General Travel Terms and Conditions of sailwithus for participation in a sailing trip

1. Scope of Application, Conclusion of Contract

1.1. These General Travel Terms and Conditions apply to all contracts for a sailing trip between sailwithus GmbH as the tour operator (“sailwithus” / “Organizer”) and the participating person (m/f/d, “Participant”), in which sailwithus combines two different travel services for the purpose of the same trip. They do not apply to the booking of an individual tourist service, such as an independent yacht charter, but only to persons participating in a sailing trip on a sailing vessel with a skipper appointed by sailwithus.

1.2. By registering for a sailing trip, the participating person (m/f/d, “Participant”) submits a binding offer to sailwithus GmbH, as the tour operator, to conclude a travel contract on the basis of the description of the respective sailing trip on the sailwithus website, www.sailwithus.com, and on the basis of these General Travel Terms and Conditions. Participants are recommended to submit their registration electronically using the sailwithus online booking form, which must be completed correctly. Minor participants may only be registered by their legal guardians as statutory representatives. The Participant is liable for the contractual obligations of any co-registered participating persons as for their own, provided that they have expressly and separately assumed this obligation.

1.3. The contract is concluded upon acceptance of the registration by the organizer and is provided to the Participant with the travel confirmation on a durable medium (e.g. as an attachment to an email) (in the case of Article 250 § 6 para. 1 sentence 2 EGBGB in paper form).

1.4. For all online bookings, the following applies to the conclusion of the contract: The customer is informed about the process of the online booking within the booking path on the sailwithus website. During the booking process, the customer can change, correct, or reset their entries at any time. A corresponding correction option is also available for resetting the entire online booking form, and its use is explained. By clicking through, the customer reaches a page where they can enter their details and subsequently select the method of payment. If the customer wishes to cancel the booking process completely, they may simply close the browser window. Otherwise, they can complete the booking registration. By clicking the button or checkbox “book with obligation to pay,” the customer submits a legally binding booking request, thereby incurring an obligation to pay. After this point, no changes can be made to the customer’s personal details or personal data. The customer must therefore ensure, before submitting the booking request, that all information, names, and details, such as the email address, (mobile) telephone number, or payment details, have been entered correctly. Upon receipt of the registration, the customer receives an acknowledgment of receipt in text form (e.g. by email), which does not yet constitute acceptance of the registration but merely confirms its receipt. The contract languages are specified, whereby only the German language is authoritative.

1.5 If the content of the travel confirmation deviates from the Participant’s registration, this constitutes a new offer, made in compliance with the pre-contractual information obligations, to which the organizer is bound for a period of 10 days. The contract is concluded on the basis and with the content of this new offer if the Participant declares acceptance or makes the deposit payment within the binding period.

1.6 No right of withdrawal for online bookings: The organizer points out that, pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), there is no right of withdrawal for package tours offered on the website; instead, only the statutory rights of withdrawal and termination apply. This means that, in the case of an online booking, the Participant cannot revoke the declaration of intent submitted; it is binding. Withdrawal from the travel contract is always possible (see clause 6.1). A right of withdrawal exists only if the contract for travel services pursuant to Section 651a BGB was concluded outside of business premises following oral negotiations, unless the oral negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer.

2. Payment Terms

2.1. After conclusion of the contract and receipt of the travel confirmation for participation in the sailing trip together with the security certificate, a deposit of 25% of the travel price is due and must be paid within 7 days from the invoice date. This deposit will be credited toward the total travel price. Premiums for any travel insurance arranged are due for payment together with the deposit. The remaining balance must be paid by the Participant without further request 28 days prior to departure and must have been received as a credit in the sailwithus account, provided it is certain that the sailing trip can no longer be canceled for the reason stated in clause 7.1.

2.2. If the Participant fails to make payments due on the travel price despite a reminder and the granting of a reasonable deadline for payment, sailwithus is entitled to withdraw from the contract and cancel the booking. In this case, the organizer may charge the Participant withdrawal costs in accordance with clause 6.1 below, provided that the Participant did not have a right to refuse payment.

