Terms and Conditions Maxie Sailing Curacao Private Boat Charters

At Maxie Sailing Curaçao, your safety, comfort and enjoyment are our top priorities. Our terms are in place to clearly explain how our sailing tours work, what you can expect from us, and what we expect from our guests in return.

Sailing on the open sea involves weather, safety and operational considerations that can sometimes change unexpectedly. These Terms and Conditions help ensure transparency, fairness and clarity for everyone, while allowing our crew to make responsible decisions in the interest of safety.

We encourage all guests to read all articles 0 - 11 below carefully before booking. By doing so, you help us provide a smooth, safe and enjoyable sailing experience for everyone on board.

• Art 0 – Scope and Definitions
• Art 1 – General
• Art 2 – Guest Requirements/Conduct
• Art 2A – Health, COVID & Flu Safety
• Art 3 – Safety and Risk Acceptance
• Art 4 – Waiting Periods & Delays
• Art 5 – Execution of the Booking
• Art 6 – Force Majeure, Safety Risks..
• Art 7 – Liability of MSC
• Art 7A – Liability of the Guest
• Art 8 – General Liability
• Art 9 – Payment Conditions/Deposit
• Art 10 – Cancellation Policy
• Art 11 – Final Provisions

1.1 Scope of Services

Maxie Sailing Curacao (“MSC”) provides private charter sailing excursions and boat trips in Curacao and surrounding waters.

1.2 Company Registration

Maxie Sailing Curacao is duly registered with the Chamber of Commerce of Curacao under registration number 150959 and CRIB number 102538980.

1.3 Authority of the Captain

The captain has full authority over the sailing yacht and all tours at all times. For safety and operational reasons, the captain’s decisions are final and binding. Guests must comply with all instructions given by the captain or crew. Safety policy: our vessel, our rules.

1.4 Route, Schedule & Operational Changes

MSC reserves the right to modify routes, itineraries, departure times, or schedules when required due to weather conditions, sea state, shallow waters, technical considerations, safety concerns, guest-related circumstances (including but not limited to seasickness), or any other legitimate operational reason. Where reasonably possible, guests will be informed in advance. The captain alone determines whether such conditions apply.

1.5 Acceptance of Terms & Conditions

By booking a tour, guests confirm that they have read, understood, and accepted the Terms & Conditions 2025 - 2026 | Maxie Sailing Curacao (MSC).

1.6 Capacity Limits

MSC boat trips are offered for a minimum of two (2) guests and a maximum of ten (10) guests per tour, unless expressly agreed otherwise in writing.

1.7 Reservations

Reservations may be made directly via info@maxiesailing.com, through the official website www.maxiesailing.com, or via authorized professional booking partners.

1.8 Booking Confirmation

A booking is considered official and binding only after written confirmation by MSC and receipt of the agreed deposit or prepayment, in accordance with the agreed payment terms.

1.9 Vessel & Crew

All MSC boat trips are conducted aboard the sailing yacht Galaxie and are operated with a professional two-person crew, who are the owners of Maxie Sailing Curacao.

1.10 Language

The MSC crew communicates in English, Dutch, and German.

2.1 Boarding at Own Risk

Boarding and disembarking the sailing yacht Galaxie (registration NC4-Z) is undertaken entirely at the guest’s own risk and responsibility.

2.2 Compliance with Instructions

Guests must follow all instructions given by the MSC crew at all times and under all circumstances.

2.3 Conduct on Board

Running, unsafe movement, reckless behavior, or any conduct that may endanger guests, crew, or the vessel is strictly prohibited.

2.4 Obstruction and Nuisance

Guests must not cause obstruction, inconvenience, or nuisance to other guests or the MSC crew.

2.5 Prohibited Items

Guests are not permitted to bring their own food or beverages on board, nor any illegal substances, drugs, explosives, weapons, or other hazardous materials.

2.6 Alcohol Consumption

Excessive alcohol consumption is strictly prohibited. MSC reserves the right to refuse service of alcohol or deny participation where safety may be compromised.

2.7 Food, Drinks & Allergies

Food and beverages are included in MSC tours. Guests must inform the crew in advance of any food allergies, intolerances, or medical conditions. Consumption of any food or drink provided by MSC is at the guest’s own risk, including in cases of unknown or undeclared allergies.

