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.u6. The contract is based on 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, there is no need 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 shall be defined in individual agreements. Säil reserves the right to make changes, in particular with regard to the organisation, content and schedule of workshops and coaching sessions as well as online courses in the eAcademy, in order to ensure that everything runs smoothly. Participants will be informed of any changes in good time. For sailing trips, the skipper in charge reserves the right to make changes to the departure and arrival ports, the route and the schedule. These changes may become necessary due to the usual circumstances of the voyage and are not made in bad faith.
2.2. For sailing trips: Participation in the sailing trip includes accommodation in a double berth and the use of all facilities on board. Bed linen is provided and the sailing yacht is cleaned after the event. An experienced skipper is in charge of the yacht, but the functionality of the facilities on board cannot be guaranteed at all times due to external conditions. Costs such as harbour and mooring fees, nature park fees, catering, water and fuel are not included in the price and are usually settled via an on-board cash box.
2.3. For workshops and coaching sessions: Workshops and coaching sessions can take place in person or online, depending on the agreement. In the case of face-to-face workshops, the participant is responsible for travelling to and from the workshop and any accommodation costs. For online coaching sessions, the participant is responsible for a stable internet connection and the necessary technical equipment.
2.4. For the eAcademy: Participation in the eAcademy courses takes place online via the Säil platform. The courses are available to the participant for the agreed duration and access expires at the end of the agreed period of use. Participants must ensure that they have the necessary technical equipment to access the content.
2.5 The participant shall also owe the full price of the event or the booked service if he/she is unable to participate in a workshop, coaching or sailing trip due to personal reasons or legal or official restrictions. Conversely, Säil's obligation to provide the service and the participant's obligation to pay the price shall lapse if the event cannot be held due to legal or official restrictions.
3. start and end of the event
The event or the booked service begins and ends on the individually agreed dates, which are communicated to the participant before the booking is made. The exact duration may vary depending on the type of event or service. Events can last from one day to several days or weeks.
For sailing trips: The yacht is available from a fixed time on the agreed embarkation day. On the day of disembarkation, participants must leave the yacht by the agreed time. Between events, maintenance and service work may be required on the yacht, which must be carried out during the duration of the event. Säil will inform participants of any restrictions in advance.
For workshops and coaching sessions: Workshops and coaching sessions begin and end on the individually agreed dates. For online events, participants are responsible for logging in on time and fulfilling the necessary technical requirements.
For the eAcademy: Access to the online courses of the eAcademy is granted for the agreed duration. At the end of the agreed period of use, access will be deactivated.
4. terms of payment
4.1 Säil shall issue an invoice for the price of the booked service after conclusion of the contract for participation in an event, workshop, coaching or the eAcademy.
4.2 For team events: 40 % of the price is due as a deposit upon receipt of the invoice. This deposit is necessary to cover any costs incurred in advance for the organisation of the event. The balance is due no later than 30 days before the start of the event.
4.3 For workshops and coaching sessions: The full price is due no later than 30 days before the start of the event, unless otherwise agreed.
4.4 For the eAcademy: The full price for online courses or learning materials in the eAcademy is due before access is activated. Access will not be activated until the agreed price has been paid in full.
4.5 The time of crediting to Säil's account shall be decisive for all payments.
4.6 If the booking is made through another company, the payment terms of the company through which the event, workshop or coaching was booked shall apply instead of clauses 4.1 to 4.5 of these GTC. The validity of Säil's other GTC shall remain unaffected by this.
5 Conditions of participation and information obligations
5.1 For team events (sailing trips): 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 water for at least 20 minutes. If children are taken along, only the participating legal guardians are responsible for supervision.
5.2 For workshops and coaching: By registering, participants confirm that they are able to actively participate in the workshop or coaching and fulfil the necessary physical and mental requirements. If there are any doubts about the ability to participate, the participant is obliged to contact Säil before registering.
5.3 For the eAcademy: Participants must ensure that they have the necessary technical requirements to access the online courses (e.g. stable internet connection, suitable software). In case of uncertainty about the technical requirements, the participant is obliged to contact Säil before booking.
5.4 For team events (sailing trips): The participant accepts that the responsible skipper appointed by Säil alone makes the authoritative 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 For team events (sailing trips): 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 scheduled on the route of the sailing trip. He is also obliged to observe the customs and foreign exchange regulations of the countries on the route.
6.2 For team events (sailing trips): From the moment of embarkation to 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 For workshops and coaching: The participant is asked to actively participate in the workshop or coaching in order to maximise the benefits. Collaboration and openness in the process are essential so that all participants can benefit in the best possible way. If questions or uncertainties arise during the workshop or coaching, the participant is encouraged to address them openly so that a solution can be found together.
6.4 For the eAcademy: The participant is obliged to treat the access data for the eAcademy confidentially and not to pass it on to third parties. Access to the eAcademy may only be used by the participant. Violations can lead to immediate exclusion from use without the participant being compensated for this exclusion.
6.5 For team events (sailing trips): The consumption of any illegal substances is prohibited and may lead to immediate exclusion from the sailing trip without the participant being compensated for this exclusion. In serious cases, such as the persistent violation of safety principles, the skipper may prohibit the participant from continuing the journey. In this case, all costs for the further stay or the return journey shall be borne by the participant.
6.6 For all offers: Should the participant wish to make a complaint, he/she is obliged to make this immediately to the organiser, coach or skipper during the event. Complaints made after the end of the event cannot be considered.