3. Services, Start and End of the Sailing Trip, Training and Examination

3.1 The contractually agreed services of the sailing trip are derived from the description of the respective sailing trip on the website www.sailwithus.com at the time of booking by the Participant, in conjunction with the corresponding travel confirmation provided to the Participant. Travel agents are not authorized by sailwithus to provide information or make assurances that modify the content of the travel contract for the sailing trip agreed with the Participant, extend the services, or contradict the travel description.

3.2 The sailing trip begins each Saturday evening from 6:00 p.m. The sailing trip ends each Saturday morning at 9:00 a.m. On Saturdays from 9:00 a.m. to 6:00 p.m., the yacht is not available due to servicing, cleaning, maintenance, and any vessel, crew, and skipper changes. This also applies to multi-week sailing trips.

3.3 The training courses are conducted in accordance with the licensing regulations of the DSV e.V. The examinations are administered by examiners of the DSV e.V. and/or DMYV e.V. The same applies to examinations for the official Sport Coastal Skipper’s Certificate (SKS). No examinations or training courses are offered on ARC or transatlantic sailing trips.

4. Amendments to the Contract After Conclusion

4.1 The organizer reserves the right, after conclusion of the contract, to unilaterally amend contractual terms other than the travel price if the changes are insignificant (e.g. substitution of the departure and/or destination port for weather-related or safety reasons or for reasons of crew optimization, necessary changes to the route and schedule if required for sailing safety, or a change of yacht for reasons of crew optimization or technical reasons). The declaration of such changes may also be made by the responsible skipper appointed by sailwithus. The Participant will receive electronic notification of the amended services, for example by email, documenting the changes on a durable medium. Changes are only effective if declared prior to the start of the trip.

4.2 If, due to a circumstance arising after the conclusion of the contract, the organizer can only provide the trip with a significant change to one of the essential characteristics of the travel services (Article 250 § 3 No. 1 EGBGB) or only with a deviation from specific requirements of the Participant that have become part of the contract, the organizer may offer the Participant a corresponding change in services and require the Participant, within a deadline set by the organizer that must be reasonable, to (1) accept the offer of the change in services or (2) declare withdrawal from the contract. An offer for such a contractual amendment may not be made after the start of the trip. Upon expiry of the deadline, the offer for the contractual amendment shall be deemed accepted. In its offer, the organizer may alternatively also offer the Participant participation in a substitute sailing trip, about which the organizer must inform the Participant in accordance with Article 250 § 10 EGBGB.

5. Price, Price Changes After Conclusion of the Contract

5.1. The price of the sailing trip includes the services listed in the travel confirmation. Services settled via the onboard fund, such as daily provisions, are not included in the price; their scope depends in detail on the prior decision of the sailing group. Examination fees are not included in the travel price. Before the yacht’s first departure, the Participant must pay a per-person deductible toward the security deposit in cash to the skipper in the amount of €100.00 for monohulls and €200.00 for catamarans, SKS trips, and skipper training courses. This deductible serves to cover damage to the yacht that the Participant has (co-)caused in accordance with Section 823 (1) BGB. If counterclaims need to be reviewed, the portion of the deposit to be borne by the Participant (if applicable after deduction of damage amounts) will be refunded no later than 14 days after the end of the trip.