2.8 Vessel Equipment & Jumping Overboard

Guests are not permitted to jump from the vessel, handle ropes, sails, or equipment, or access restricted areas without explicit permission from the MSC crew.

2.9 Life-Saving Equipment

Life-saving equipment (including life vests and buoys) may only be used upon instruction from the captain in the event of an emergency.

2.10 Pets

Pets are not permitted on board under any circumstances.

2.11 Smoking Policy

Smoking is strictly prohibited on board the vessel.

2.12 Denial of Participation

For safety or compliance reasons, MSC reserves the right at any time to deny boarding or terminate participation of any guest. In such cases, no refund or compensation shall be due.

2.13 Location & Access

The sailing yacht Galaxie is moored at Seru Boca Marina, Santa Barbara, Curacao. Access from the pier is straightforward and marina entry is free of charge.

2.14 Accessibility

The vessel is not wheelchair accessible.

2.15 Onboard Facilities

The yacht is equipped with private cabins, a bathroom with toilet, kitchen, and lounge area.

2.16 Weather Considerations

Guests should anticipate variable weather conditions, including rain. A bimini (sun/rain shelter) is available, and ponchos are provided when necessary.

2.17 Equipment Provided

MSC provides one towel per guest, snorkel masks, pool noodles, and reef-safe sunscreen if required. All provided items remain the property of MSC and must remain on board. Shower facilities are available at the marina after the tour.

2.18 Sunscreen Restrictions

Spray sunscreen, tanning lotions, and oil-based sunscreens are not permitted on board.

2.19 Children

Children under the age of four (4) must sit on a parent’s lap and wear a life jacket at all times. Parents or legal guardians remain fully responsible for their children at all times. The vessel is not a playground.

2A.1 Health Declaration

Each guest confirms they are not experiencing symptoms of COVID-19 or influenza, have not been in recent contact with a confirmed or suspected case, are not awaiting test results, and do not have a body temperature exceeding 37.5°C.

2A.2 Hygiene & Liability

Guests are expected to follow reasonable hygiene and distancing measures where possible. While MSC takes appropriate precautions, MSC accepts no liability for illness or health complaints arising from participation in its tours.

3.1 Inherent Risks

Participation in sailing and maritime activities involves inherent risks, including but not limited to injury, sunburn, wave impact, wind movement, currents, rain, and property damage.

3.2 Acceptance of Risk

By participating in MSC activities, guests expressly accept all associated risks and agree that participation is entirely at their own expense and responsibility.

3.3 Swimming Ability & Health

Guests confirm they are able to swim and are in adequate physical health. In case of doubt, guests must consult MSC prior to participation.

3.4 Life Jackets

Life jackets are available for up to two guests at a time and may be worn free of charge for the duration of the tour.

Article 4 – Waiting Periods and Delays

4.1 Timely Arrival

Guests must arrive at the agreed departure location on time as stated in the booking confirmation. MSC will not delay departure unless expressly agreed in advance.

4.2 Late Arrival

Late arrival does not entitle guests to refunds, extensions, or additional sailing time.

4.3 Severe Delays

In the event of significant delay, the captain determines whether to proceed or cancel the tour. Waiting time is considered sailing time and will not be added at the end of the trip.

Article 5 – Execution of the Booking

5.1 Weather Conditions

MSC may cancel tours due to severe or unsafe weather conditions, including storms or official weather warnings (code orange or red). The captain determines whether conditions are safe for sailing.

5.1.1 Guest Refusal Due to Weather

If a guest chooses not to sail despite the captain deeming conditions safe, the standard cancellation policy (Article 10) applies.

5.2 Misconduct

In cases of misconduct, including behavior influenced by alcohol or drugs, the captain may pause or immediately terminate the tour. Guests under the influence at boarding will be denied access. Payment obligations remain fully enforceable.

5.3 Alcohol & Age Restriction

Alcohol consumption by persons under eighteen (18) years of age is prohibited. MSC may request valid photo identification.

5.4 Denial of Access

MSC may deny access to the vessel or private pier without explanation where deemed necessary for safety, capacity, public order, or risk prevention.

