Private Charter Curacao Day Tour All-in

Terms & Conditions 2024  These Terms and Conditions apply to all offers made by or on behalf of the user, hereinafter referred to as our company - against a counterparty or on any agreements made by or with our company ‘Counterparty’ -hereinafter guest- means any natural person who concludes a contract / booking confirmation and / or any natural person who uses the services offered by our company.  Article 1 – General 1.1 Our company offers private charter boat trips in Curacao and surroundings. 1.2 Maxie Sailing is registered at the Chamber of Commerce Curacao 1.3 Our captain is always in charge. Safety means; our boat - our rules. 1.4 We reserve the right to change routes and schedules when weather conditions, shallows, personal circumstances, such as motion sickness or other legitimate reasons require. We will, within our possibilities, inform guests in time. The captain determines whether such conditions apply. 1.5 Guests who book a tour accept all Terms & Conditions 2024 1.6 Our boat trips are available for a minimum of 2 persons and a maximum of 10 people. 1.7 Reservations can be made directly by professional booking partners. 1.8 A booking is official after confirmation, a confirmed deposit and agreed payment procedures from our company and guest. 1.9 Our Boat trips take place on sailing yacht Galaxie and include a 2 person crew (owners of our company) 1.10 Our Crew communicates in English, Dutch and German. 1.11 These terms and conditions do not apply on our Summer Retreats tours. Article 2 – Our requirements  2.0 Boarding our sailing yacht Galaxie NC4-Z is at your own risk. 2.1 Guests follow the instructions of our Crew at any time and circumstance. 2.2 It is not allowed to run on board or otherwise conduct dangerous and risky behavior. 2.3 It is not allowed to cause any obstacles for fellow guests and our Crew. 2.4 It is not allowed to bring your own food and drinks, or any drugs, explosives, weapons and / or any other dangerous substances. 2.5 It is not allowed to use excessive alcohol on board of sailing yacht Galaxie. 2.6 Food and drinks are included in our tours, guests will inform our Crew before consumption of any food and/or drinks about any food allergies and food intolerances and other conditions that may cause health problems. However, consuming any food and drinks offered by our company – even without the knowledge or previous existence of the above-mentioned allergies, is entirely at your own risk. 2.7 It is not allowed to jump from board, touch ropes and other equipment and parts of the yacht without permission of our Crew. 2.8 It is not allowed to use the life raft, unless the captain gives order in case of emergency. 2.9 We do not allow pets on board. 2.10 It is not allowed to smoke on board! 2.11 On behalf of safety and the above stated rules our company is entitled at any time to deny participation of guests in which case the guest is in no case entitled to repayment of any amount or compensation. 2.12 We are located at the quay from the Seru Boca Marina in Santa Barbara, Curacao. From the pier you have an easy access to the yacht and free entrance at the harbour. 2.13 Our sailing yacht is not wheelchair accessible. 2.14 We have private cabins, a bathroom including toilet, a kitchen and lounge area on board. 2.15 Always consider the possibility of rain, we have a bimini (outside sun/rain shelter) on our yacht and we provide ponchos if required. 2.16 During a boat trip we provide 1 bath towel per person, snorkel masks and coral-reef friendly sunscreen if required. All towels, snorkel masks and sunscreen are property of our company and remain on the yacht. Afterwards you can also use the toilet/showers at the harbour. 2.17 Sunscreen-sprays or tanned sun lotion are not allowed to use on board. 2.18 Children under the age of 4 are required to sit on their parents’ lap. Children under the age of 4 are obliged to wear a life jacket at any time during the boat trip. 2.19 Children fall under the full responsibility of their parent(s). However the captain remains always in charge in case of emergency. Take notice that our sailing yacht is no playground for children. Article 2A – Covid-19 and flue Safety 2A.1 Each individual guest must agree to our company to confirm they are not experiencing COVID-19 or flue symptoms, they have not been in contact with a confirmed or suspected case of COVID-19 or flue, are not awaiting COVID-19 test results or possess a temperature reading above 37.5 degrees Celsius. All guests are expected to exercise social distancing and / or hygiene measures whilst possible on board. Although we take precautions where necessary, we are not responsible for any health complaints related to covid-19 or flue resulting from our boat trips.  Article 3 – Safety 3.1  Guests expressly should note that participation in our activities and / or boat trips on the Galaxie involves risks including (but not limited to) damage to property and injury caused by wave stroke, wind (bumps), ocean currents, rainfall and / or sunburn. 3.2   By using and participating in our services and activities, the guest explicitly accepts these risks and fully agrees that these risks will be entirely at their own expense. 3.3 Guests declare to be able to swim and to be in good health. In case of doubt about swimming skills or health in participation in the activities, guests will conduct prior consultation with our Crew. 3.4 On board of our sailing yacht Galaxie we have life jackets size M/L available for every guest that can be worn free of charge for the entire duration of the activities. Article 4 – Waiting periods and delays 4.1 Guests shall be present on time at the departure point as agreed in the booking confirmation. We will not delay our confirmed schedule unless we have been informed and agreed otherwise. 4.2 In case of delay guests are not entitled to a refund, nor extra sailing time because of late arrival, unless we have been informed and agreed otherwise. 