5.2. The organizer reserves the right to unilaterally increase the travel price stated in the booking confirmation after conclusion of the contract if the increase in the travel price results directly from an actual change occurring only after conclusion of the contract and unforeseeable at the time of contract conclusion due to (a) an increase in the cost of transporting passengers as a result of higher fuel or other energy costs, (b) an increase in taxes and other charges for the agreed travel services, such as tourist taxes, port or airport fees, or (c) a change in the exchange rates applicable to the relevant package tour. In these cases, the travel price will be adjusted to the extent that the increase in the factors listed in (a) to (c) affects the travel price per person. Should this occur, the organizer will promptly inform the Participant on a durable medium (e.g. by email), clearly and comprehensibly, of the price increase and its reasons, and will provide the calculation of the price increase. A price increase is only effective if it complies with the requirements stated herein and if the Participant is informed no later than 20 days prior to the start of the trip. If the factors listed in (a) to (c) have changed after conclusion of the contract and before the start of the trip and this results in lower costs for the organizer, the Participant may request reimbursement of the excess amount paid, from which the organizer may deduct actually incurred administrative expenses.

5.3. If the price increase reserved in clause 5.2 exceeds 8% of the travel price, the organizer may not implement it unilaterally but may offer the Participant a corresponding price increase and require the Participant, within a deadline set by the organizer that must be reasonable, to (1) accept the offer of the price increase or (2) declare withdrawal from the contract. Upon expiry of the deadline, the offer of the price increase shall be deemed accepted. In its offer of a price increase, the organizer may alternatively also offer the Participant participation in a substitute sailing trip, about which the organizer must inform the Participant in accordance with Article 250 § 10 EGBGB.

6. Withdrawal by the Participant, Rebookings, Substitute Participants

6.1. The Participant may withdraw from the contract at any time prior to the start of the trip. It is recommended to declare the withdrawal in text or written form. If the Participant withdraws, sailwithus may demand reasonable compensation, which is calculated on a flat-rate basis according to the period between the declaration of withdrawal and the start of the trip, the expected savings in expenses for the organizer, and the expected revenue from alternative use of the travel services, as a percentage of the travel price, as follows:
Up to the 30th day before departure: 20%,
from the 29th to the 22nd day before departure: 30%,
from the 21st to the 14th day before departure: 50%,
from the 13th to the 7th day before departure: 70%,
from the 6th day before departure
and in the event of non-commencement of the trip: 90% of the travel price.
The Participant is free to prove to the organizer that no damage was incurred or that the damage incurred was significantly lower than the respective flat-rate amounts.

6.2. The organizer reserves the right to demand a higher, specifically calculated compensation instead of the respective flat-rate amounts and will, in this case, prove that it has incurred significantly higher expenses than the applicable flat rate. The organizer will then quantify and substantiate the compensation claimed, taking into account saved expenses and any alternative use of the travel services.

6.3. There is no legal entitlement for the Participant to rebookings (e.g. changes regarding the travel date or the sailing trip) after conclusion of the contract. If a rebooking is possible, the organizer may charge a rebooking fee of €50.00 per rebooking process. Rebooking requests made later than 45 days before the start of the trip can, if their implementation is possible at all, only be carried out after withdrawal from the travel contract under the conditions set out in clause 6.1 and simultaneous new registration. The Participant may at any time prove that no damage or only a lower amount of damage than the stated flat rate was incurred as a result of the rebooking. The provision of clause 6.2 does not apply if the rebooking is required, for example, because the organizer did not provide the Participant with pre-contractual information in accordance with Article 250 §§ 1–3 EGBGB, or provided insufficient or incorrect information. In such a case, the rebooking shall be free of charge.

6.4 If the Participant is unable to commence the trip, they may, within a reasonable period before the start of the trip, declare on a durable medium (e.g. by email) that a third party will assume their rights and obligations under the travel contract in their place. The declaration shall in any case be deemed timely if it is received by the organizer no later than seven days before the start of the trip. The organizer may object to the substitution of the third party if that third party does not meet the contractual travel requirements. This includes, in particular, that the third party is of the same gender (m/f/d) as the Participant, in order to maintain the agreed cabin allocation. If a third party enters into the contract, both the third party and the Participant shall be jointly and severally liable to the organizer for the travel price and for any additional costs arising from the substitution. The organizer may demand reimbursement of additional costs only if and to the extent that such costs are reasonable and have actually been incurred. The organizer must provide the Participant with proof of the amount of additional costs incurred as a result of the substitution.

