TERMS & CONDITIONS
INDIVIDUAL SERVICES FOR SAILING TRIPS
B) General Terms and Conditions – Pavanudra Sailing Experiences
The following conditions apply to our services as a provider of individual services for sailing trips
CONTENTS
Preliminary remarks, overview of offers and explanations
B1) Conclusion of the contract
B2) Payment, included services
B3) Withdrawal by the participant
B4) State of health
B5) Underage participants
B6) Privacy
B7) Sailing requirements, behavior on board
B8) Notification of defects and remedial action
B9) Baggage
B10) Travel Protection
B11) Withdrawal from the contract by Pavanudra Sailing Experiences
B12) Reasonable Changes
B13) Services not used
B14) Liability
B15) Right of Withdrawal
B16) Severability Clause, Place of Jurisdiction
Preliminary remarks on the General Terms and Conditions (further referred to as “GTC”) of Pavanudra Sailing Experiences
The natural person who registers for the sailing trip and takes part in it is referred to as “PARTICIPANT” or “CUSTOMER” in the further part of the General Terms and Conditions.
The company Pavanudra Sailing Experiences, represented by its managing director Mr. Frank Moeller, is referred to as “Pavanudra” or “SERVICE PROVIDER” in the further part of the General 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 Pavandura Sailing Experiences to which these General Terms and Conditions refer includes:
Cabin charter & private charter from Pavanudra as a service provider of an individual service
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 or 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.
If you book individual services, such as transport or accommodation separately, please also note the general terms and conditions of the respective service provider/service provider.
B) – Pavanudra as a SERVICE PROVIDER of individual services for sailing trips
B1) Conclusion of the contract
By registering in writing, if possible, the customer makes a binding offer to Pavanudra to conclude a contract. The contract is concluded with the confirmation by e-mail or telephone by Pavanudra.
B1.1)
Before registering for the sailing trip, the participant is obliged to familiarize himself with the details of the offer, the general terms and conditions, with general information about the valid passport and visa regulations of the respective travel countries. The same applies to health requirements, with individual dangers to life and health in the areas to be traveled, as well as the possibility of securing yourself against any risks with additional insurance.
B1.2)
The participant registers for the sailing trip by correctly completing and submitting the registration form on the Pavanudra website. All data provided in the registration form must be correct. Providing untruthful data can be considered a withdrawal, the reasons for which are the responsibility of the participant. In this case, the withdrawal does not have to be in the form provided for in points B3 and B11.
B1.3)
The offer on the website of the service provider is to be understood as an offer within the meaning of § 145 BGB. By completing the booking process, the participant accepts this offer in a legally binding manner.
Such an offer within the meaning of § 145 BGB can also be sent to the participant by the service provider by e-mail. This offer may be limited and must be accepted by the participant within this period.
B2) Payment, included services
The cruise price is shown in euros per person and includes: accommodation on board in the booked cabin category, sea transport and meals depending on the tender. Unless otherwise agreed, it does not include: transfer of persons and luggage by air, land or sea, airport taxes, travel insurance, sports programs, land programs or excursions, taxes or expenses for personal needs, in particular alcoholic or non-alcoholic beverages, tips, gifts, medical supplies, phone calls, etc.
B2.1)
The on-board cash box is obligatory, in addition to the trip price and to be paid in cash on site in the advertised amount. This is a necessary and common procedure on sailing trips worldwide. This includes, for example, but not exclusively, additional services that vary depending on the region: local fees (such as customs duties, national park fees, cruise taxes, tourist taxes, landing fees on the islands), mooring fees, fresh products and others.
B2.2)
To secure the reservation, an advance payment of 35% of the trip price per person to afford. The difference is payable no later than 8 weeks before departure.
B2.3)
For trip prices totaling less than €1,000.00, the total amount must be paid within 7 days of the booking confirmation. The vouchers for the respective services will be sent upon receipt of full payment.
B2.4)
Payments can be made by bank transfer, credit card (Master, Visa) or in cash. If payment is not made on time or is insufficient, Pavanudra can cancel the reservation or refuse the passage service and claim damages in accordance with point 7.
