Terms and Conditions 2025

Terms & Conditions:

TERMS AND CONDITIONS (“Terms”) govern We Are! Tourism N.V., trading as We Are! SXM and www.wearesxm.com (“the Website”). Please read these Terms carefully. If you do not agree, please discontinue use of the Website.

1. Definitions

  • “We Are! SXM” / “We” / “Us” means We Are! Tourism N.V., registered in Sint Maarten under number 24049 in the Commercial Register of the St. Maarten Chamber of Commerce & Industry, with its principal office at #15 Red Plum Tree Drive, Opal Building Unit 2-10, Diamond Estate, Cole Bay, Sint Maarten.
  • “User” / “You” / “Your” means any person who visits or uses the Website.
  • “User Submission” means any feedback, comment, or other material of any nature submitted by a User to appear on the Website.

2. About We Are SXM

2.1 The Website is owned and operated by We Are! Tourism N.V. All information and content provided is curated and managed by We Are! Tourism N.V.

2.2 Contact: We Are! Tourism N.V., #15 Red Plum Tree Drive, Opal Building Unit 2-10, Diamond Estate, Cole Bay, Sint Maarten or via email at hello@wearesxm.com.

3. Use of the Website

3.1 By using this Website, you confirm that you are at least 18 years old and have the legal capacity to be bound by these Terms.

3.2 In the event that We Are SXM, in its sole discretion, considers that you are making any illegal and/or unauthorized use of the Website, We Are SXM reserves the right to suspend or terminate your access without notice and, in the case of illegal use, pursue legal proceedings.

3.3 We Are SXM may suspend the Website at any time and for any reason, including maintenance or upgrades, and shall not be liable to you for any such suspension.

3.4 We reserve the right to make any changes to the Website or discontinue any feature at any time without notice.

3.5 You may not use the Website or any part of it in connection with any commercial venture other than as expressly permitted by these Terms.

3.6 You may link to the homepage in a fair and legal manner that does not damage our reputation or imply endorsement. You must not frame the Website on any other site or create a link to any part of the Website other than the homepage.

3.7 You agree not to misuse the Website by knowingly introducing viruses, trojans, worms, or other harmful material. You must not attempt to gain unauthorized access to the Website, servers, or databases connected to the Website.

4. Newsletter & User Submissions

4.1 You may sign up for our newsletter to receive updates and our free digital Island Pocket Guide.

4.2 By subscribing, you agree to receive emails from We Are SXM. You can unsubscribe at any time using the “Unsubscribe” link in each newsletter.

4.3 Any content submitted by Users (e.g., comments, feedback) will be considered non-confidential and non-proprietary, and may be used, copied, or disclosed by We Are SXM.

4.4 By submitting content, you represent and warrant that you have all rights, licenses, and permissions necessary, and that your submission does not infringe on the intellectual property, privacy, or legal rights of others.

4.5 We Are SXM has the right to remove any User Submission at any time and for any reason.

4.6 We Are SXM has the right to disclose your identity to any third party who claims that any content you upload constitutes a violation of their rights.

4.7 If you feel that any User Submission is objectionable, please contact us at hello@wearesxm.com.

5. Activities & Boat Charters

5.1 Reseller Role – We Are SXM acts as a reseller and intermediary for certain activities, tours, and private boat charters. Bookings are fulfilled by independent third-party providers.

5.2 No Liability for Third Parties – We Are SXM is not responsible or liable for:

  • Any accidents, injuries, delays, cancellations, or damages occurring during or related to an activity or boat charter.
  • Any changes in availability, scheduling, or services provided by third-party suppliers.

5.3 By booking through We Are SXM, you acknowledge that the contract for services is between you and the respective provider.

5.4 Unless otherwise specified, insurance is not included in the booking price. You are responsible for ensuring adequate personal insurance coverage.

5.5 The provider may refuse admission or exclude participants if eligibility requirements are not met, if participation creates risks, or if behavior interferes with the proper conduct of the activity. In such cases, refunds are not guaranteed.

6. Information Accuracy

6.1 We Are SXM strives to provide the most up-to-date and accurate information possible regarding island services, restaurants, beaches, and activities.

6.2 However, details may occasionally be outdated, incorrect, or subject to change. We Are SXM is not liable for errors or reliance on outdated information.

6.3 Users are encouraged to verify details directly with providers when making decisions.

7. Intellectual Property

7.1 All rights, trademarks, and content on the Website belong to We Are SXM or are used under license.

7.2 Users may print or download content for personal use only. Commercial use or redistribution requires prior written permission.

7.3 You are prohibited from removing or altering any logos or marks owned by We Are SXM, or taking unfair advantage of its reputation.

8. Warranties and Liability

8.1 Nothing in these Terms excludes liability for death or personal injury caused by our negligence or fraud.

8.2 To the maximum extent permitted by law:

  • The Website is provided “as is” without warranties of accuracy, completeness, or availability.
  • We Are SXM shall not be liable for any loss, damage, or injury caused by use of the Website, reliance on its content, or participation in third-party activities.
  • Users participate in activities and charters at their own risk and are responsible for arranging personal travel insurance where necessary.

8.3 Links to third-party websites may appear on the Website. These are not under our control, and We Are SXM accepts no responsibility for their availability, reliability, or content.

8.4 Third-party websites may collect and process data differently; Users should review their privacy policies and terms.

8.5 You are solely responsible for interactions with merchants and third-party providers. You release We Are SXM from any claims related to such interactions.

8.6 We Are SXM is not responsible for viruses, denial-of-service attacks, or other harmful material that may affect your equipment due to use of the Website or linked websites.

9. Privacy

We Are SXM values User privacy. Please refer to our Privacy Policy for details on how personal information is collected, stored, and used.

10. General

10.1 These Terms are governed by and construed in accordance with the laws of (Dutch) Sint Maarten. Any disputes shall be subject to the exclusive jurisdiction of the courts of Sint Maarten.

10.2 If any provision of these Terms is deemed invalid or unenforceable, the remainder shall continue in full effect.

10.3 We reserve the right to amend these Terms at any time. Continued use of the Website implies acceptance of updated Terms.

10.4 You must comply with all applicable foreign and local laws and regulations when using the Website.

10.5 Because of the unique nature of the Website and its intellectual property, We Are SXM shall be entitled to injunctive relief in the event of breach, in addition to monetary damages.

10.6 Failure by either party to enforce any provision shall not constitute a waiver of rights.

10.7 Neither party will be responsible for delays caused by circumstances beyond reasonable control (force majeure).

10.8 Nothing in these Terms shall give any third party enforceable rights against We Are SXM.

10.9 If you feel any materials on the Website are offensive, objectionable, or potentially defamatory, please contact us at hello@wearesxm.com with full details.