Terms and conditions Sailing Nations UG
Should there be any doubt regarding the translated English version, the German version takes precedence over any translated version.
This document governs your contract relationship with the Sailing Nations UG (limited), Wartaweil 16, 82211 Herrsching, Munich HRB 220 685, hereinafter called SN (we, our, our). Please read the following general terms and booking conditions carefully and completely before you make a booking. Passages with high relevance are underlined.
By using our services and taking advantage of these, you expressly agree to these general terms and booking conditions. If you do not accept these terms and agreements, you are prohibited from the use of all our services, including the use of our website and the services offered there.
The SN is entitled to fully change the subsequently described conditions and agreements whenever such changes are necessary. This may be necessary in case of a change in the law. The changes will take effect once the revised version is published on our website.
The current and valid version of this document can be found on the website of SN under www.sailingnations.com/de/agbs. Changes to these terms will be announced on the above website. The latest contract version of these terms and agreements applies.
2. Financial security
Your reservation is valid in accordance with the Directive 90/314 / EEC of the European Union of 13th June 1990 on package travels, not a package tour. We can therefore not give you a guarantee that your travel price stays the same. Our aim is to offer the best conditions for a memorable experience. Therefore, we maintain voluntary insolvency insurance with R+V Versicherung Raiffeisen Platz 1, 65189 Wiesbaden.
3. Making a booking
To make a booking you must complete the booking form on our website. With the completion of the booking form you agree to the following explicitly:
All “terms of reference” on our web pages are to be understood as an invitation to make an offer (invitatio ad referendum).
By completing and submitting the booking form an offer to conclude a contract will be sent to SN.
SN will contact you as soon as possible to:
– confirm the availability of your reservation
– to inform you about the final price of the booked services
– to name the due date for the payment of the deposit and
– to send a detailed payment plan.
SN reserves the right to all bookings within a period of 24 hours (or one working day, if the booking form has been sent on the weekend) from the receipt of the completed booking form (at SN) to cancel if the booked service, for whatever reason, can not be accepted.
In case of cancellation by the previous paragraph SN will not save you from costs for other travel arrangements (particularly air travel costs) in connection with your booking at SN, unless you have made these travel arrangements before the above mentioned deadline. SN therefore explicitly states that travel arrangements in connection with the booked service should be made only after the above confirmation of the corresponding booking by SN.
The provision of services to persons under the age of 22 years is not approved by SN if not agreed upon in advance in a written manner. A contract with the persons mentioned is expressly prohibited. This scheme can not be circumvented by a contract in favor of third parties or with effect for third parties.
We accept no liability for accounting errors, which already become clear in your confirmation e-mail unless you have reported these errors to us within 3 working days of the receipt of the confirmation e-mail. To this extent, we reserve the right to correct apparently inaccurate booking confirmations ourself.
After the confirmation of booking of a service we will ask you, in a separate email, to perform an “Online Check-In”. The “Online Check-In” is a compelling part of our booking process. If you do not use this service despite our request, we charge a separate fee of € 25.00 for a check-in at the place of service.
On arrival at the place of service, you have to identify yourself to our employees.
4. Prices and surcharges
For all of our prices, please refer to our service descriptions and the details on the booking confirmation. Until the final confirmation of your booking we reserve the right to change the total price of your services. Any such price change is communicated to you without delay. We reserve the right to correct cost errors subsequently.
The cost of food for the skipper and / or the Pursors are to be paid jointly by all persons (crew) on board. The costs shall be shared equally among the entire team. So when food costs are determined at €50.00 per week and the crew consists of 10 people, each guest pays €5.00 per week in addition to the meals of the crew. The team is obliged to supply the skipper and / or the Pursor with at least two meals a day at reasonable times.
In case of a subsequent price increase of up to 2% of the original tour price this is compensated for by means of acquisition by us. Should a subsequent price change of more than 2% but less than 10% of the original holiday price occur, the difference is payable by you. In case of a subsequent price increase of more than 10% of the original tour price the following options apply:
-You are reclassified to another, similar possible travel if we can offer one. All differences will be refunded if the new service is of a lesser value than the one booked originally.
-You cancel the contract and receive all payments refunded.
You have to pay the whole sum payable according to the booking confirmation to SN. This includes the cost of additional services added booked from third-parties Hereby credit card fees are as follows: charges incurred for use of VISA or MasterCard comprise 2% of the total amount. To use an American Express card the fee is 2.5% of the total amount.
