General Terms and Conditions

1. scope of application

1.1 These General Terms and Conditions (GTC) apply to all contracts, services and offers of Säil, hereinafter referred to as "Säil", to its customers, hereinafter referred to as "Participants".
1.2 Deviating or supplementary terms and conditions of the participant shall not become part of the contract unless Säil has expressly agreed to their validity in writing.

1.3 Registration for the event / conclusion of the contract for participation in an event

1.4 By registering for the event, the participant agrees to these GTC.

1.5 By registering, the participant offers Säil the conclusion of a contract for participation in an event.

1.6 The basis of the contract is the current information on the website (www.Säil.de) including the service description and prices contained therein as well as these General Terms and Conditions.

1.7 *The contract is concluded upon acceptance by Säil in the form of sending the booking confirmation by e-mail. If the content of the booking confirmation differs from the content of the registration, this shall constitute a rejection of the participant's offer in conjunction with a new offer by Säil. Säil shall be bound by this offer for a period of 10 days after sending this offer. The contract is concluded on the basis of the new offer if the participant declares acceptance or pays the deposit within the binding period.

*) If the participant books the event through another company, it is not necessary to make a new booking with Säil. In both cases, the contract with Säil is concluded when Säil sends the booking confirmation by e-mail.

2. benefits

2.1 The exact scope of the services will be specified in individual agreements. Säil and the responsible skipper employed by Säil reserve the right to make changes, in particular with regard to the harbour of departure and arrival, the route and the schedule of the event. These changes are necessary and result from the usual reasons that can occur in the context of yachting. They are not caused by Säil or the skipper in bad faith. In rare cases, a departure from a different starting harbour or an arrival at a different destination harbour may therefore occur at short notice. In such a case, Säil will inform the participant immediately, if possible before the start of the trip, about the changed services. The changed services will then replace the originally contractually agreed services.

2.2 Participation in the event includes accommodation in a double berth and the use of all facilities on board. Bed linen is also provided and the sailing yacht is cleaned after the event. An experienced skipper is in charge of the sailing yacht. However, it should be noted that the functionality of the facilities on board cannot be guaranteed at all times due to external conditions. Costs incurred in connection with the event, such as harbour and mooring fees, nature park fees, catering, water and fuel, are not included in the prices stated on the website. These costs are usually settled via a cash box on board, which is set up at the start of the event. Deviations from this procedure are indicated on the website in the information on the respective event.

2.3 In principle, the participants share equally in the ship's cash on board. The skipper is catered for by all participants according to the old sailor's custom.

2.4 Arrival and departure as well as transfers are not part of the booked sailing trip and are not included in the prices listed on the website. They are to be organised by the participant himself and at his own expense.

2.5 The participant shall also owe the full price of the event if he/she is unable to take part in the event due to personal reasons or legal or official restrictions at his/her place of departure. Conversely, Säil's obligation to provide the service and the participant's obligation to pay the price of the event shall lapse if events cannot be held in the respective sailing area due to legal or official restrictions.

3. start and end of the event

The event starts on Saturdays in the early evening at 18:00. The event ends on Saturday morning at 9.00 am. The yacht is not available on Saturdays from 9.00 am to around 6.00 pm. During this time, service work, cleaning work and, if necessary, a change of boat, crew or skipper will be carried out. This also applies to events lasting several weeks.

4. terms of payment

4.1 Säil shall issue an invoice for the price after conclusion of the contract for participation in an event.
4.2. 40% of the price is due upon receipt of the invoice. The remaining amount is due no later than 30 days before the start of the event.
4.3 The date on which payment is credited to Säil's account shall be decisive for the timeliness of payment.
4.4 If the event is booked through another company, the payment terms of the company through which the event was booked shall apply instead of clauses 4.1 to 4.3 of these GTC. The validity of Säil's other GTC shall remain unaffected by this.

5 Conditions of participation and information obligations

5.1 This is a sporting event for which participants must register. By registering, they declare that they are physically and mentally able to take part in the event and that they can stay afloat in the sea for at least 20 minutes. If children are taken along, only the participating legal guardians are responsible for their supervision.

5.2 If the participant has any doubts as to whether he fulfils these conditions, he is obliged to contact Säil before registering for the event. In any case, the skipper must be informed of any relevant illnesses (e.g. diabetes) at the start of sailing and any assistance measures should be explained.

5.3 The participant accepts that the responsible skipper appointed by Säil alone makes the decisive decisions on board in sailing, nautical and navigational matters. The participant agrees to follow the skipper's professional instructions at all times.

6 Rights and obligations of the participant

6.1 During the sailing trip, the participant is obliged to carry the currently required documents for crossing the border of his home country and the borders of the countries planned on the route of the sailing trip.

6.2 From the moment of embarkation until the moment of disembarkation, the participant is obliged to follow the skipper's instructions. The participant must always take care not to create any danger for himself or other fellow travellers.

6.3 The consumption of any illegal substances is prohibited and may lead to immediate exclusion from the trip without the participant being compensated for this exclusion.

6.4 In the event of a serious and persistent breach of order during the sailing trip by a participant that threatens the interests or safety principles, the captain may prohibit the participant from continuing the journey without the participant being compensated for this exclusion. In such a case, all costs of the further stay abroad and the return home shall be borne solely by the participant.

6.5 The participant is obliged to observe the customs and foreign exchange regulations of the countries on the route of the sailing trip.

6.6 In the event that the participant wishes to make a complaint, he/she is obliged to inform the skipper or the organiser directly on site and during the trip. Objections and complaints raised after the end of the trip cannot be considered.

