Terms and Conditions for Segelreise.org
1. Formation of the Contract
1.1
By submitting a booking, the customer makes a binding offer to the sailing trip provider (hereinafter referred to as the "Provider") to enter into a travel contract.
1.2
Bookings may be made in writing, verbally, by telephone, or electronically (e-mail or internet).
1.3
The contract is concluded upon acceptance by the Provider. Acceptance is effected by means of a confirmation, which does not require any specific form.
1.4
If the contents of the confirmation differ from those of the booking request, this shall constitute a new offer by the Provider, which shall remain binding for a period of ten (10) days. The contract shall be concluded on the basis of this new offer if the customer accepts it within this period.
2. Payment
2.1
Upon conclusion of the contract and receipt of the confirmation, a deposit amounting to 50% of the total travel price shall be due. The remaining balance shall be payable 45 days prior to the commencement of the trip, unless a different payment deadline is specified in the contract.
2.2
For short-notice bookings (less than 45 days before the start of the trip), the full travel price shall be due immediately.
2.3
If the customer fails to make the deposit and/or final payment in accordance with the agreed due dates, the Provider shall be entitled, after issuing a reminder and setting a reasonable grace period, to withdraw from the travel contract and charge the customer cancellation fees in accordance with Section 5.
3. Services
3.1
The scope of the contractual services shall be determined by the Provider's service description and the corresponding information contained in the travel confirmation.
3.2
Any ancillary agreements that alter the scope of the contractual services shall require the Provider's express confirmation.
3.3
Food and beverages provided on board the yacht are not included in the travel price unless expressly stated otherwise.
3.4
Harbor fees, fuel costs, and final cleaning charges are not included in the travel price unless expressly stated otherwise.
4. Changes to Services and Prices
4.1
Changes or deviations from individual travel services agreed upon in the travel contract that become necessary after the conclusion of the contract and were not brought about by the Provider in bad faith shall be permitted only insofar as such changes or deviations are not substantial and do not adversely affect the overall nature of the booked trip.
4.2
The Provider reserves the right to amend the published and confirmed prices in the event of increases in transportation costs, charges for certain services such as port or airport fees, or changes in exchange rates applicable to the respective trip.
4.3
A price increase shall only be permissible if more than four (4) months elapse between the conclusion of the contract and the agreed travel date, and the circumstances leading to the increase had neither occurred nor were foreseeable by the Provider at the time the contract was concluded.
4.4
Price increases within the last twenty (20) days prior to departure shall not be permitted.
4.5
If the travel price is increased by more than 5%, the customer shall be entitled to withdraw from the contract or, alternatively, request participation in an equivalent trip, provided that the Provider is able to offer such a trip at no additional cost.
5. Cancellation by the Customer; Rebooking
5.1
The customer may cancel the trip at any time prior to the commencement of the trip. The date on which the cancellation notice is received by the Provider shall be decisive. Customers are advised to submit cancellations in writing.
5.2
If the customer withdraws from the travel contract or fails to commence the trip, the Provider may demand compensation for travel arrangements already made and expenses incurred. In calculating such compensation, normally saved expenses and any alternative use of the travel services shall be taken into account.
5.3
The Provider may calculate compensation as a lump sum based on the following schedule, depending on the time remaining until the agreed start of the trip:
- Up to 365 days before departure: 0% of the charter price (deposit will be refunded)
- 364–180 days before departure: 30% of the charter price
- 179–90 days before departure: 50% of the charter price
- 90–15 days before departure: 75% of the charter price
- 14 days or less before departure: 100% of the charter price
5.4
The customer shall remain entitled to prove that the Provider incurred no damage or significantly less damage than the lump-sum compensation claimed.
5.5
The customer shall have no entitlement, after conclusion of the contract, to changes regarding the travel date, destination, place of departure, accommodation, or mode of transport (rebooking). If a rebooking is nevertheless possible and carried out at the customer's request, the Provider may charge a rebooking fee of EUR 50 per rebooking.
6. Cancellation and Termination by the Provider
6.1
The Provider may terminate the travel contract without notice if the customer persistently disrupts the performance of the trip despite having been warned, or if the customer acts in such a manner contrary to the contract that immediate termination is justified. In such cases, the Provider shall retain its entitlement to the travel price, less the value of any expenses saved and any benefits derived from alternative use of the unused services, including amounts reimbursed by service providers.
