Legal

Terms & Conditions

The rules governing your use of the Platform.

Last updated: May 8, 2025

Please read these Terms and Conditions (“Terms”) carefully before using https://www.therealcuracao.com (the “Platform”) operated by The Real Curaçao(“we”, “our”, or “us”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

1. Acceptance of Terms

By accessing, browsing, or using the Platform in any way — including creating an account, using the AI trip planner, reading content, or clicking affiliate links — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Cookies Policy.

If you are using the Platform on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. Changes take effect upon posting. Continued use of the Platform following any modification constitutes your acceptance of the revised Terms.

2. Description of the Platform

The Real Curaçao is an online travel guide and content platform focused on Curaçao. The Platform currently provides:

  • Travel guides, blog articles, and editorial content about Curaçao.
  • Curated recommendations for hotels, restaurants, beaches, activities, and car rentals.
  • An AI-powered trip planner and itinerary generator.
  • An interactive map with location-based recommendations.
  • Affiliate links to third-party travel service providers.
  • Embedded video content (vlogs) and social media content.
  • Newsletter subscription and user accounts.
  • Future features may include direct bookings, user reviews, and premium content.

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time without notice or liability.

3. User Accounts

Certain features of the Platform require you to create an account. By creating an account, you agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain and promptly update your account information.
  • Keep your password confidential and not share it with any third party.
  • Notify us immediately of any unauthorised access to your account.
  • Accept responsibility for all activity that occurs under your account.

We reserve the right to terminate or suspend accounts at our sole discretion, including where we suspect breach of these Terms, fraudulent activity, or misuse of the Platform.

4. Acceptable Use

You agree to use the Platform only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

  • Use the Platform in any way that violates applicable local, national, or international laws or regulations.
  • Transmit any unsolicited or unauthorised advertising or promotional material (spam).
  • Attempt to gain unauthorised access to any part of the Platform, its servers, or databases.
  • Use automated scripts, bots, scrapers, or crawlers to collect data from the Platform without our prior written consent.
  • Reproduce, redistribute, republish, or resell any content from the Platform for commercial purposes without permission.
  • Post, upload, or transmit any content that is defamatory, obscene, offensive, or otherwise objectionable.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
  • Interfere with or disrupt the integrity or performance of the Platform.
  • Reverse engineer, decompile, or disassemble any part of the Platform.

Violation of this section may result in immediate termination of your access to the Platform.

5. AI Trip Planner — Specific Terms

Important — AI-Generated Content

The itineraries, suggestions, and recommendations generated by our AI trip planner are provided for informational purposes only. They are generated by automated systems and may not reflect current conditions, availability, pricing, or safety information.

By using the AI trip planner, you acknowledge and agree that:

  • AI-generated itineraries are starting points for planning and should be independently verified.
  • We make no guarantees regarding the accuracy, completeness, or suitability of AI-generated content.
  • You remain solely responsible for all travel decisions, bookings, and safety assessments.
  • We are not liable for any losses, damages, or inconveniences arising from reliance on AI-generated content.
  • Your inputs to the AI planner may be processed by third-party AI providers (e.g., OpenAI) subject to their terms of service.
  • We may use anonymised or aggregated AI planner inputs to improve the service.

6. Affiliate Disclosure

Affiliate & Commercial Relationships

The Real Curaçao participates in affiliate marketing programmes. This means we earn commissions when you click on certain links on the Platform and subsequently make a purchase or booking with a third-party provider.

Affiliate partners may include, but are not limited to: Booking.com, GetYourGuide, Rentalcars.com, Amazon, and other travel and lifestyle brands.

Our affiliate disclosure commitments:

  • Affiliate links are identified where possible, and sponsored content is clearly labelled.
  • Our editorial opinions, reviews, and recommendations are independent and not influenced by affiliate relationships unless explicitly stated.
  • Affiliate commissions do not affect the price you pay — the price is the same whether or not you use our affiliate link.
  • We only recommend services and products we genuinely believe provide value to our readers.
  • We comply with the US FTC Disclosure Guidelines, EU Consumer Rights Directive, and applicable advertising standards.

7. Travel Information Disclaimer

No Professional Travel Advice

All content on the Platform — including guides, blog posts, recommendations, and AI-generated itineraries — is provided for general informational and entertainment purposes only. It does not constitute professional travel advice.