7. Withdrawal by the Organizer Due to Failure to Reach the Minimum Number of Participants

7.1. The organizer may withdraw from the contract if the minimum number of participants of five persons specified for the trip is not reached. The organizer must declare the withdrawal to the Participant no later than 28 days before the agreed start of the trip.

7.2. The organizer may also withdraw from the contract prior to the start of the trip if it is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances.

8. Liability of the Organizer, Limitation of Liability

The organizer’s contractual liability for damages that are not bodily injuries and are not caused culpably is limited per trip and per Participant to three times the travel price. The stated limitations of liability do not apply to claims arising under the Montreal Convention.

9. Obligations of the Participant, Notice of Defects, Remedy, Setting of a Deadline Prior to Termination by the Participant, Non-Utilization of Services

9.1. The Participant must report any defects that arise without delay to sailwithus at the address / telephone number / email address stated below and request remedial action within a reasonable period. If the organizer was unable to remedy the defect due to a culpable failure to provide notice in accordance with sentence 1, the Participant is not entitled to assert the rights set out in Section 651m BGB or to claim damages pursuant to Section 651n BGB.

9.2. If the Participant requests remedial action, the organizer must remedy the travel defect. The organizer may refuse remedial action only if it is impossible or would involve disproportionate costs, taking into account the extent of the travel defect and the value of the affected travel service. The organizer may provide remedial action by supplying an equivalent or higher-value substitute service. If the organizer may refuse to remedy the defect pursuant to sentence 2 and the defect affects a substantial part of the travel services, the organizer must offer remedial action by providing appropriate substitute services.

9.3. If a trip is significantly impaired by a defect, the Participant may terminate the contract. Termination is only permissible if the organizer has allowed a reasonable deadline set by the Participant to expire without providing remedial action. Setting a deadline is not required if the organizer refuses remedial action or if immediate remedial action is necessary. If the contract is terminated, the organizer retains the right to the agreed travel price for the travel services already provided and those still to be provided up to the termination of the trip.

9.4 The skipper is not authorized to acknowledge claims of the Participant with effect against the organizer.

9.5 In the event of defects, the Participant is obliged, within the scope of the statutory duty to mitigate damages, to cooperate in avoiding or minimizing damage.

9.6 If the Participant does not make use of individual travel services that the organizer has duly offered due to early return, illness, or for other reasons that are solely attributable to or the responsibility of the Participant, there is no entitlement to a pro rata refund of the travel price.

9.7 If the provision of services by sailwithus becomes impossible within the meaning of Section 275 BGB because the Participant is unfit to travel due to illness or disability, due to a lack of physical or psychological suitability, or for any other reason, the Participant’s entitlement to performance is excluded. In such cases, the Participant hereby agrees in advance to undergo an examination by a physician who will assess fitness to travel and, if applicable, determine unfitness to travel in a manner binding on both parties.

9.8 Each Participant is responsible for arriving at the departure location on time. This applies in particular to self-booked flights or self-arranged travel. At airports, sufficient time must be allowed for check-in, security checks, and any health-related tests. For international flights, the customer must arrive at the airport at least three hours before departure on the day of departure to allow sufficient time for check-in, any health authority tests, and security screening; when booking flights independently, the same transfer times must be taken into account. When booking the return flight, the Participant should allow sufficient time buffers of at least six hours between the end of the sailing trip and the return flight, depending on the departure location.

10. Termination Due to Contractual Misconduct by the Participant

10.1. sailwithus may terminate the contract with the Participant without observing a notice period if, despite a corresponding warning from sailwithus, the Participant persistently disrupts the trip, or if the Participant behaves in such a manner contrary to the contract that continuation of the contractual relationship until the agreed termination or the expiry of a notice period is unreasonable, or if the Participant otherwise seriously breaches the contract. This applies in particular in cases of identified drug use or excessive alcohol consumption by the Participant, or if the Participant fails to follow the skipper’s instructions in sailing, seamanship, or navigational matters, or otherwise, through their behavior, endangers or disrupts the conduct of the sailing trip or jeopardizes the physical integrity of other participants.

