TERMS & CONDITIONS
AGENCY SERVICES
A) Terms and Conditions – Pavanudra Sailing Experiences
The following mediation conditions apply to our mediation services
CONTENTS
Preliminary remarks, overview of offers and explanations
A1) Conclusion of contract upon mediation
A2) Service Fees
A3) Inclusion of the general terms and conditions of the service providers
A4) Customer obligations, forwarding of notifications of defects
A5) Issuance, shipment of airline tickets | ID of the airlines
A6) Insurance
A7) Payment of the price
A8) Liability
A9) Dispute Resolution Procedure
A10) Privacy
Preliminary remarks on the General Terms and Conditions (further referred to as “GTC”) of Pavanudra Sailing Experiences
The natural person for whom a sailing service or other tourist services are mediated is referred to as “PARTICIPANT” or “CUSTOMER” in the further part of these General Terms and Conditions for mediation services.
The company Pavanudra Sailing. Experiences, represented by its managing director Mr. Frank Moeller, is referred to as “Pavanudra” in the rest of the terms and conditions
The person who is in charge of the yacht is referred to as “SKIPPER” in the further part of the GTC.
The offer of Pavanudra to which these General Terms and Conditions refer includes:
Mediation of cabin charter as a single service
Mediation of private charter (bareboat) as individual services (with and without skipper)
Mediation of additional individual services, such as hotel-only, flight-only, travel insurance
Pavanudra is not a package tour operator
The intermediary is the person who mediates the travel services between the traveler and the service provider of the travel service (§§ 675, 631 BGB). The travel agency is usually the mediator of the trip.
The service provider is the person who provides a single tourist service via a contractual relationship, e.g. the hotel, the airline, the operator of a sailing boat, etc., which we have arranged for him.
If you book individual services, such as transport or accommodation separately, please also note the general terms and conditions of the respective service provider. If you book a package tour, the general terms and conditions of the tour operator with whom you booked the trip must be observed.
A) – Pavanudra as INTERMEDIARY of travel services
The following mediation conditions apply to our mediation services.
A1) Conclusion of the travel contract when arranging trips and other services for third parties
A1.1)
We act as an intermediary between the service provider of individual tourist services, in particular sailing trips as cabin charter or private charter (also called full charter or bareboat) and also individual additional tourist services and the customer (traveller) and are not involved as a contractual partner in the provision of the travel service. Our contractual obligation is therefore limited to the mediation of the offered and existing individual services or trips.
A1.2)
The offers presented by us, also on the Internet, do NOT represent a binding contract offer from us or the respective service provider. However, by providing their data and placing the booking order, the customer submits a binding contract offer. The contractual relationship comes about when the customer receives a declaration of acceptance. Any acknowledgments of receipt we have given (i.e. the mere confirmation that we have received the brokerage order) do not constitute acceptance of the offer. The contract between the customer and the service provider comes into effect if the service provider has an available service if the latter accepts the customer’s offer explains what basically happens when the service provider or agent issues a booking confirmation.
A1.3)
We assume no liability whatsoever for the execution of the booked travel services/offers and make no representations as to the suitability or quality of the travel services/offers offered. The respective service provider with whom the customer concludes the contract is responsible for this.
A2) Service Fee
Within the framework of an agency agreement, the customer commissions us to advise him with regard to the services of the organizers or service providers and to arrange them for him. In some cases, additional service fees are charged for this.
A3) Inclusion of general terms and conditions of service providers
For the contractual relationship between the customer and the service provider, the contractual conditions agreed there and the general terms and conditions (GTC) of the respective service provider or their service provider apply. These contractual conditions and the general terms and conditions (GTC) are named and made available in the individual tenders. In it e.g. Terms of payment, provisions on due dates, liability, cancellation, rebooking and repayment as well as other rights and obligations, such as changing sailing performance or behavior on board. The customer is obliged to inform himself about the exact content of the applicable contractual conditions and general terms and conditions (GTC) in the information sources offered, in particular insofar as these are offered by reproduction on a website. The customer cannot invoke the ignorance of contractual terms and general terms and conditions made available to him in a reasonable manner in this way.
A4) Customer Obligations / Forwarding of Notices of Defects
A4.1)
The customer is obligated to check the correctness and completeness of the contractual and travel documents of the mediated service provider handed over to him by us, in particular to ensure that they match the booking and the mediation order. You are obliged to notify us immediately of any errors, discrepancies, missing documents or other discrepancies. If you do not comply with this obligation, an obligation on our part to pay compensation for any damage you incur as a result may be limited or completely excluded in accordance with the statutory provisions on the obligation to mitigate damage (§ 254 BGB).