If necessary a payment plan for your booked service is transmitted. All information on the payment to be made, refer to the payment and terms of reference of the offer. If no payment plan is submitted the following applies:
Immediately after the confirmation of booking a proportionate prepayment of 40% of the total service becomes due. The difference between the provided advance payment and the total price of the service is to be paid no later than 60 days before commencement.
If you are in default with a due installment, the SN is entitled to cancel your reservation without obligation to refund the payments already made, or to collect the overdue funds from your designated account or credit card.
The first installment must be paid within 24 hours of the receipt of the invoice. Unless this first installment to your request is not timely received the booking of your services is automatically deleted and the services are once again bookable on our website.
Once the first part payment has been made within 24 hours after confirmation, the contract between you and the SN is established.
5. Changing or canceling your booking
1. Amendments by SN
Our services are always carefully planned in advance. But it may happen that small aspects of your booking are to change at short notice in order to best implement your booked services. We will inform you of such changes.
If major changes of the booked services will be required, you will of course be informed as soon as possible about it. As “serious” considered changes on the place of service or the time. In this case, the following options apply:
-Declaration of agreement regarding the amendments notified.
Withdrawal from the contract after reimbursement of all the amounts already paid, minus a cancellation fee of 10% of the total amount.
-New selection of our entire product offers taking into account the service and payment features.
In case of a serious change of the booked services we have to be informed within a period of 3 days of your decision in accordance with the above-mentioned options. If you do not contact us within this time frame, we irrevocably assume that you agree to the amendments we have notified you about.
- Cancellation by SN
The SN is entitled to cancel your reservation at any time without giving reasons. In case of a cancellation after this paragraph you will be refunded all costs. Alternatively you have the option to choose another booking of the same type and quality. If you accept an offer for a lower grade booking, so you are naturally credited the difference amounts.
The SN is entitled to cancel your reservation without any refunding, if you breach any of your contractual obligations from this document.
The SN is entitled to cancel your booking without any refund, if circumstances beyond the control of the SN will make the fulfillment of the booked services impossible. Such circumstances may be dangerous weather conditions, fires, natural disasters, war or acts of terrorism. This list includes only control samples and does not claim to be exhaustive.
- Cancellation by you
If you decide to cancel the bookings, you have to inform us as soon as possible of your decision. Your booking will not be canceled as long as SN has not received your cancellation in writing.
- Reimbursement arrangements
Customer satisfaction is very important to us. Therefore, we always strive to address your concerns individually and treat them to your complete satisfaction. We will still point out the subsequent reimbursement arrangements:
If you cancel your booking with us up to 50 days before the contracted service period, we will refund all sums already paid minus a cancellation fee of € 50.00.
In case of late cancellations no reimbursement takes place. The total amount is less expenses incurred.
In the case of the preceding paragraph, however, it is possible to pass on the booked services to a third party in accordance with the requirements and arrangements of this document and prior to explicit approval by SN. Without this explicit permission the service is limited to the Party only and the provision of services to third parties is hereby rejected.
6. The Yacht
Services by third parties
Providing the vessels contained in our terms of reference is performed by a third-party. In that regard, SN mediates only a charter contract between you and the third-party provider. Information on the specifications, dimensions, plant and equipment, as well as information on the third-party providers (hereinafter agencies) can be found on our website. Despite careful arrangements with the payable agencies SN can not guarantee that you have booked a yacht which meets the exact information on our website, as this information is provided by the respective payable agency. With regard to all differences between the booked yacht and the yacht actually provided please call directly and exclusively to the payable agency. Information on each company can be found in the booking confirmation.
The photos of the respective boats provided on our website should only give you a general idea of the nature of the booked yacht. It may therefore happen that the yacht provided to you by the payable agency is not exactly as the photos on our website. Since these images can be provided by each payable agency SN assume no guarantee that it actually is the yacht in the pictures, which is brought to you by the payable agency.
If you believe that individual photos provided on our website are of a misleading nature, we ask you to inform us immediately about it so that we can take appropriate countermeasures.
If you intend to make a claim for compensation for misleading photos submitted, you hereby draw the SN from all claims and acknowledge that only the respective payable agency of active- or passive is the legitimate claim opponent.
Terms of the payable agencies
Each of the agencies involved provides their own terms and conditions. If you make a booking via SN, you declare irrevocably that you have read, understood and accepted the respective current terms of payable agencies or companies.