4.3 In case of severe delay the captain will determine whether to cancel or to sail. Waiting time is always sailing time. Waiting time can not be added at the end of the trip, unless we have been informed and agreed otherwise. Article 5 – Execution of the booking confirmation 5.1 Valid reasons for cancellation of the booking confirmation are weather conditions (storms or thunder storms - code orange or red or any extreme weather making the boat trip impossible. The captain determines whether such conditions apply. 5.1.1 If a guest, with a confirmed booking, decides not to sail due to weather conditions and the captain considers the conditions to be sailing, the cancellation conditions as in Article 10 apply. 5.2 In case of misconduct, whether or not caused by alcohol consumption, the captain has the right to pause or immediately terminate the boat trip. Persons who are already under the influence of alcohol / drugs at the start of the tour, will be denied access to the sailing yacht. The guests payment obligation remains existent. 5.3 Alcohol under the age of 18 is prohibited on board. our company reserves the right to request a photo ID. 5.4 Guests must follow all instructions of our company or its crew promptly and without delay. Access to the private pier or sailing yacht Galaxie may be denied without a reason being provided, should this be deemed necessary by our company, for example in relation to capacity, safety, public order or the imminent threat of damage or nuisance. Article 6 – Liability of our company 6.1 Our company is not liable for any damage to and / or loss of the guest’s property. The guest takes all their property on board entirely at their own risk, or leave their property at the boarding point at their own risk. However we take care of your property in every possible way. 6.2 Our company is not liable for damages to individuals or guests’ goods, caused by entering or boarding our dinghy and sailing yacht Galaxie. The guest enters these areas entirely at their own risk. Article 7 – Liability guest 7.1 The guest is liable for damages caused by the guest to the property used by our company or third parties. 7.2 All activities organized by our company take place entirely at the guests’ own risk. 7.3  Guests indemnifies our company completely for any damage suffered by third parties during all activities. Article 8 – General Liability 8.1 Our company is not liable for personal injury or damage of any nature, regardless of its cause, prior, during or as a result of the boat trip. 8.2 Children fall under the full responsibility of their parent(s). However the captain remains always in charge in case of emergency. Take notice that our sailing yacht is no playground for children. 8.3 Children under the age of 4 are required to sit on their parents’ lap. Children under the age of 4 are obliged to wear a life jacket at any time during the boat trip. 8.4 Should our company not be able to comply with their obligations due to force majeure, there is no entitlement to restitution or compensation. 8.5 If and to the extent that our company is liable for any other party for damage and / or damage suffered by it, this liability shall at all times be limited to an amount of [ANG 500] Antillian guilders. Article 9 – Payment conditions and deposit 9.1 In agreement with any offer, we send the following 2 documents to confirm a reservation: 1) Booking confirmation 2) Terms & Conditions 2024 9.4 A booking is completed if we received the payment of the non-refundable deposit by Creditcard if agreed otherwise. 9.5 If the payment term of the deposit is overdue, we reserves the right to cancel the booking and release the date for a new booking, unless we have been informed and agreed otherwise. 9.6 Once the non-refundable deposit is received, the booking is final and you/the guest agrees to our document ‘Terms & Conditions 2024 including our cancellation policy. 9.7 If guests decline or otherwise terminate any confirmation or agreement for any reason, prematurely or not, our company shall in no case be held for repayment of the deposit to any guest or to a third party for the benefit of any guest. 9.8  In case of any cancellation or no show, there will be no refund of the deposit. 9.9 The deposit remains valid in the event of rescheduling of the departure date within 1 year. 9.10 All confirmed tours can be paid through Getmyboat.  Article 10 – Cancellation Policy 10.1 Cancellations before 7 days prior to departure will not result in any further payment obligation except for the non-refundable deposit already made. 10.2 Cancellations within 7 days up to 24 hours prior to departure will result in a payment obligation of U$D 250 in addition to the non-refundable deposit of U$D 125 already made. 10.3 Cancellations within 24 hours prior to departure (or a no show) will result in a payment obligation of U$D 500 in addition to the non-refundable deposit of U$D 125 already made. 10.4 Cancellations of a confirmed group/family member, within 24 hours prior to departure, will not result in a change of the confirmed tour price/rate. 10.5 Cancellations of a confirmed group/family member, within 7 days up to 24 hours prior to departure, will be recalculated conform our website rates at the time of cancellation 10.6 All cancellations can only be reported via the email address provided at the time of booking and provided with a written receipt from Hilde van Ulden that the cancellation has been notified. Cancellations via SMS, through any social media will not be processed. Article 11 – Complaints 11.1 If a guest finds a shortcoming in the implementation of the agreement, we shall be notified on that present moment, at latest before the end of the activity, so we can find a solution to solve it.  Article 12 – Other  12.1  Under these terms (Terms & Conditions 2024 , the agreement with the guest, all (other) our services and all disputes arising between the guest and our company, the law of Curacao applies. In all cases, the Court of Curaçao is exclusively competent to take note of these disputes.