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Terms & Conditions

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Reservation Terms, Liability and Cancellation Policy

By making a reservation, completing payment, electronically accepting these terms, checking in, or using the accommodation, the Guest confirms that they have read, understood, and agreed to these terms, the Rental Agreement, and the House Rules.

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Reservation and System Errors

All reservations are subject to final verification by Van Engelenburg.

Van Engelenburg is not bound by errors involving prices, availability, dates, discounts, property descriptions, payment processing, currency conversion, double bookings, booking platforms, software, synchronisation, technical systems, employees, contractors, or third-party service providers.

Van Engelenburg may correct any such error at any time, including after a reservation confirmation or payment has been issued or received. Van Engelenburg may offer corrected reservation terms, alternative accommodation, a credit, or cancellation of the reservation.

An obviously incorrect price, discount, availability indication, description, or reservation does not create a right to accommodation or performance at the incorrect terms.

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Right to Refuse, Modify or Cancel

To the fullest extent permitted by Curaçao law, Van Engelenburg reserves the right to refuse, modify, relocate, suspend, shorten, or cancel a reservation before or during the stay where reasonably considered necessary for operational, commercial, maintenance, safety, security, legal, reputational, or property-protection reasons.

Van Engelenburg may also terminate a stay immediately if a Guest:

  • fails to make full and timely payment;

  • provides incorrect, incomplete, misleading, or fraudulent information;

  • causes or threatens damage, nuisance, danger, or unlawful activity;

  • exceeds the permitted number of occupants;

  • organises an unauthorised party, event, or commercial activity;

  • allows unauthorised persons to enter or stay at the Property; or

  • violates the Rental Agreement, House Rules, or applicable law.

Where cancellation or termination results from the Guest’s conduct or breach, the Guest shall not be entitled to a refund, except where mandatory law requires otherwise. The Guest remains liable for all resulting damage, additional cleaning, repair or replacement expenses, fines, lost rental income, and reasonable legal or collection costs.

If Van Engelenburg cancels for a reason not attributable to the Guest, Van Engelenburg’s maximum contractual obligation shall, subject to mandatory law, be limited to one of the following:

  1. a refund of accommodation charges received directly by Van Engelenburg for the cancelled and unused portion of the reservation;

  2. a reservation credit; or

  3. alternative accommodation accepted by the Guest.

Van Engelenburg shall not be responsible for replacement accommodation booked elsewhere, airfare, transportation, food, platform fees, loss of enjoyment, inconvenience, lost opportunities, exchange-rate differences, or other incidental or consequential expenses.

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Assumption of Risk

The Guest enters and uses the Property at their own risk and voluntarily assumes all ordinary, apparent, inherent, and reasonably foreseeable risks associated with the Property and stay.

These risks include, without limitation, risks associated with swimming pools, water, slippery surfaces, stairs, balconies, terraces, gardens, driveways, furniture, appliances, recreational facilities, weather, insects, animals, vegetation, utility interruptions, crime, and the acts or omissions of third parties.

Guests are solely responsible for supervising children, vulnerable persons, visitors, and invitees. No lifeguard, security guard, childcare service, or medical supervision is provided unless expressly confirmed in writing.

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Limitation of Liability

To the fullest extent permitted by mandatory Curaçao law, Van Engelenburg—including the property owner, property manager, affiliated companies, directors, employees, agents, contractors, and representatives—shall not be liable for:

  • personal injury, illness, accident, or death;

  • theft, loss, or damage involving money, vehicles, luggage, valuables, or other personal property;

  • interruptions involving electricity, water, internet, air conditioning, or other services;

  • acts or omissions of neighbours, other guests, contractors, utility providers, booking platforms, public authorities, criminals, or other third parties;

  • weather, emergencies, governmental measures, force-majeure events, or circumstances outside its reasonable control; or

  • indirect, special, incidental, punitive, or consequential loss or damage.

Guests are responsible for obtaining appropriate travel, medical, accident, liability, cancellation, and personal-property insurance.

Where liability cannot legally be excluded, Van Engelenburg’s total aggregate liability shall, to the fullest extent permitted by law, be limited to the accommodation charges actually paid directly to Van Engelenburg for the affected reservation.

Nothing in these terms excludes liability that cannot lawfully be excluded under mandatory Curaçao law.

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Guest Responsibility and Indemnification

The person making the reservation is responsible for every occupant, child, visitor, and invitee connected with the reservation.

The Guest agrees, to the fullest extent permitted by law, to indemnify, defend, and hold Van Engelenburg harmless against claims, liabilities, losses, damage, fines, penalties, additional cleaning, repair or replacement costs, lost rental income, and reasonable legal or collection expenses resulting from:

  • an act or omission of the Guest or their party;

  • damage to or misuse of the Property;

  • a violation of these terms, the Rental Agreement, House Rules, or applicable law;

  • the presence or conduct of visitors or invitees; or

  • an unauthorised event, additional occupant, commercial activity, or subletting.

These responsibilities continue after cancellation, termination, eviction, or checkout.

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House Rules and Access

All Guests and visitors must comply with the House Rules and reasonable instructions issued by Van Engelenburg.

Van Engelenburg or its representatives may enter the Property after reasonable notice for inspection, maintenance, repairs, safety, or investigation of a suspected violation. Advance notice is not required in an emergency or where immediate entry is reasonably necessary to protect persons or property.

A serious or repeated violation may result in immediate termination of the stay and lawful removal from the Property without a refund, except where mandatory law requires otherwise.

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Maintenance and Reporting

Guests must promptly report unsafe conditions, defects, damage, accidents, security concerns, or required repairs. Failure to report an issue promptly may make the Guest responsible for any resulting or increased damage.

Van Engelenburg must be given a reasonable opportunity to inspect and address reported issues. Temporary inconvenience, maintenance, or interruption of a non-essential service does not automatically create a right to compensation or cancellation.

Guests may not engage contractors, arrange repairs, withhold payment, or deduct expenses without prior written approval from Van Engelenburg, except where immediate action is reasonably necessary to prevent personal injury or substantial property damage.

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Existing and Future Reservations

These terms apply to reservations made on or after the effective date shown below, provided they were made available before or when the reservation was completed.

For reservations made before the effective date, these amended terms apply only after the Guest has expressly accepted them through a signature, electronic checkbox, email confirmation, or another legally valid method. Publication on this website alone does not retrospectively alter an existing agreement.

Once validly accepted for an existing reservation, these terms apply to the remaining stay and to subsequent extensions, modifications, additional services, visitors, and occupants connected with that reservation.

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Severability and Mandatory Law

If any provision is found invalid or unenforceable, it shall be applied to the maximum extent legally permitted. The remaining provisions shall continue in full effect.

Mandatory Curaçao law prevails only to the extent that it cannot lawfully be excluded. All remaining protections and limitations benefiting Van Engelenburg remain effective.

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Governing Law and Jurisdiction

These terms and all disputes relating to the reservation, payment, Property, or stay are governed exclusively by the laws of Curaçao.

To the fullest extent permitted by Curaçao law, Van Engelenburg shall not be liable for any loss, damage, injury, cost, delay, or circumstance not expressly addressed above.

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