Some of the payable agencies are limiting or excluding liability in their terms and conditions. These respective liability limitations end also our liability to you or limit these in the same extent where this is permitted by law.
If you have difficulties in finding or understanding the respective conditions of the parties, please call us immediately. We will re-compile all the necessary information for you and send it to you.
When taking over the yacht from the payable agency you will be asked to pay a proportionate deposit for the chartered yacht. By this deposit additional subsequent cleaning and replacement are to be covered in case of damage or loss of the yacht. After the yacht was handed back by you without a complaint of the agency, this sum will be refunded, minus any claims paid. As a rule, these payments may be made by credit card, however, some companies only accept cash.
Payment and refund of deposit amounts are based solely on liabilities between you and each payable agency. SN accepts no liability claims for the repayment or loss of these amounts.
For the amount of the share deposit, please refer to the booking confirmation.
7. Transport to the port
Your booking does not include transport services to the place of performance or from this place of performance. The place of performance is the place where the yacht is taken back by the payable agency.
SN does not monitor the latest developments in the travel and transport industry in any way. Should your transfer to the place of performance be delayed or fail, SN must be informed immediately. There will be no claim for compensation for a missed reservation due to late arrival or precipitated transport.
SN is always concerned with achieving the highest quality standards. However, your arrival is not within the power range of the SN. Any service or quality losses on this site can not be attributed to SN.
Regardless of which option you choose for arrival, delays or cancellations can happen for a variety of reasons. With your reservation you acknowledge that delays, cancellations, accidents, traffic congestion and the like with all the utmost care of the parties sometimes can not be avoided. SN can therefore assume no liability for damages, which are derived from such events.
8. Passport and Visa
We expressly point out that the procurement of valid and sufficient travel documents such as passports, vaccination certificates, visa, etc. are the sole responsibility of the traveler. SN can not accept any liability for damages, which are derived from faulty travel documents.
9. Travel insurance
SN does not provide travel insurance or similar services. With your reservation you declare expressly against SN that you have sufficient and valid travel insurance, which covers the services booked. We expressly point out that we oppose the provision of services to uninsured individuals. In case of a lack of insurance, we assume no liability for any resulting damage.
You shall ensure that your personal health insurance covers the particular risks associated with the booked service and also has validity for claims abroad. Sailing is considered by many health insurances as a risk sport and evaluated separately. Should you be unaware of the scope and coverage of your health insurance policies, we strongly recommend an appropriate consultation with your insurance company prior to the booking. We expressly point out that we oppose the provision of services to uninsured individuals. In case of a lack of insurance, we assume no liability for any resulting damage.
SN does not accept liability for participants traveling without adequate insurance coverage.
10. Your behavior during the trip
If your behavior is a
– threat to you or others,
– causing an injury to life or limb,
– violating any local or international laws or
– evokes public unrest or annoys passengers continuously
or is likely to result in the above points, SN can cancel your reservation immediately and without any refund claims.
This can, among other things, cause your skipper meanwhile to terminate the work and you have to leave the agreed yacht at the next available port. With a relevant decision of the skipper you expressly agree.
External speaker systems are not allowed out of consideration for other travelers. Music can not be played after 20:00 in ports.
11. Images and video
With your reservation you allow SN expressly to use photo and video material from the trip, to which your booking relates, for marketing and promotional purposes. You allow SN to collect and use these recordings. This for every legitimate purpose which is related to the core business of SN.
The finished pictures can be changed, combined or otherwise processed.
All rights regarding the manufactured image and sound material are expressly and exclusively with SN. The rights to your own image, enter insofar irrevocably to SN.
If you do not agree with the above regulations and do not want to appear on the aforementioned media of SN, you have the possibility to indicate this by e-mail over the SN. We ask such entry at least two weeks prior to travel and stating your name, address and telephone accessibility and deposit quoting the booked trip.
12. Liability, conditions of carriage, limitations
We are committed to providing the services included in the booking by expending reasonable skill and care. If you collect pertinent claims, you must be able to demonstrate that a reasonable skill and care has lacked. The safety, health and quality standards of some means of transport and places that are included in the booking can vary. The provider of the services and equipment provided in your booking must comply with local standards, where such exist. We expressly point out that, in particular safety, hygiene and quality standards may differ from those of your usual standards.
Our liability is limited to a maximum of twice of your booking price provided, however this does not apply to liability for a willful or grossly negligent injury to life or limb. In all cases, our liability shall be limited to the relevant international agreements referred to or identical to this, as listed below. We can appeal to any damages limitation in this or other relevant agreements. For a copy of the international agreements, please contact our office.