Article 6 – Force Majeure, Safety Risks and Travel Disruptions

7.1 Personal Property

MSC is not liable for loss of or damage to guest property. All belongings are brought on board or left at the marina entirely at the guest’s own risk.

7.2 Boarding & Vessel Access

MSC is not liable for injury or damage occurring during boarding, disembarking, or while on board the vessel.

7.3 Marina Area

MSC is not liable for injury or damage occurring within the Santa Barbara or Seru Boca Marina areas.

Article 7A – Liability of the Guest

7A.1 Damage

Guests are fully liable for damage caused to MSC property or third-party property.

7A.2 Risk Participation

All MSC activities are undertaken entirely at the guest’s own risk.

7A.3 Indemnification

Guests fully indemnify MSC against claims or damages suffered by third parties resulting from guest actions.

Article 8 – General Liability

8.1 Limitation of Liability

MSC is not liable for personal injury or damage of any kind, regardless of cause, before, during, or after the tour, except where such limitation is prohibited by applicable law.

8.2 Children

Parents or legal guardians remain fully responsible for children at all times. The captain retains authority in emergencies.

8.3 Young Children

Children under four (4) years must sit on a parent’s lap and wear a life jacket at all times.

8.4 Force Majeure

In cases of force majeure, MSC shall not be liable for refunds, restitution, or compensation.

8.5 Liability Cap

If MSC is held liable notwithstanding the above, liability shall be limited to a maximum amount of XCG 500 (Caribbean Guilders), to the extent permitted by applicable law.

Article 9 – Payment Conditions and Deposit

9.1 Reservation Confirmation

Upon acceptance of an offer from MSC, the reservation is confirmed by issuance of: (a) booking confirmation including deposit payment link; (b) booking confirmation including tour details and safety information; and (c) access to these Terms & Conditions via links included in the confirmations.

9.2 Deposit Requirement

A non-refundable deposit of USD 100 is required to secure any booking. The deposit must be received by MSC within one (1) calendar day from the booking confirmation date.

9.3 Legal Effect of Deposit

The deposit confirms the exclusive reservation of the selected date for the guest and constitutes compensation to MSC for blocking availability and for losses incurred in the event of cancellation or no-show.

9.4 Booking Completion & Payment Methods

A booking is considered completed and legally binding only upon receipt of the non-refundable deposit by MSC, paid via: (a) credit card via secure CX-Pay transfer; (b) manual credit card payment (Amex/Visa/Mastercard) subject to a 5% administration fee; or (c) bank transfer or alternative method only if expressly agreed in writing.

9.5 Failure to Pay Deposit

If the deposit is not received within the stated payment term, MSC reserves the right to cancel the booking without further notice and release the date for resale, unless otherwise agreed in writing.

9.6 Acceptance of Terms

Receipt of the non-refundable deposit constitutes full acceptance of these Terms & Conditions, including all cancellation, liability, and force majeure provisions. 

9.7 Guest-Initiated Termination

If the guest cancels, withdraws, or otherwise terminates the booking for any reason, MSC shall under no circumstances be obliged to refund the deposit, nor be liable to any third party.

9.8 Cancellation or No-Show

In the event of cancellation or no-show, the non-refundable deposit is forfeited in full.

9.9 Rescheduling by MSC

If MSC reschedules the departure date due to operational, safety, or force majeure reasons, the deposit shall remain valid as a non-transferable credit for one (1) year from the original departure date.

9.10 Payment of Remaining Balance

The remaining tour balance may be paid by: (a) credit card prepayment via secure CX-Pay transfer; (b) credit card on board (Amex/Visa/Mastercard) subject to a 5% onboard administration fee; or (c) cash on board in USD or XCG (Caribbean Guilder).

9.11 Refund Processing

Any approved refund of prepaid amounts (excluding the deposit) will be processed via the original payment method and subject to deduction of the non-refundable deposit and a 5% administration fee.

Article 10 – Cancellation Policy

Article 11 – Final Provisions

Terms & Conditions 2025 - 2026 | Maxie Sailing Curaçao (MSC)

• Operating Area: Curacao & surrounding waters
• Chamber of Commerce Curacao: 150959
• CRIB: 102538980
• Website: www.maxiesailing.com
• Email: info@maxiesailing.com

Version effective from: 1 January 2025
Applies to all bookings made on or after this date.