General terms and conditions (GTC) PDF

General

A sailing trip is a sporting affair. On board, decisions are made together whenever possible and in the context of good fellowship. You are a crew member and not a passenger. The assistance customary on yachts is expected. However, it goes without saying that in cases of doubt, but especially in matters of safety and seamanship, the skipper/skipper must retain the final decision, which is binding for the crew. The skipper's seamanship rights and duties take precedence - irrespective of this agreement. The Skipper shall conduct an appropriate safety and crew briefing for all participants. It is in the interest of crew and yacht safety that appropriate instructions are followed. The Participant is aware that he/she is a crew member on a sailing yacht and that this places certain demands on the health and behaviour of every cruise guest on board. Participants must be in good health and able to swim for at least 15 minutes without interruption.

Contractual component/ travel price

The subject of the contract is a sailing trip accompanied by a professional skipper. The sailing trip requires the active participation of all trip participants, especially when practising active sailing. Unless otherwise stated in the advertisement, the following costs are not included in the price of a sailing trip: Arrival and departure, transfers to and from the ship, catering, mooring fees during the cruise, fuel costs, cleaning costs and embarkation/disembarkation costs, visitor's tax as well as other eligible costs incurred during the cruise such as national park fees, etc.... Furthermore, these are also any costs in the event of damage, insofar as no insurance covers this or damage was not caused intentionally by a participant. These costs incurred during the trip will be covered by a board fund set up at the start of the trip. The participants shall jointly bear equal shares of the on-board cash box. At the end of the journey, any balance will be paid out to the participants.

Terms of payment

Participation in a sailing trip is only possible after prior payment of the entire trip. Unless otherwise stated, a deposit of 50%, but at least 150,- €, is to be paid upon registration. The remaining amount is due four weeks before the start of the cruise at the latest. If the application for participation is accepted by YOLO Yachting and not rejected within eight days of receipt, the contract described in more detail overleaf will come into effect. Further details on the payment modalities can be found on the invoice.

Withdrawal/ Cancellation

If a participant withdraws from the cruise, YOLO Yachting must be informed immediately in text form. If the participant provides a substitute or if YOLO Yachting succeeds in finding a substitute, all payments made up to that point will be refunded - minus an administration fee of 50,-€ and minus any additional costs incurred - as soon as the substitute has paid the full cruise price. YOLO Yachting has the right to refuse a substitute person if this person does not meet the requirements for participation in the cruise. If no substitute person is found, the following cancellation fees apply:

• Cancellation up to 90 days before the start of the cruise: flat rate 150,- €
• Cancellation up to 60 days before the start of the cruise: 50% of the cruise price (min. 150,- €).
• Cancellation up to 30 days before the start of the cruise: 80% of the cruise price (min. 150,- €).
• Cancellation less than 30 days before the start of the cruise: 100% of the cruise price.

This also applies to bookings made within these cancellation periods. In the event of a cancellation, YOLO Yachting grants all participants the right to prove the actual cancellation loss. Travel cancellation insurance and foreign health (supplementary) insurance is strongly recommended!

Special right of withdrawal

If the sailing yacht cannot be made available on time for the planned start of the cruise, the participant has the right to cancel the contract after 36 hours (for one-week cruises) or 48 hours (for two-week or longer cruises) and to demand the return of the cruise price already paid. The 36/48 hour period is calculated from 6.00 p.m. on the first day of the cruise, which is also the day of arrival. In the event of an overstay of up to 36 hours in the case of one-week sailing trips or 48 hours in the case of sailing trips of two or more weeks, caused by accident, failure or damage to an essential on-board facility, no claims for compensation shall arise on the part of the participants. A further period of overstay entitles the participant to a pro rata refund of the cruise price paid. If a total of more than 48 hours is lost on a one-week sailing trip or 72 hours on a sailing trip of two or more weeks due to damage etc., the participant is entitled to a pro rata refund. YOLO Yachting has the right to provide a replacement yacht if necessary.