We are not liable if the reason for not providing some or all services or the reason for a death or injury is not with us, but either you or someone who is not in connection with your service booked, and because it is unpredictable or unavoidable, or because it is with our employees, agents, subcontractors or providers and their staff , while those act outside of their professional Authority Act, or because it based on information, which is not from our sources and is from, for instance independent third-party websites or because it is based on unusual or unforeseeable circumstances beyond our control, whose consequences could not have been avoided even under expenditure of sufficient care, or based on an incident that neither we nor our agent or provider could have predicted or prevented , or in connection with consequential damage, which has no direct connection with the contract with us.
If an international treaty applies to the services or facilities provided in your booking arranged by us or provided by us, or controls these and you make a claim of any kind against us because of death, injury, loss or other damage, arising from the provision of services our liability shall be limited to the relevant international agreement, which we must pay you , respectively is identical to this (in terms of liability in any case, the date of a payment of damages and / or the amount of the compensation claimin and the type and amount of damage are included). Possible applicable international agreements in terms of voyages involve the Athens Convention of 1974. In order to remove any doubts: This means that we can fully rely on any damage limitation in this or on any other international agreements, that apply to your booked service. Except as described above and elsewhere in the present business and booking terms, we are legally not liable for any loss or damage to you in any way.
When acquiring additional activities that are not included in your pre-booked services, the contract is for the provision of activities between you and the respective provider. Participation in these activities is up to your sole discretion and at your own risk. In case of complaints or problems with such locally acquired activities send your claim directly to the appropriate provider and not to us.
We are active in areas, for instance, where the standards of accommodation, transport, security, hygiene, medical and other infrastructural facilities may be lower than those which would normally be expected. Any travel plans or other information documents we provide for your booking, are intended as a guide for what we want to achieve, but not as a contractual obligation on our part.
In the event that you need to be medicated during your booked service, it should be noted that the nearest medical facility on a sea route or another route which can not be mastered with any other vehicles can be several hours or days away sometimes. The medical facility in which you may be treated, does not necessarily have the same standards you would expect from health care facilities in your home country. The health care team staff does not necessarily speak fluent German or English and is possibly not as well trained as medical personnel in your home country. You also acknowledge that an emergency evacuation from your whereabouts of the water vehicle is not possible or only possible with a delay, and that the medical equipment and supplies are limited on board. Our staff makes decisions due to their perception and evaluation of various aspects of the given situation. You agree to follow these decisions.
13. Management of complaints
SN aim for the highest quality standards in the selection of third-party vendors and partners. Should you be dissatisfied with our services or those of our partners, you are obliged (possible via telephone) to submit your suggestions without undue delay. We will immediately try to offer a – mutually acceptable – solution. We ask you to give us the possibility to respond to the claims and find a solution directly at the place of performance. In some cases, a remedy can be provided on the spot due to the efforts of our team. If you do not meet the above rules, this will affect your possible compensation claims.
14. Disabled customers – customers with special requirements
It is imperative that you inform us of any special needs or requirements for your reservation at first contact, so that we can make suitable arrangements under certain circumstances. SN can not assume any responsibility for damage or inconvenience resulting from the fact that you have ignored this request or have not informed us on time. If you have any questions about our services, please use the contact information on our website before a booking request .
SN does not allow the resale of booked services or other services of SN without prior written permission. If you suspect that your booking might have been purchased through resale, please let us know immediately.
17. Participation requirements
It is the highest aspiration of SN to offer you a memorable vacation. The homogeneity of the group is a decisive factor. We therefore limit our willingness to provide the service (in addition to those already named limitations) to people who have the necessary physical fitness for a sailing trip and are open and tolerant towards other people and cultures.
18. Special Offers
From time to time SN creates promotions with the help of various distribution channels such as the sending of coupons. These coupons or discount vouchers are limited and valid only for individual reservations (no group bookings). These benefits must be used no later than at the time of booking. A subsequent use after completing a booking is not possible. More detailed provisions are regulated by the benefit actions.
19. Prohibition of assignment
You are not authorized to transfer some or all of your rights or obligations under these rules to a third party by assignment or another transaction.
20. Applicable Law and Jurisdiction
For all contracts between you and the SN exclusively German law shall apply. The place of jurisdiction over any action against the SN is Munich.