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Our terms and conditions

§1 Definitions

1. The company TideCat and their owner Seadorn GmbH will subsequently be referred to as the organiser.

2. The person registering for and taking part in a sailing trip will subsequently be referred to as shipmate.

3. The person who has the command of the sailing yacht will subsequently be referred to as skipper.

§2 Booking and contract

1. Before booking the sailing trip, the shipmate has to familiarise himself with the passport, visa, currency, customs and health regulations.

2. The shipmate submits a binding booking of the sailing trip by correctly filling in and submitting the booking form on the organiser's website.

3. By submitting the booking form, the shipmate declares his consent with all terms of the contract and these terms and conditions.

4. A minor shipmate may only be registered by an adult person who is taking part in the same sailing trip. The adult person will be responsible for the minor shipmate for the duration of the sailing trip.

5. For the purpose of transmitting essential information or declarations relevant to the sailing trip, the organiser may contact the shipmate by e-mail or by telephone.

6. After submitting the booking form, the shipmate will receive either a confirmation or a refusal from the organiser by e-mail within 5 days.

7. The organiser retains the right to deny the booking without providing reasons for its decision.

8. By submitting the booking, the shipmate also declares that his physical and psychological health permit him to undertake a sailing trip. If the organiser will find out that the shipmate does not comply with these aforementioned requirements, the organiser is entitled to cancel the contract without any notice and without any formal requirement according to §2 para. 6. Such a cancellation of the contract will not be regarded as a cancellation for reasons for which the organiser is responsible.

§3 Payment terms

1. Upon conclusion of the contract for the berth charter, a down payment of 30% of the charter fee has to be made into the bank account of Seadorn GmbH. The remaining amount is due 4 weeks (28 days) before the beginning of the trip. The deposit will bes secured by a risk coverage certicate. In the event of insolvency of TideCat the deposit will be refunded..

2. The organiser retains the right to increase the price of the sailing trip by up to 10% up to one month before the beginning of the trip, especially if the charter fee for the yacht or taxes will be increased or currency exchange rates will fluctuate. The shipmate will be informed by e-mail about such an increase and will be asked to confirm it.

3. The shipmate is entitled to receive a refund of the price for the journey if the withdrawal from the contract will occur for reasons within the organiser's responsibility. These are exclusively:

a) A change of essential elements of the contract, especially if the price of the trip rises by more than 10%. The withdrawal for this reason may be declared within 3 days after being notified by the organiser by e-mail with a request to confirm the higher price. If there won't be any response within these 3 days, it will be regarded as the shipmate's consent to the amended conditions for taking part in the sailing trip.

b) Cancellation of the sailing trip.

4. Replacing the yacht with another one with a similar standard does not constitute a change of essential elements of the contract.

§4 Withdrawal from the contract

1. The shipmate may withdraw from his participation in the sailing trip at any time.

2. If the shipmate withdraws from participating in the sailing trip for reasons which are not the organiser's responsibility (like denial of passport, lacking visa, lacking of paperwork required to cross borders), the organiser may retain part of the deposit paid by the shipmate. The maximum amount to be retained depends on the time between the day of the withdrawal and the day of the beginning of the sailing trip and will be calculated as follows:

- earlier than 2 months: € 29

- 2 months to 6 weeks: 40% of the price

- 6 to 4 weeks: 60% of the price

- less than 4 weeks: 100% of the price

3. The shipmate may assign his berth charter contract to a third party, but the organiser is not required to accept this assignment if the third party does not fulfil the requirements for participating. Each assignment incurs an administrative fee of € 29.

§5 Change of booking

1. If the shipmate wants to change the sailing area or the date of the trip after booking, the organiser will try to accommodate these wishes, but the shipmate is not legally entitled have his changed wishes accommodated.

2. A change of booking is only possible until 6 weeks before the beginning of the sailing trip which was booked originally. The administrative fee for this is € 29.

3. If the time of the sailing trip will be changed later than 6 weeks before the planned beginning, the organiser may charge the shipmate a fee, the maximum amount of which equals that of the fee charged if the shipmate withdraws from the contract.

§6 Cancellation of the sailing trip

1. If there are complications in connection with the organisation of the sailing trip, the organiser retains the right to cancel the sailing trip up to 2 months before its scheduled beginning.

2. If the offer for the sailing trip already mentioned a minimum number of participants, the organiser retains the right to cancel the sailing trip until the day mentioned in the offer in case the minimum number of participants will not be reached.