Right of the tour operator

YOLO Yachting reserves the right to cancel a sailing trip - with full refund of the price paid - up to eight days before the start of the trip if the minimum number of four participants does not materialise or does not result from cancellations. Furthermore, YOLO Yachting can cancel a sailing trip until the start of the trip if this minimum number of participants does not materialise due to cancellations at short notice in the period between eight days and the start of the trip. Experience has shown that the probability of a trip cancellation for this reason is extremely low.

Liability

The respective yacht is covered by hull and liability insurance. Negligent and wilful destruction must be compensated for by the party causing the damage. YOLO Yachting and the respective skipper are not liable for lost or damaged objects or valuables of cruise participants on board. It is recommended to take out appropriate insurance. The liability of YOLO Yachting for damages that are not bodily injuries is limited to the amount of the cruise price, unless the damage is caused by gross negligence or intent on the part of YOLO Yachting. It is also limited to this amount if YOLO Yachting is solely responsible for a damage due to the fault of a service provider. YOLO Yachting is not liable for interruption of the journey or impairment of the journey, if this is caused by extremely bad weather conditions, force majeure, such as revolution, strike, political unrest, or by interventions of higher authorities, such as confiscation etc.. Any liability on the part of YOLO Yachting for the execution of the arrival and departure of the participant to the place of departure or from the place of arrival of the sailing trip is excluded. Arrival and departure of the participant are not subject of this contract. Exclusion of liability: Each participant sails at his/her own risk and waives all claims for compensation for personal injury and property damage against the skipper, the other participants and the owner, insofar as the latter is a participant, if the damage was caused by slight negligence. The exclusion of liability does not apply if the damage is covered by a liability insurance or was caused intentionally.

Tour itinerary

YOLO Yachting or the skipper will try to adhere to the proposed sailing routes as far as the weather and the crew's ability to cope with the load allow this and the crew also wishes to do so. Deviations from the itinerary will be mutually agreed and do not justify a claim for compensation - especially in the case of calm, storm or the inability of the crew to work under pressure - as such influences are unavoidable on sailing trips. If the planned itinerary cannot be adhered to for the above-mentioned reasons, YOLO Yachting or the skipper will determine the new or further itinerary, if necessary, taking into account the interests of the trip participants. YOLO Yachting will make every effort to ensure that the final destination of the itinerary is reached. The notes in the individual itineraries as well as the itinerary description become part of the contract.

On sailing trips, departure and arrival times may change if adverse weather conditions or other unforeseen events have caused a delay on the previous trip. The cruise itself may also be extended by such events in such a way that the arrival date is delayed. Such delays due to weather conditions or other unforeseeable events are sometimes unavoidable on sailing trips and do not give rise to any claim for compensation on the part of the participant, unless there is demonstrable fault on the part of YOLO Yachting.

Risks and obligations

By booking, the participant acknowledges that he/she is aware that despite all safety measures on the part of YOLO Yachting or the skipper, a sailing trip by its very nature involves a residual risk. Participation in this sailing trip and the associated actions is at the participant's own risk. He/she hereby declares to be fully responsible for him/herself (and those entrusted to him/her, if any) and to take the necessary measures for personal safety. This includes, among other things, the wearing of life jackets and lifebelts. In addition, each participant undertakes to immediately follow the instructions of the skipper necessary for the navigation of the boat and to inform the skipper immediately of any events that could endanger the safety of persons, property or the boat..

Deadlines

All complaints must be made in writing to YOLO Yachting no later than one month after the scheduled end of the cruise.

Validity of the agreement

Any deviations from or amendments to this Agreement must be made in writing. Should parts of this agreement be or become invalid or unenforceable, this shall not affect the validity of the other parts of this agreement nor the validity of the rest of this agreement. The same applies if it turns out that the agreement contains a loophole. In place of the invalid/unenforceable part or in order to fill the gap, this agreement shall be interpreted in such a way that it comes as close as possible to the intended purpose. In such a case, the parties shall endeavour to reach an agreement that comes as close as possible to the purpose of the invalid provision. Disputes shall first be attempted to be settled amicably, but shall otherwise be judged according to German law.

In case of doubt, the German version is binding.

Stand: 11/2017