TERMS AND CONDITIONS (GTC)
OF BAMA YACHTING GMBH
The following general terms and conditions apply to all yacht and berth charter contracts issued by BaMa Yachting GmbH.
When registering for a trip in writing, e.g. by fax or e-mail, the following contract between the contracting parties is only concluded upon acceptance, with which we confirm the booking and the trip price. Acceptance requires no specific form. Each participant has to sign a separate contract.
The participants are aware that sailing trips of all kinds are activities that have nothing to do with a beach holiday or hotel stay. You are not entering into a transport or package travel contract. Arrival and departure of the participants are not part of this contract. The focus is on sailing together. Life on board requires mutual consideration, loyalty, team spirit and camaraderie from every participant. Active and flexible participation in sailing and sailing events is expected from every participant within the scope of their knowledge. This includes, among other things, help with casting off and berthing, setting sails, steering, navigating and other nautical work. The participants also organize
the daily catering on board and take turns shopping, cooking, baking, washing up and tidying up.
For reasons of safety and to ensure the undisturbed course of a trip, the instructions and instructions of the skipper must be followed. A participant who endangers his safety or the safety of the other participants on board through his behavior can be excluded from the trip after reaching the next port. This also applies in the event that a participant repeatedly fails to follow the instructions of the skipper. In the above-mentioned situation, the participant concerned has no further legal claims and the contract expires. BaMa GmbH is not liable for any consequential costs.
Each participant takes part in the sailing trip and related activities at their own risk and is individual
fully responsible for yourself. He has to take the respective security measures for himself. The participant assures that he can swim in deep water for at least 15 minutes (if not, he undertakes to always wear a life jacket on deck
to wear), as well as physically and mentally able to participate in the sailing trip and does not have any contagious diseases.
Each participant undertakes to treat the yacht with care and attention and to handle it with the greatest care. Smoking is not permitted below deck and, for safety reasons, alcoholic beverages must not be consumed while sailing.
Each participant is obliged to comply with the maritime regulations, customs regulations, passports, visas, foreign exchange and health regulations as well as the legal provisions of the respective country and to inform themselves accordingly in advance. The participant assures that they do not carry or use any illegal drugs. The respective participant is fully liable for any violations. BaMa Yachting GmbH bears neither responsibility nor liability for this.
BaMa Yachting GmbH is not liable for any consequential costs.
The travel route is subject to change and is to be understood as a guide. It is decided jointly by the crew and skipper before the start of the trip, taking into account the weather conditions, nautical aspects and good seamanship. This does not include trips with a predetermined destination. The participants are not entitled to any kind of compensation if the trip cannot begin or end in the planned port due to bad weather conditions. The skipper is entitled, on his own responsibility, to change the course of the cruise at any time after assessing the crew's nautical skills and in particular taking into account the actual weather and wind conditions. It does not constitute a defect if the skipper does not sail due to adverse weather and wind conditions or on instructions from the port authorities.
Replacement or reduction for sailing days that are canceled as a result are excluded. So the skipper can on individual days,
even if the departure were possible, order “port days” if he deems it necessary.
If the trip, as planned when the contract was concluded, is endangered or cannot be carried out due to unforeseeable circumstances, the payments made will be refunded. Serious reasons are in particular: war, civil unrest, strikes, official orders, epidemics, natural disasters, accidents, bad weather, force majeure or illness, defects in the yacht and failure to reach the number of participants. There are no further claims. In such a case, the participant cannot claim a reduction in price.
If technical defects occur, we will endeavor to repair or replace them immediately. However, there is no entitlement to a reduction or reimbursement of the price of the cruise if individual items of equipment fail (e.g. stove, radio). Only in the event of failure of safety-related and prescribed equipment (in particular rescue and signaling equipment), the participant is entitled to a proportionate reimbursement of the lost sailing days, if no repairs or replacements are made and as a result, sailing days are canceled. A repair or delivery time of 48 hours is, however, agreed and therefore not a failure.
Each participant is responsible for arriving on time. If one or more participants have justified claims for damages or a reduction in price as a result of the late arrival of a participant, the person responsible is obliged to pay compensation.
BaMa GmbH is not liable for lost or damaged items or valuables belonging to participants. Entitlement to a specific bunk / cabin only exists if this has been contractually agreed in advance.
For the advertised trips or sailing trips, the prices assigned to the respective trip per participant plus the proportional board cash are decisive. The costs for yacht, charter, deposit, insurance, fee for the skipper, towels, bed linen are included
included in the price. The prices include VAT. The costs incurred for the final cleaning will be borne equally by all participants and must be paid on site. Costs for fuel, gas, water, port fees, clearing costs, drinks and food are billed separately via a board cash. Each participant, excluding the skipper, pays into the board cash in equal parts.
When registering, 50% of the costs are due, the remaining payment is due 40 days before the start of the trip to the account of BaMa Yachting GmbH
to be paid.
If a participant withdraws up to 8 weeks before the start of the sailing trip, 50% of the participation fee must be paid, after which the full price is due. A suitable substitute can take part after consultation with BaMa Yachting GmbH. A processing fee of 10% is due here. If the substitute is unsuitable, the organizer can refuse to participate. In the event of early departure or cancellation of a trip by a participant, no claims for compensation can be made.
Oral agreements that do not correspond to the content of this contract require written confirmation to be valid.
All complaints must be communicated in writing to BaMa Yachting GmbH no later than one month after the end of the cruise. Claims of the participants expire after one year. The statute of limitations begins on the day on which the sailing trip should end according to the contract.
If any part of this agreement is or becomes invalid or unenforceable, this will not affect the other parts of the agreement. The same applies if it turns out that the agreement contains a loophole. Instead of the ineffective or impracticable part or to fill the gap, this agreement should be interpreted in such a way that it comes as close as possible to the intended purpose.
The law of the Federal Republic of Germany applies to all legal relationships between the parties.
The place of jurisdiction is Gera / Thuringia.