General terms and conditions:
The SY Marlin Expeditions Michael Wnuk (in the following company) offers sailing trips with a sporty character.
The sailing trips are exclusively aimed at healthy and buoyant persons (hereinafter referred to as participants).
The following General Terms and Conditions apply to all services provided by the entrepreneur to the respective participant within the scope of the “Sailing Contract”.
The company observes all necessary safety precautions in compliance with the legal regulations. The personnel will be trained regularly – the ships and equipment will be inspected regularly. We have passenger accident insurance, skipper, liability and fully comprehensive insurance for MARLIN. The policies can be requested by the participant at any time.
Nevertheless, not all risks can be excluded. It is therefore recommended to take out accident insurance.
- 1 Object of performance
(1) The company offers sailing events for a participation fee. Exact place of performance and conditions of the agreed service result from the “sailing contract”.
The sailing contract is concluded after the essential terms of the contract have been laid down by a declaration of intent of the company and the participant which is directed towards the conclusion of the contract.
(2) The participation fee only covers accommodation during the sailing trip.
(3) The participant shall bear the costs of travel to and from the event.
(4) If the participant submits an offer for the conclusion of a contract or subsequent change requests, these will only become part of the contract with the express consent of the company. Silence on an offer of the customer does not count as acceptance.
(5) However, the company expressly reserves the right to make a change to the prospectus details before conclusion of the contract for objectively justified, considerable and unforeseeable reasons (natural phenomena, political tensions, etc.). In addition, the company is entitled at any time to carry out sailing trips and courses with ships other than those named in the brochure or the confirmation of participation if the planned ship is not available for unforeseeable reasons or the safety of the participants or crew would be endangered. The same applies in the event of necessary changes to the planned itinerary.
(6) The sailor shall have his own berth in two-berth cabins. The ship is heated, but not air-conditioned. The berths have sheets, pillows and covers. Towels are provided. If you have your own life jacket and lifeline, please bring them with you. You are responsible for your own clothes. Please take care to wear non-slip shoes with abrasion-resistant light soles or rubber boots. We sail with a maximum of six people. In addition to the cruise prices there is always a board cash register for food, diesel, gas, clearance costs, marina. Alcohol is always charged according to personal consumption. Skipper and if on board, boatboy, are exempt from the board cash contribution, if they earn their income with their activity. The so-called holiday skipper or boatboy also participates in the on-board cash register if there are no other agreements with the crew. Transport costs to the airport are not included in the costs. We are not liable for changes to the sailing schedule due to weather over 8bft, material, spare parts, force majeure and the associated rebooking consequences, etc. On the MARLIN there is always a stock of food and drinks on board. After completion of the voyage, the crew takes the remaining stock off board or leaves it to the next crew.
- 2 Terms of payment
Unless otherwise stipulated in the “Sailing Contract”, the participation fee is due as follows:
a.) For sea trips in Europe: deposit of EUR 150,- at the latest upon receipt of the booking confirmation / invoice. Remaining amount up to 7 days before the start of the cruise at the latest.
b.) For overseas trips and group bookings a deposit of 50% is required, at the latest upon receipt of the booking confirmation / invoice. Remaining amount at the latest 7 days before the start of the cruise.
c.) If you register within 30 days before the start of the cruise, the total amount is due immediately.
- 3 Withdrawal
(1) The participant may withdraw from the trip at any time. Cancellation must be made in writing. In this context, the Company strongly recommends taking out travel cancellation insurance. In the event of cancellation, the Company may demand appropriate compensation, which shall be calculated either concretely or as a lump sum at its discretion. The lump-sum compensation varies according to service and time of cancellation and corresponds to the following percentage of the agreed participant fee. The Company may charge a lump sum as follows:
up to 90 days before the start: 10% of the cruise price, but at least EUR 35,-.
89 to 45 days before departure: 20 % of the cruise price
44 to 30 days before departure: 40 % of the cruise price
29 to 15 days before departure: 60 % of the cruise price
From 14 days before the start and no-show: 80 % of the cruise price
The participant is always free to prove that the damage did not occur or did not occur in the amount calculated by the company.
(2) The company is entitled to withdraw before the start of the respective course or sea cruise if its execution is impossible or endangered due to circumstances that were not foreseeable at the time the contract was concluded: Such circumstances are in particular: Failure to reach the planned number of participants, lack of operational readiness of the planned vessel or a suitable replacement vessel, war, civil unrest, strike, sovereign order, epidemics, natural disasters or similar serious events. In the event of withdrawal by the Company for any of the above reasons, the participant will be refunded the payment made. Further claims against the company, for whatever legal reason, are excluded.
(3) If the participant reboots the registration, he must pay the company a flat-rate rebooking fee of EUR 35. This only applies to rebooking up to 30 days before the start of the cruise. These must be notified in writing. As of 29 days before the start of the cruise, rebooking is no longer possible due to lump-sum payment. In this case the same conditions apply as for cancellation.
- 4 Final cleaning, insurance and reference
- (1) By signing the registration form, the participant undertakes to comply with the instructions of the skipper.
(2) Should it come to the circumstance that e.g. the safety instructions of the watch skipper are NOT followed, it can come after a written warning in the log book to a reference from board. In this case, the remaining berth money is forfeited to the organiser, as the latter cannot reoccupy the berth at such short notice. It is expressly agreed that the organiser shall not be liable for any additional costs such as accommodation, transport, rebooking fees, meals, compensation, loss compensation, etc..
(3) The company recommends that the participant takes out liability and travel health insurance for the respective travel area in his own interest.
It is also recommended that the participant takes out an object insurance valid in the travel area. Personal belongings of the participant are not insured against fire, theft, loss, damage etc. on the MARLIN.
(4) The ship of the respective sailing trip will be thoroughly cleaned by the participants on the last day of the trip. This includes berths, cabins, showers, bathrooms, toilets and washbasins. In the kitchen the stove and the workaround must be degreased. Wipe the fridge and freezer (if empty). The floor of the entire vessel must be swept and wiped wet. The deck shall be cleaned.
The cleaning can be done by the company. However, all participants will then bear the flat-rate cleaning costs of EUR 150.00 in equal shares.
- 5 Liability
(1) Damage to the ship or its equipment for which a participant is liable under civil law shall be borne by the participant only to the extent that it is not covered by the yacht’s hull or liability insurance.
(2) Otherwise, the Company shall only be liable for damage other than personal injury in cases of intent or gross negligence, liability for warranted characteristics and liability for the breach of material contractual obligations. In the event of a solely negligent breach of material contractual obligations, the Company’s liability shall be limited to contractually typical and foreseeable damages, which shall not be bodily injury, and in any case to three times the amount of the cruise fee, unless they are based on intent or gross negligence on the part of the Company or its employees.
(3) The limitation period for the claims of the traveller from §§ 651c to 651f BGB is one year and begins with the day on which the trip should end according to the contract.
(4) The journey to and from the respective sailing trip is the responsibility of the participant.
- 6 Choice of law
All legal relationships between companies and participants shall be governed by German law to the exclusion of the application of the UN Convention on Contracts for the International Sale of Goods.
- 7 Place of jurisdiction
The place of jurisdiction for fully qualified merchants and for persons who do not have a general place of jurisdiction in Germany and for persons who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is filed shall be the registered office of the company in Flensburg.
- 8 Data protection
The participant data will be stored by the company in compliance with the requirements of the Data Protection Act.
- 9 Miscellaneous
Should individual components of these contractual conditions be ineffective, this shall not affect the effectiveness of other clauses of these contractual conditions. In this case, the ineffective clause shall be replaced by the statutory provision.