TERMS AND CONDITIONS & PRIVACY POLICY (English)
Terms and Conditions, Legal Disclaimer, Privacy & Cookie Policy of Sea & Sun Resort Curaçao
Last Update: October 2026
CHAPTER 1: AUTOMATIC BINDING AGREEMENT
Section 1.1 – Tacit and Automatic Acceptance
meanwhile, by accessing, browsing, using the website sea-sun-resort-curacao.com, or by submitting a booking inquiry, email. or payment through Stripe. the visitor, applicant, or contracting party (hereinafter referred to as “the Guest” or “the User”) automatically, unconditionally, and irrevocably agrees to all terms. exclusions, and disclaimers contained in this document. If you do not agree to these terms, you must immediately cease using this website and refrain from entering the property.
Section 1.2 – Nature of Booking (“Booking on Request”)
Any transaction or inquiry submitted via the website constitutes solely a “request for booking”. The Owner and the Resort reserve the absolute right to refuse bookings without stating a reason. An agreement is only finalized after explicit written confirmation from the Owner AND receipt of the full deposit/payment.
CHAPTER 2: TOTAL EXCLUSION OF LIABILITY (LEGAL WALL)
Section 2.1 – Assumption of Risk for Property and Facilities
Entering the premises of Sea & Sun Resort at Hòfi St. Joris, staying in the apartments. and using all facilities is done entirely and exclusively at the sole risk of the Guest and their traveling companions. This includes, but is expressly not limited to: the swimming pool, jacuzzi, lounge deck, palapas, padel court, soccer field, outdoor wash stations, sports storage, stairs, parking areas, and surrounding nature trails.
Section 2.2 – Exclusion of Physical and Consequential Damages
Under no circumstances (including alleged negligence) shall the Owner, the Resort, their employees, representatives. or affiliates be liable for any direct, indirect, incidental, special, or consequential damages. This encompasses an absolute exclusion of liability for:
- Personal injury, illness, infections, drowning, permanent disability, or death of the Guest or third parties on the property.
- Loss, theft, burglary, misappropriation, or damage to personal belongings, luggage, valuables, sports equipment (kitesurfing gear), or vehicles (including rental cars) parked on or near the premises.
- Psychological damage, loss of holiday enjoyment, or disappointment regarding the state of the resort, ongoing construction, or the surrounding area.
Section 2.3 – Absolute Indemnification Clause
The Guest agrees to fully indemnify, defend, and hold harmless the Owner and the Resort against all claims, liabilities, damages, costs, legal fees, and lawsuits brought by the Guest themselves, their family members, traveling companions, or third parties present on the property due to the Guest’s actions or invitation. Any claims can never be recovered from the personal assets of the Owner.
CHAPTER 3: FORCE MAJEURE & ISLAND INFRASTRUCTURE
Section 3.1 – Force Majeure (Act of God)
The Resort shall not be liable, and will not issue any refunds, damages, or compensation, if the performance of the agreement is prevented (in whole or in part) due to circumstances amounting to Force Majeure. Force Majeure includes any circumstance beyond the reasonable control of the Resort, including but not limited to:
- Natural disasters, tropical storms, hurricanes, earthquakes, severe drought, or floods.
- Government regulations, border closures, epidemics, pandemics, quarantines, war, terrorism, or civil unrest.
- Strikes, transportation strikes, airport closures (Curaçao International Airport), or airline delays.
Section 3.2 – Utility and Equipment Disruptions
Curaçao operates on an island infrastructure. The Resort is never liable for temporary or prolonged outages of:
- Electricity (power outages/black-outs by Aqualectra) and consequently non-functioning air conditioning.
- Water supply or water pressure.
- Internet, Wi-Fi connections, or television signals.
- Mechanical failure of the swimming pool, jacuzzi pumps, or other resort equipment.
Such disruptions do not entitle the Guest to any discounts, cancellations, or financial compensation.
CHAPTER 4: DIGITAL DISCLAIMER & ICAL SYNCHRONIZATION
Section 4.1 – Website Status (“As-Is”)
The website and all information displayed on it are provided on an “as-is” basis. The Resort gives no warranties regarding the accuracy, completeness, or error-free nature of texts, images, pricing, or availability.
Section 4.2 – iCal and Calendar Glitches
Although the availability calendar synchronizes via iCal, the Resort is not liable for digital delays, API failures, server errors, or synchronization issues between external platforms (such as Airbnb or Booking.com) and this website. In the event of a double booking caused by a software glitch, the Resort reserves the right to cancel the request. Liability in such cases is strictly limited to the refund of the amount already paid by the Guest.
CHAPTER 5: PRIVACY & COOKIE POLICY (THE FULL RIDDLE)
Section 5.1 – Personal Data Processing (GDPR compliant)
When you fill out the booking form, we process your personal data (name, email address, phone number, travel dates, and payment processing tokens via Stripe). This data is strictly used for verifying and handling your reservation and will never be sold or shared with third parties, unless required by law.
Section 5.2 – Cookie Policy
Our website uses functional, analytical, and tracking cookies.
- Functional cookies are necessary for the basic operations of the site, such as the booking engine.
- Analytical cookies (such as Google Analytics) collect anonymous data on how visitors interact with the site, helping us improve user experience.
- Marketing/Tracking cookies (if applicable) are used to make advertisements more relevant to your interests.
You can disable or delete cookies through your browser settings, though doing so may negatively impact the functionality of the booking form.
CHAPTER 6: GOVERNING LAW AND EXCLUSIVE JURISDICTION
Section 6.1 – Laws of Curaçao
These Terms and Conditions, the website, the cookie provisions, and all agreements between the Resort and the Guest shall be governed exclusively by the laws of Curaçao.
Section 6.2 – Exclusive Jurisdiction
Any potential disputes, claims, or lawsuits arising out of or in connection with the use of the website or the stay at the resort shall be submitted exclusively to the competent court located in Curaçao. Any other court in the world is explicitly deemed unauthorized to hear the dispute.