3. The organiser retains the right to cancel the sailing trip at any time for reasons beyond his control (force majeure).

4. If the sailing trip will be cancelled, the shipmate will be informed by e-mail and will be asked to confirm. If no confirmation will occur, the shipmate will be informed by telephone. If the organiser won't be able to contact the shipmate by the aforementioned means within 3 days, the organiser will be forced consider the shipmate as having received the information about the cancellation.

5. After the cancellation, the shipmate will receive a refund of the amount that he had paid into the organiser's account without deductions within 21 days from the cancellation. The shipmate is not entitled to any compensation for damages due to the cancellation of the sailing trip

§7 Changes to the sailing trip

1. The organiser or the skipper are entitled to make changes to the sailing trip which differ from the description of the services in the contract, especially concerning the departure or arrival harbours if this will become necessary after the conclusion of the contract for reasons that lie in the nature of maritime yachting and if neither the organiser nor the skipper caused these reasons in bad faith. The changed services replace the services included in the original contract.

2. The organiser retains the right to change the type of sailing yacht.

§7 Obligations of the shipmate

1. The shipmate has to have with him all the documents required for a possible crossing of borders between the states mentioned in the booked sailing trip.

2. The shipmate has to obey the skipper's instructions regarding maritime safety and practice and the applicable regulations during the sailing trip.

3. The shipmate is advised that booking and going on a sailing trip is not comparable to a “normal” package holiday, especially as natural events can lead to unforeseeable events (e.g. passage of the trip, performance of the engine, dangerous situations on the sea) which will influence the sailing trip. Shipmates with children are explicitly advised of their duty to supervise their children and of the resulting liability.

4. The shipmate actively helps with the sailing trip (guard duty, assistance when entering and leaving a harbour, repairing small damages, preparing meals).

5. If a shipmate seriously and consistently violates the order during the sailing trip, the interests of other shipmates or the principles of security, the skipper may bar the shipmate from continuing on the journey without any consequences, including financial ones. In such a case, the shipmate will be solely responsible for all expenses incurred by the further stay in a foreign country and the return home.

6. The shipmate has to comply with the customs and foreign exchange regulations of the countries through which the sailing trip will pass.

7. The organiser expects the shipmate to respond actively and with flexibility to all problems that may arise during the trip.

8. The organiser cannot guarantee that all elements of the yacht's equipment will function properly. A yacht for the high seas consists of many different elements that have to function under extreme conditions. Hence breakdowns and repairing them are an integral part of life on a yacht. Serious malfunctions will be attended to by the mechanic who will represent the owner. If the mechanic is unable to reach the yacht or in case of small technical problems, the active participation of the shipmate also includes helping with repairs if he is capable of doing so.

§8 Complaints

1.The shipmate has to inform the skipper immediately of occurring defects and has to ask him to repair the defects. If the shipmate culpably fails to inform the skipper of a defect, he is not entitled to reduce the price. Complaints going beyond that have to be signed by the skipper.

2. Complaints are accepted up to 14 days after the end of the sailing trip and have to be submitted in writing.

3. After this deadline, claims can only be filed if the shipmate was prevented from acting within the deadline without culpability.

4. The organiser has to investigate the claims within 90 days from the date of receipt.

5. The organiser has to refund part or total of the paid amount within 30 days from the withdrawal or the acknowledgement of the complaint.

6. The shipmate's claims fall under the statute of limitations after one year. This deadline begins to count with the day, on which the sailing trip was scheduled to end according to the contract.

§9 Miscellaneous

1.If some clauses are invalid, this does not lead to the invalidity of the complete contract about the sailing trip.

2.All contractual and legal relations between organiser and shipmate will be exclusively governed by German law.

3. The organiser may be sued at its place of registration. The organiser may sue the customer at his place of residence.

If the customer is a business person, a legal entity or a person whose habitual residence is outside of Germany or unknown at the time of bringing a lawsuit, the parties agree that the court at the place of registration of the company offering the journey shall have jurisdiction.

TideCat

Lahnstraße 37 – 41
60326 Frankfurt

TideCat GmbH

Alexander Winter

Alt-Hausen 34

60488 Frankfurt

Tel. +49 (0)69 · 907 35 859
Fax 49 (0)69 · 973 93 828

info(at)tidecat.com