7. resignation

7.1 The participant may withdraw from participation in the sailing trip at any time. The date of cancellation is assumed to be The day on which the organiser receives the participant's declaration of withdrawal by e-mail.

7.2 If the participant cancels the contract before the start of the event, Säil loses the right to the agreed price. Säil may, however, demand reasonable compensation in cash if Säil is not responsible for the cancellation. The amount of compensation shall be based on the agreed price and shall take into account any expenses saved by Säil and the possibility of using the yacht for other purposes.

7.3 In the event that the participant withdraws from participation in the sailing trip for reasons for which the organiser is not responsible (such as refusal to issue a passport, lack of a visa, lack of documents entitling the participant to cross the border), the organiser may make deductions from the payments made by the participant. In the event of cancellation of an agreed service by the buyer, the following regulations apply:

  • Cancellation up to 8 weeks before the agreed date: 40% (deposit),
  • Cancellation up to 4 weeks before the agreed date: 60%,
  • Cancellation 7-13 days before the agreed date: 80% of the agreed price,
  • Cancellation less than 7 days before the agreed date: 100% of the agreed price.

7.6 Säil may withdraw from the contract up to 21 days before the start of the event if at least four adults, or at least six adults overseas, have not registered for the respective event. Säil may offer the participant participation in a comparable event.

7.7 Säil may also withdraw from the contract before the start of the event if Säil is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, Säil shall declare its withdrawal immediately after becoming aware of the reason for withdrawal.

7.8 In the event of cancellation by the Participant or by Säil, Säil shall reimburse the Participant the travel price subject to rebooking of the Participant for a comparable event (cf. clause 7.5 sentence 2) and less any costs in accordance with clause 7.2 sentence 2 and clause 7.3 without delay, but within 14 days at the latest.

8. cancellation

8.1 Säil may terminate the contract extraordinarily with immediate effect. An extraordinary reason for cancellation shall exist in particular if:

- the participant, contrary to his declaration, does not have the physical or mental aptitude.

- the participant, contrary to his declaration and despite a corresponding warning, does not comply with his obligation to follow the skipper's instructions in sailing, nautical and navigational terms, or otherwise endangers or disrupts the execution of the event or endangers the health or physical integrity of other participants through his behaviour.

8.2 In the event of extraordinary cancellation by Säil, Säil shall retain the right to the full agreed price.

8.3 The statutory rights of cancellation remain unaffected by this provision.

9. deposit and compensation

9.1 The participants are jointly liable as users of the yacht for the operation and occupation of the yacht. Each participant shall pay a deposit of € 200 per person for sailing yachts and € 300 per person for catamarans to the skipper before the yacht is cast off for the first time. This deposit serves to cover any damage to the yacht that may be incurred by the charter company.

9.2 The yacht is insured by the charter company against third party liability and fully comprehensive insurance with a deductible of Säil. The participants and the skipper are jointly liable for any damage caused to the yacht during the event, whereby the participants are liable in equal shares and the skipper is liable for a double share. The participant's liability is limited to a maximum of €200 per person for sailing yachts and €300 per person for catamarans. This does not include any warning costs.

9.3 The limitation of liability does not apply to damage caused by a participant through gross negligence or wilful intent. The participant concerned shall be fully liable for such damage.

10. liability

10.1 It is possible that unscheduled harbour stays (e.g. due to repairs) may take place during the event. Such stays of up to 48 hours do not constitute a significant impairment of the event and do not entitle the customer to cancellation or claims for damages.

10.2 There is a possibility that the yacht may be delayed on the day of departure due to unforeseeable weather conditions. It is therefore recommended to allow sufficient time reserves when booking the return flight (at least 8 hours between the end of the event and the return flight).

10.3 The contractual liability of Säil and its vicarious agents for compensation for damages that are not bodily injury is limited to a total of three times the price of the event, provided that damage to the participant was not caused intentionally or through gross negligence on the part of Säil. The limitation of liability to three times the price shall also apply if Säil is responsible for damage incurred by the participant that is not physical injury solely due to the fault of a service provider (e.g. owner of the yacht).

10.4 Otherwise, liability is excluded if the damage is not based on intent or gross negligence on the part of Säil or its vicarious agents or on injury to life, limb or health.

10.5 Unless otherwise stipulated in these GTC, Säil shall not be liable for unavoidable events, in particular war, civil war, strike, natural disasters, epidemics (including epidemics and pandemics), which occur or become known after the conclusion of the contract.

10.6 It is strongly recommended that you take out travel cancellation insurance.

11. passport, visa, customs, foreign exchange and health regulations

11.1 It is the responsibility of the participant to inform himself/herself about passport, visa, health regulations and the customs and foreign exchange regulations of the countries along the event route.

11.2 The participant is responsible for all costs and disadvantages resulting from non-compliance with passport, visa, customs, foreign exchange and health regulations.

12. data protection

Säil undertakes to process personal data in a lawful manner, in good faith and transparently, and in compliance with the applicable data protection regulations, in particular the BDSG and the GDPR.

www.saeil.de/datenschutzerklärung

Verbal collateral agreements do not exist. Amendments and additions to the contract and these General Terms and Conditions must be made in writing. This also applies to this written form clause.

German law shall apply exclusively.

13. severability clause

Should parts of this agreement be or become invalid or unenforceable, the other parts shall remain effective. Ineffective parts shall be regulated in accordance with the meaning and purpose of this agreement.