7. resignation
7.1 For team events (sailing trips): The participant may withdraw from participation in the sailing trip at any time. The date of withdrawal is deemed to be the date on which the written declaration of withdrawal is received by the organiser by e-mail.
7.2 If the participant cancels the contract before the start of a team event, Säil loses the right to the agreed price. Säil may, however, demand reasonable compensation 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 as well as the possibility of alternative use of the booked services.
7.3 For workshops and coaching: The participant may withdraw from the contract up to 30 days before the start of the workshop or coaching without giving reasons. If the participant cancels after this period, Säil shall be entitled to demand reasonable compensation. The amount depends on the time of cancellation and the expenses incurred as a result.
7.4 For the eAcademy: Cancellation of a booked eAcademy course is only possible before the online content is activated. As soon as the participant has accessed the digital content, the right of cancellation expires.
7.5 If a participant withdraws from a team event for reasons for which the organiser is not responsible (e.g. refusal to issue a passport, lack of a visa), the organiser may make deductions from the payments made. The following cancellation rules apply to team events:
- 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 team event if at least the required number of participants has not registered. In this case, the participant may be offered participation in a comparable event.
7.7 Säil may also withdraw from the contract before the start of an event (whether team event, workshop or coaching) if Säil is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. In this case, Säil shall declare its cancellation immediately.
7.8 In the event of cancellation by a participant or by Säil, Säil will refund the price already paid, subject to a possible rebooking to a comparable event and less any costs, 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:
- Contrary to his or her declaration, the participant is not physically or mentally fit to take part in the team event, workshop or coaching.
- The participant does not comply with his/her obligation to follow the instructions of the skipper (for team events) or the coach (for workshops and coaching), contrary to his/her declaration and despite a corresponding warning, or endangers or disrupts the execution of the event or endangers the health or physical integrity of other participants through his/her behaviour.
- For the eAcademy: The participant violates the terms of use, for example by passing on their access data to third parties without authorisation or misusing the contents of the eAcademy.
8.2 In the event of extraordinary cancellation by Säil, Säil shall retain the right to the full agreed price. Any refunds of services already paid shall only be made if none of the above-mentioned reasons have led to the cancellation.
8.3 The statutory rights of cancellation remain unaffected by this provision.
9. deposit and compensation
9.1 The client who books the yacht for the participants is liable as the contractual partner for the operation and occupation of the yacht. The client shall pay a deposit of €200 per person for sailing yachts and €300 per person for catamarans before the yacht is launched for the first time. This deposit serves to settle any damage to the yacht vis-à-vis 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 client is liable as the contractual partner for any damage caused to the yacht during the sailing trip. Any liability of the participants does not apply, unless the damage was caused by grossly negligent or wilful behaviour of a participant.
9.3 The limitation of liability does not apply to damages caused by gross negligence or intentional behaviour of a participant. In this case, the participant who caused the damage is liable in full.
10. liability
10.1 For team events (sailing trips): 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 participant to cancellation or claims for damages.
10.2 For team events (sailing trips): There is a possibility that the yacht may be delayed on the day of departure due to unpredictable weather conditions. It is therefore recommended that sufficient time reserves are planned 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 physical injury is limited to a total of three times the price of the event, workshop, coaching or the booked eAcademy service, provided that damage to the participant was not caused intentionally or through gross negligence by 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 is not liable for unavoidable events, in particular war, civil war, strikes, natural disasters, epidemics (including epidemics and pandemics) that occur or become known after the conclusion of the contract. For further regulations on exceptional weather conditions and force majeure, which may lead to changes or cancellations of the event, please refer to section 14.
10.6 It is strongly recommended that you take out travel cancellation insurance for team events and sailing trips.
11. force majeure and weather conditions
11.1 Säil reserves the right to make changes to the course of the event or to cancel the event in the event of unforeseeable, exceptional circumstances, in particular due to weather conditions such as storms, severe thunderstorms or other natural phenomena. If the wind speed exceeds 25 knots (approx. 6 Beaufort), harbour days may be necessary to ensure the safety of the participants. The number of harbour days will be flexibly adapted to the current weather conditions and when the wind limit is reached. Participants will be informed immediately as soon as it is foreseeable that this limit will be exceeded.
11.2 If the event is cancelled due to these circumstances, Säil will offer the participant an alternative date within 12 months of the original event. The participant is entitled to postpone the proposed alternative date once, but must attend a new date within this period. If the participant is also unable to attend the second date, there is no entitlement to a further alternative date or refund.
11.3 In the event that Säil has already booked the yacht or other essential services for the original event and the charter company or service provider does not reimburse the costs in the event of cancellation, the participant shall bear the resulting additional costs for the renewed rental of the yacht or other services on the replacement date. Säil will inform the participant of these costs in advance.
11.4 Recommendation on default insurance
Säil recommends that participants take out cancellation insurance to cover them in the event that the event is cancelled or postponed due to weather conditions. Such insurance can cover any costs, such as travel or accommodation, incurred as a result of a cancellation or postponement and offers additional protection. Säil accepts no liability for personal expenses incurred as a result of the cancellation or postponement of the event, unless these are due to gross negligence or intent.
12. passport, visa, customs, foreign exchange and health regulations(for team events - sailing trips)
12.1 It is the responsibility of the participant to inform himself/herself about passport, visa, health regulations as well as customs and foreign exchange regulations of the countries along the route of the sailing trip.
12.2 The participant is responsible for all costs and disadvantages resulting from non-compliance with passport, visa, customs, foreign exchange and health regulations.
13. 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.
There are no verbal collateral agreements. 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.
14. 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.