You acknowledge that:

  • Travel information including prices, opening hours, availability, visa requirements, and health and safety conditions can change without notice.
  • We do not guarantee the accuracy, completeness, or timeliness of any information on the Platform.
  • You are solely responsible for verifying all travel information before making bookings or travel decisions.
  • We strongly recommend obtaining appropriate travel insurance before any trip.
  • Local laws, regulations, and safety conditions vary. You are responsible for researching and complying with these before and during travel.
  • We are not responsible for any accidents, illness, injury, loss, or damage arising from travel activities described on the Platform.

8. Third-Party Services & Links

The Platform contains links to third-party websites, booking platforms, and service providers. These links are provided for your convenience only.

  • We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites.
  • We do not endorse any third-party products, services, or websites unless explicitly stated.
  • Your use of third-party services is governed by their own terms and conditions and privacy policies.
  • Any transactions you make with third parties are solely between you and that third party.
  • We are not liable for any loss or damage arising from your dealings with third-party providers.

9. Intellectual Property

All content on the Platform — including but not limited to text, articles, guides, photographs, videos, graphics, logos, icons, and software — is the intellectual property of The Real Curaçao or its licensors and is protected by copyright, trademark, and other applicable laws.

You are granted a limited, non-exclusive, non-transferable licence to:

  • Access and view the Platform content for personal, non-commercial use.
  • Share links to Platform content on social media or other websites.

You may not:

  • Copy, reproduce, distribute, or publish any Platform content without our prior written consent.
  • Use our content, logos, or trademarks for commercial purposes.
  • Create derivative works based on our content without permission.
  • Use content from the Platform in a way that misrepresents its origin or misleads users.

To request permission to use our content, please contact us at hello@therealcuracao.com.

10. User-Submitted Content

If the Platform allows you to submit content (e.g., reviews, comments, itinerary shares), you retain ownership of your content but grant us a worldwide, royalty-free, non-exclusive licence to use, reproduce, modify, adapt, publish, and display such content in connection with the Platform.

You represent and warrant that any content you submit:

  • Is original or you have the right to submit it.
  • Does not infringe any third-party intellectual property rights.
  • Does not contain unlawful, defamatory, or offensive material.
  • Does not contain viruses, malware, or harmful code.

We reserve the right to remove any user-submitted content at our discretion.

11. Newsletter & Communications

By subscribing to our newsletter, you consent to receive periodic emails about travel content, guides, promotions, affiliate offers, and Platform updates.

  • You may unsubscribe at any time by clicking the unsubscribe link in any newsletter email.
  • Transactional emails (account-related, booking confirmations) may still be sent after unsubscribing from marketing.
  • We will not sell your email address to third parties.

12. Payments & Future Bookings

The Platform does not currently process direct payments or bookings. All booking transactions are handled by third-party affiliate partners on their own platforms under their own terms and conditions.

If we introduce direct booking or payment functionality in the future, we will update these Terms and notify users accordingly. At that time, additional payment terms, refund policies, and cancellation policies will apply.

13. Limitation of Liability

Important — Please Read Carefully

To the maximum extent permitted by applicable law, The Real Curaçao, its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, data, goodwill, or business opportunities.
  • Personal injury or property damage resulting from travel activities.
  • Losses arising from reliance on Platform content or AI-generated itineraries.
  • Losses arising from bookings made with third-party providers.
  • Unauthorised access to or alteration of your data.
  • Platform downtime, errors, or unavailability.

Our total aggregate liability to you for any claim arising from your use of the Platform shall not exceed the greater of: (a) the amount you paid us in the 12 months preceding the claim, or (b) €100 / $100 USD.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless The Real Curaçaoand its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your breach of these Terms.
  • Your use of the Platform in violation of any applicable law.
  • Your violation of any third-party rights.
  • Any content you submit to the Platform.

15. Disclaimer of Warranties

The Platform is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We do not warrant that: (a) the Platform will be uninterrupted or error-free; (b) any content is accurate, complete, or up-to-date; (c) the Platform is free of viruses or harmful components; or (d) any AI-generated content is reliable or suitable for your purposes.

16. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Curaçao (Kingdom of the Netherlands), without regard to its conflict of law provisions.

For users located in the European Union, mandatory consumer protection provisions of your country of residence also apply and cannot be excluded by these Terms.

In the event of a dispute, we encourage you to first contact us at hello@therealcuracao.com to seek an amicable resolution. If a dispute cannot be resolved informally, it shall be submitted to the competent courts of Curaçao, unless mandatory local law provides otherwise.

EU residents may also use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and The Real Curaçao regarding your use of the Platform and supersede all prior agreements and understandings.

19. Contact Us

For any questions, concerns, or legal notices regarding these Terms, please contact:

The Real Curaçao — Mango Records SRL

Mango Records SRL, Romania

hello@therealcuracao.com