A4.2)
Other defects in our mediation service must also be reported to us immediately. We must be given the opportunity to remedy the situation. If this notification is omitted culpably, any claims of the customer from the brokerage contract shall lapse, insofar as a reasonable remedy by us would have been possible. Claims from tortious liability remain unaffected.
A4.3)
We are deemed to be authorized by the service provider, notifications of defects and others
to accept declarations from the traveler regarding the provision of travel services and will inform them immediately of your notices of defects and declarations. We are neither obliged nor entitled to check the correctness of the notice of defects or to provide advice regarding any claims.
A5) Issuance and dispatch of flight tickets, identity of the operating airline for booked flights
A5.1)
In principle, flight tickets are issued no later than 14 days before departure and delivered or handed over to the traveler according to the selected shipping method. This only applies if the relevant airline as the travel provider has not specified any other issue deadlines. Many airlines issue tickets immediately upon booking. From the date the tickets are issued, in the event of a cancellation or a request for a rebooking by the traveler, the provider will charge cancellation/rebooking fees of up to 100% of the travel price. A legal entitlement to the delivery of the tickets only exists on the day of departure. The traveler must note that after the tickets have been issued, in the event of a cancellation/rebooking, a processing fee will be charged by us or our service provider for the flight booking in addition to the cancellation/rebooking fees that may be charged by the providers.
A5.2)
If the airline offers an electronic ticket (“e-ticket”) instead of a paper ticket, an electronic booking code is usually sent in text form (usually by e-mail). This must be presented by the traveler at check-in together with an identification document (identity card or passport).
A5.3)
In accordance with EU Regulation VO 2111/05, we hereby point out the obligation of the travel agent to inform the traveler about the identity of the operating airline for all transport services on the outward and return flight before the contract is concluded, provided that the airline is already known before the contract is concluded. In this respect, we refer to the information in the respective service description about the airlines used. If the airline has not yet been determined, we will inform you of the airline that is expected to carry out the flight before the contract is concluded. Once the airline has been determined, we will ensure that you receive information about this as soon as possible. This also applies to any change in the airlines performing the flight service.
A6) Insurance
We point out the possibility and possible necessity of taking out suitable insurance, in particular
A6.1)
travel cancellation insurance and/or insurance to cover repatriation costs in the event of an accident or illness,
A6.2)
a luggage insurance,
A6.3)
a foreign health insurance.
Assessing the need for the degree and suitability for one of the above or others
Insurance is the sole responsibility of the customer.
A7) Payment of the price
Insofar as we invoice travel or other services and collect the relevant payments, this is done in the name and for the account of the respective service provider. The rights to collect service fees to which we are entitled remain unaffected. The terms of payment are based on the General Terms and Conditions (GTC) and other regulations of the respective service provider.
A7.1)
We reserve the right to pass on any return debit fees for credit card payments or bank debits to the customer.
A8) Liability
A8.1)
We are not liable for the success of the placement or the provision of the service itself, but only for the fact that the placement is carried out with the necessary care. When providing tips and information within the framework of the law, we are liable for the careful selection of the information source and the correct disclosure to the customer. According to Section 676 of the German Civil Code, there is no liability for the correctness of the information provided.
A8.2)
We make every effort to ensure that the information, software and other data available on the website, in particular with regard to prices, restrictions and deadlines, is current, complete and correct at the time of publication to the extent that is reasonable for us.
A8.3)
We assume no liability for the correctness, completeness, reliability or admissibility of third-party content, unless we are legally liable in this regard.
A8.4)
The individual details of the services are based on the information provided by the service providers. These do not represent any assurances on our part. All services presented on the website are only available to a limited extent. We are not liable for the availability of a service at the time of booking. This does not apply if we were aware of erroneous or inaccurate information or should have been aware of this when applying due diligence customary in the trade and industry. In this respect, however, our liability for having to be aware of such circumstances is limited to cases of intent or gross negligence.
A9) Dispute settlement procedure before a consumer arbitration board
We are not obliged to participate in dispute settlement procedures before a consumer arbitration board
and do not participate in a dispute settlement procedure before a consumer arbitration board.
A10) Privacy
We are responsible under data protection law for the processing of personal data for the purpose of contract execution in accordance with Article 6 Sentence 1 Paragraph 1 Letter b of the GDPR. The personal data of the customers are processed exclusively for the implementation and processing of the booking. The data will be deleted as soon as they are no longer required for the purpose of their processing, unless we are required to do so in accordance with Article 6 (1) (c) GDPR due to tax, commercial or other statutory storage and documentation obligations are obliged to store it for a longer period of time or the customer has consented to further storage in accordance with Article 6 (1) (a) GDPR.