Other terms and notes
Preamble
We offer sailing trips on our catamaran Jolie type Bali 4.1. You rent a berth on board. Take part in the boat tour. The task of daily life is organized by the crew together. A sailing license is not required. An experienced, German or English speaking skipper is provided by us.
1 Scope of application
The following General Terms and Conditions regulate the contractual relationship between you and us, the CatCruise GmbH, with regard to the execution of the sailing trip. By registering for a sailing trip, you expressly agree to the General Terms and Conditions.
2 Conclusion of contract
After receiving your request, we will send you a booking confirmation to which we are bound for three days. A travel contract between you and us is concluded on the basis of the booking confirmation as soon as you accept the offer contained in the booking confirmation in text form (e.g. by e-mail).
3 Services
Our services basically include the joint use of the catamaran and the berth place booked by you for the period of the sailing trip as described here on bestoked.
We support you in booking the flights and the transfer from the airport to the marina. Flights and transfers are not part of our services. Please plan for sufficient time reserves in order not to miss the start of your sailing trip or your return flight in case of a delay.
The sailing trip begins with bunkering and provisioning of the catamaran, check-in, briefing of you and the rest of the crew by our skipper, as well as the discussion and practical implementation of the safety briefing for the safety of the crew on board.
You will provide your own meals on board and organise this independently together with the rest of the crew. Usually an on-board cash desk is set up for this purpose. The skipper will be catered for by you on board and ashore.
4 Cruise price, deposit
The travel price including all additional costs such as for fuel, mooring fees and final cleaning are stated in the booking confirmation.
Within two weeks after conclusion of the contract and receipt of our invoice and the security certificate, a deposit of 20% of the total price of the sailing trip is due for payment. The balance of the tour price must be paid by you 30 days before the start of the sailing trip.
The handling fee for a rebooking is € 49,--.
5 Cancellation before the start of the trip
You can withdraw from the contract at any time. You do not have to give a reason for this. We will reimburse you the full travel price.
We can demand an appropriate cancellation fee, which is calculated according to the following criteria:
- The time between your cancellation and the start of the trip,
- expected saved expenses
- expected purchase through other use of the berth space you have booked
The lump sum for withdrawal is
until the 30th day before departure 20% of the tour price
from 29th to 22nd day before the start of the trip 30% of the price of the trip
from 21st to 16th day before the start of the trip 50% of the price of the trip
from the 14th to the 2nd day before the start of the trip 80% of the price of the trip one day before departure 90% of the tour price
on the day of the beginning of the journey or in case of no-show 95% of the price of the journey.
If the cancellation fee is not reasonable from your point of view, you have the possibility to prove that we have not incurred any or significantly lower costs due to your cancellation.
6 Itinerary
The offered sailing trip will be carried out as agreed with you depending on the weather conditions. If the weather conditions require it, there may be changes especially in the departure and arrival times, the departure and arrival port, shore leave, the duration of the sailing trip and the itinerary.
The skipper appointed by us will decide on this independently on the basis of his specialist knowledge and many years of experience.
If technical problems occur, we are entitled to use another catamaran of comparable standard for the sailing trip.
The changed service replaces the original contractual service.
7 Minimum number of participants
The price for the sailing trip is calculated on the basis of a minimum number of 4 participants. If the minimum number of participants is not reached, we are entitled to withdraw from the contract concluded with you 20 days before the start of the trip. If we withdraw from the contract, we will of course refund the price of the trip.
We will carry out the sailing trip even if the minimum number of participants is not reached, provided that you agree to pay a higher travel price, which will enable us to offer the sailing trip at a cost-covering level.
8 Insurance
We ask you to handle the catamaran and the inventory with care. Should the catamaran or the inventory be damaged during the sailing trip, there is an insurance for this, which covers the damages, as long as they were not caused deliberately or grossly negligent. There is an excess per case of damage in the amount of € 2.500,--. As far as our insurance compensates the damage, your liability is limited to the excess.
Please note that your personal equipment, your luggage and your personal valuables are not covered by the insurance.
9 Health requirements, boat rules
By booking the sailing trip you bindingly declare that you are in good physical and mental health, which allows the participation. Furthermore you confirm that you can swim in deep water for at least 20 minutes. If we determine that you do not meet these requirements, we are entitled to terminate the contract without notice and exclude you from further participation in the sailing trip. We will not refund the price of the rice. The same applies in case of non-observance of our boat rules.
10 Passport, visa and customs regulations
We inform you about the passport, visa and customs regulations to be observed in the travel area. In your own interest you should observe these, otherwise participation in the sailing trip is not possible.
11 Liability
Our contractual liability for damages, which are not bodily injuries and are not culpably caused, is limited to three times the travel price. You must offset any claims for damages or reduction against the CatCruise GmbH against what you are entitled to as damages or reduction due to the same event in accordance with international agreements and statutory provisions based on such agreements, such as EU Regulation No. 1177/2010 (Passenger Rights in Sea and Inland Waterway Transport).
12 Data protection
We collect and process your personal data to carry out and organize the sailing trip. Personal data is all data that can be related to you personally, such as your name, address, e-mail address, telephone and mobile phone number.
You have the following rights towards us regarding the personal data concerning you: a) Right to information
(b) Right of rectification or erasure
(c) Right to limit processing
(d) Right to object to the processing
(e) right to data portability.
You also have the right to complain to a data protection supervisory authority about the collection and processing of your personal data by us.
13 Extrajudicial settlement of disputes
We would like to point out that we do not take part in any dispute settlement proceedings before a consumer arbitration board under the Consumer Dispute Settlement Act. For a travel contract concluded in electronic legal transactions, we refer to the European dispute resolution platform (https://ec.europa.eu/consumers/odr/main/index.cfm).
14 Miscellaneous
Should individual provisions of these terms of use be or become invalid or impracticable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision which comes as close as possible to the original economic purpose of the invalid provision.
Boat rules:
For safety and living together on board it is essential that you follow our boat rules.
1) The skipper's instructions are to be followed without reservation during the entire sailing trip, both on board and when going ashore.
2) You conduct yourself in a way that you do not endanger yourself or other crew members.
3) You will leave the catamaran only after you have signed off with the skipper or a reliable crew member, if the skipper is prevented.
4) For children travelling with you on board you have the duty of supervision. On deck children up to the age of 12 years always wear a life jacket.
5) The consumption of illegal substances (e.g. marijuana, cocaine, ecstasy, etc.) on board is prohibited. Smoking is not permitted below deck. Alcohol can be consumed in moderation.
6) Any sport you engage in on board or during shore leave, such as swimming, snorkelling, wakeboarding, surfing, kitesurfing, foilsurfing, wingfoilsurfing, windsurfing, stand up paddle boarding, etc., is at your own risk.
In case of violation of the boat rules, the skipper is entitled to prohibit you from further participation in the sailing trip.
