CGREA on the basis of data currently available to them. No rights may be derived from any such opinions and/or the standards or assumptions on which they are based and which have been adopted by the CGREA or the relevant third party.
The use of the Documentation provided is entirely at the risk of the Interested Party.
The provision of the documentation does not imply that an Interested Party no longer has a responsibility to conduct independent research into whether or not an Object or a Right meets the expectations of the Interested Party, or that the documentation is a sufficient basis on which to justify a bid on the part of the Interested Party.
5. Unless a Sale Procedure or Tender Procedure results in the signing of an agreement between the Interested Party and the CGREA with regard to the Objects or Rights that expressly includes statements and/or guarantees to the contrary on the part of the CGREA, the information included on the Website and in the Documentation may not be interpreted as any form of guarantee with respect to the condition, value and/or quality of the Objects and/or Rights and/or the Real Estate and/or the absence of private or public claims from third parties or public authorities in relation to the Objects, the Rights and/or the Real Estate. No rights may be derived from the information included on the Website and in the Documentation, and third parties may derive no such rights therefrom.
6. No employee of the CGREA and none of the third parties commissioned by the CGREA is competent to or has been authorized to provide any guarantees or enter into any agreements with respect to the Objects, the Real Estate and/or the Rights, unless they have been expressly mandated to do so.
7. The Interested Party may not make any claim against the CGREA or against third parties engaged by the CGREA, which expressly includes any real estate agent commissioned by the CGREA, with regard to the inaccuracy and/or incompleteness of information on the Website and/or in the Documentation; nor is the Interested Party entitled to claim that he or she has not been given sufficient opportunity to ascertain the accuracy or completeness of information on the Website and/or in the Documentation, or that he or she has been denied (sufficient) opportunity to carry out other forms of research in the broadest sense of the word.
8. The CGREA and its consultants make every effort to ensure that the Website remains accessible 24 hours a day, 7 days a week. However, its accessibility cannot be guaranteed by the CGREA and/or its consultants. Furthermore, the CGREA and/or its consultants cannot guarantee:
- that the Website will function correctly at all times;
- that the Documentation will be available from the Website in a specific format or in the specific preferred format of the Interested Party; or
- that the Documentation will be available for download.
The CGREA (or its consultants) reserves the right to close the Website (temporarily) at any time, without prior notice or explanation.
9. The CGREA accepts no liability for:
- any damage that may occur due to downloading, opening or using any file available through the Website except where this is required under the applicable legislation regarding liability;
- loss of profits or special, incidental, indirect, consequential or any other type of damages that arise from or in relation to the operation of the Website, regardless of how such damage occurs, unless this is due to gross negligence and/or deliberate intent.
10. The Website and/or the Documentation may be supplemented or modified at any time. In the event of such additions and/or modifications, a notification message will be added to the Website detailing which additions and/or modifications have been made.
11. Interested parties must comply with all applicable laws and regulations when visiting the Website. It is forbidden to introduce any computer viruses, ‘Trojan horses’, ‘worms’ or other forms of destructive computer code into the Website or systems that host the data room.