6.2
The Provider may withdraw from the travel contract if the minimum number of participants specified in the travel description is not reached. The minimum number of participants and the latest date on which the Provider may withdraw shall be stated in the travel confirmation. The Provider shall inform the customer without undue delay and refund all payments already made without delay.
7. Liability of the Provider
7.1
The Provider shall be liable, exercising the duty of care of a prudent businessperson, for:
- The careful preparation of the trip;
- The diligent selection and supervision of service providers;
- The accuracy of service descriptions; and
- The proper provision of the contractually agreed travel services.
7.2
The contractual liability of the Provider for damages other than bodily injury shall be limited to three times the travel price, provided that the damage was neither caused intentionally nor through gross negligence, or provided that the Provider is liable solely due to the fault of a service provider.
7.3
Where international conventions or statutory provisions based thereon apply to services provided by a service provider and limit or exclude liability under certain conditions, the Provider may also invoke such limitations or exclusions vis-à-vis the customer.
8. Customer's Duty to Cooperate
8.1
The customer shall be obliged, within the framework of applicable law, to cooperate in remedying any disruptions to the services and to minimize or avoid any damages.
8.2
In particular, the customer shall immediately notify the local tour representative of any complaints or defects. The representative is authorized to take remedial action where possible. If the customer culpably fails to report a defect, any claim for a reduction in price shall be excluded.
9. Sailing Skills and Safety Regulations
9.1
Each participant must be able to swim and should possess sufficient sailing experience unless expressly stated otherwise.
9.2
The customer undertakes to follow the instructions of the skipper, particularly with regard to safety regulations and rules of conduct on board.
9.3
The wearing of a life jacket is mandatory during certain maneuvers or in adverse weather conditions whenever instructed by the skipper.
9.4
The skipper shall be entitled to alter the itinerary due to weather conditions or other safety concerns.
10. Insurance
10.1
The Provider recommends that customers obtain travel cancellation insurance, trip interruption insurance, and international health insurance including repatriation coverage.
10.2
The yacht is covered by liability and hull insurance arranged by the Provider. No liability shall be assumed for personal belongings of participants or for their loss or damage.
11. Passport, Visa, and Health Requirements
11.1
The Provider shall inform customers about general passport and visa requirements for the destination country, including approximate timeframes for obtaining visas, as well as health-related formalities.
11.2
The customer shall be solely responsible for complying with all regulations relevant to the execution of the trip. Any disadvantages resulting from non-compliance, including cancellation costs, shall be borne by the customer, except where such disadvantages result from culpable misinformation or failure to provide information by the Provider.
12. Data Protection
12.1
Personal data provided by the customer to the Provider shall be processed and used electronically insofar as this is necessary for the performance of the contract.
12.2
The Provider shall collect, process, and use personal data in compliance with the provisions of the GDPR.
13. Final Provisions
13.1
Should any individual provision of the travel contract be or become invalid, the validity of the remaining provisions shall remain unaffected.
13.2
The contractual relationship between the customer and the Provider shall be governed exclusively by the laws of the Federal Republic of Germany. This shall also apply to the entire legal relationship.
13.3
Insofar as German law is not applicable to claims brought by customers against the Provider abroad with regard to the grounds for liability, German law shall nevertheless apply exclusively to the legal consequences, in particular with regard to the nature, scope, and amount of the customer's claims.
13.4
The customer may bring legal proceedings against the Provider only at the Provider's registered place of business.
13.5
For legal actions brought by the Provider against the customer, the customer's place of residence shall be decisive. For actions against merchants, legal entities under public or private law, or persons whose residence or habitual abode is abroad or unknown at the time proceedings are initiated, the Provider's registered place of business shall be agreed as the place of jurisdiction.
13.6
The foregoing provisions shall not apply where mandatory provisions of the EU Member State of which the customer is a national are more favorable to the customer and cannot be derogated from.
Version dated: January 1, 2025
Segelreise.org – Christopher Daniell
Große Gildewart 13
49074 Osnabrück
Germany
Phone: +49 176 63115625
E-mail: segeln@christoph-daniell.de
VAT ID No.: DE370549013