10.2. In such a case, sailwithus retains the right to the accommodation or travel price paid, less the value of any expenses saved and, where applicable, any refunds received from service providers or similar benefits obtained from alternative use of the unused services. Any additional costs for return transportation shall be borne by the disruptive participant.

11. Passport and Visa Requirements, Health Regulations

The organizer informs the Participant about the general passport and visa requirements of the destination country, including the approximate timeframes for obtaining visas, as well as health regulations (e.g. officially required vaccinations and certificates) that are necessary for travel and stay.

12. Data Protection and Rights of Objection of the Participant

sailwithus undertakes to process personal data lawfully, in good faith, and transparently, and in compliance with the applicable data protection regulations, in particular the German Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). In this regard, sailwithus refers to the applicable privacy policy available at the corresponding link, as well as to any separate statements that may be provided.

12.1 The organizer informs the Participant about the processing of their personal data in the privacy policy on the website and in the data protection notice. When processing personal data, the organizer complies with the provisions of the BDSG and the GDPR. Personal data are all data that relate to a person personally or make them identifiable (e.g. name, address, email address). These data are processed insofar as this is necessary for the appropriate handling of your inquiry, booking request, the implementation of pre-contractual measures, or for the performance of the travel contract. Data processing for the purposes mentioned is permitted pursuant to Article 6(1) sentence 1 lit. b GDPR. The data will not be disclosed to unauthorized third parties without the express consent of the Participant. The Participant has the right at any time to access their stored personal data, request information about them, have them changed, corrected, or deleted, request restriction of their processing, object to their processing, request data portability, or lodge a complaint with a supervisory authority regarding the processing (all rights under Articles 15 to 20 GDPR). The data will be deleted if they are no longer required for the performance of the contract or if their storage is unlawful under statutory provisions. If the Participant’s personal data are processed on the basis of legitimate interests pursuant to Article 6(1) sentence 1 lit. f GDPR, the Participant has the right, pursuant to Article 21 GDPR, to object to the processing of their personal data insofar as there are grounds arising from their particular situation. The Participant may exercise their right to object by sending an email to info@swuold.pixelriver.de or by contacting the organizer at the address stated below.

12.2 By sending a message to info@swuold.pixelriver.de, the Participant may also object at any time, free of charge, to the use or processing of their data for advertising, market research, opinion research, or marketing purposes.

13. Final Provisions

13.1. The travel contract between the Participant and the organizer shall be governed exclusively by German law. This also applies to the entire legal relationship. The invalidity of individual provisions of these General Travel Terms and Conditions shall not result in the invalidity of the entire travel contract. Insofar as the Participant is a merchant or a legal entity under private or public law, or a person who has their residence or habitual place of residence abroad, or whose residence or habitual place of residence is unknown at the time legal action is initiated, the place of jurisdiction shall be the registered office of the organizer.

13.2. The European Commission provides a platform for online dispute resolution (ODR) for the out-of-court settlement of consumer disputes arising from contracts concluded via electronic legal transactions, which the Participant can access at https://ec.europa.eu/consumers/odr. The organizer does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so. An internal complaints procedure does not exist.

Tour operator: sailwithus GmbH, Managing Director Carl Grubert, Gagernstr. 8, 60385 Frankfurt am Main, Phone +49 69 902 33 957; Email: info@swuold.pixelriver.de, VAT ID No. DE 325945612; Essential characteristics of the service: tour operator services; Tour operator liability insurance: AXA Colonia, Colonia-Allee 10–20, 51067 Cologne, Phone +49 800 3203205, Email: service@axa.de. Territorial scope of the insurance: worldwide. Scope of application: worldwide. German law applies to the travel contract. These General Travel Terms and Conditions are protected by copyright.

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