B2.5)
Sailing vouchers lose their validity after a period of 3 years. Deadline is receipt of payment. Vouchers are generally not personal and can be given away or transferred to other people.
B2.6)
The participant is entitled to a refund of the price if the withdrawal occurs for reasons that are the responsibility of the service provider. This includes exclusively: a) Changes to essential parts of the contract. Withdrawal for this reason can be made within 3 days from the receipt of notification by the service provider by e-mail against confirmation. Failure to reply within this period will be considered acceptance of the changed conditions of the sailing trip. b) Cancellation of the sailing trip.
Exchanging the yacht for another of a similar standard or changing the sailing route does not mean a significant change in the terms of the contract
B3) Cancellation by the participant
Before the start, the customer can withdraw from the contract at any time. The following cancellation fees apply (the date of receipt of the written notification of cancellation by Pavanudra applies):
B3.1)
The following cancellation costs apply to all sailing trips, with the exceptions under point B3.2) and B3.3)
Up to 120 days before the start of the cruise 30% of the cruise price
119 – 60 days before the start of the cruise 50% of the cruise price
59 – 30 days before the start of the cruise 75% of the cruise price
From 29 days before the start of the cruise, 100% of the cruise price
B3.2)
For day, half-day and sunset cruises on the Baltic Sea, the cancellation costs apply:
up to 14 days before the start of the cruise 25 euros per person for cancellation or rebooking
Less than 14 days before the start of the cruise 100% of the cruise price
B3.3)
For multi-day cruises or full and private charters on the Baltic Sea, the cancellation costs apply:
As under B3.1) for cancellation and rebooking
Exceptions apply if agreed in writing in advance.
B4) State of health
By registering for a sailing trip, the participant immediately declares that his physical and mental health allows him to participate in a sailing trip and that he can swim in deep water for at least 30 minutes. In the event of any doubts regarding the fulfillment of these conditions, the participant is obliged to contact the service provider before registering. In the event that the Service Provider discovers after booking that the Participant does not meet the conditions set out in this paragraph, the Service Provider has the right to terminate the contract with immediate effect, without complying with the form mentioned in B2.6). Exercising this right will not be considered termination for reasons for which the service provider is responsible.
B4.1)
Health Certificate: Any medical conditions or mobility issues that require special care or assistance must be reported to Pavanudra at the time of booking. Participants must be able to step into an inflatable boat with assistance. Pavanudra considers a sailing trip from the 26th week of pregnancy as a risk and is not liable for any resulting complications.Pavanudra is fundamentally entitled to refuse a person to participate, even partially, in the sailing trip if, at Pavanudra’ discretion, the person is unfit to travel due to their physical or mental condition.
B5) Underage participants
The registration of a minor participant must be made by the legal guardian, who assumes responsibility for the minor participant for the duration of the entire sailing trip. The contract is pending receipt of a written confirmation from a legal guardian.
B6) Privacy
All personal and contact data provided to the service provider by the participant for the purpose of registering or subscribing to the newsletter will only be used by the service provider to organize the sailing trip or for marketing purposes and will not be passed on to third parties. The consent to use for any marketing purposes, such as sending the newsletter, can be revoked by the participant at any time.
B7) Travel requirements, conduct on board
All participants require valid identification documents (ID card or passport depending on nationality and country of travel), a valid passport and visa are required for certain islands or countries to be visited. Without an entry permit, participants are not allowed to leave the boat in certain ports. If the participant fails to provide the proper travel documents, no reimbursement of the costs can be made. By embarking on board, the participant submits to all generally recognized rules of seamanship and international maritime law, in particular the ship’s command.
B7.1)
From the moment of embarkation to the moment of disembarkation, the participant is obliged to follow the skipper’s instructions. The participant must always ensure that they do not endanger themselves or other passengers.
B7.2)
The consumption of any illegal substance is prohibited and may result in immediate exclusion from the trip, without the participant being compensated for this exclusion.
B7.3)
In the event of serious and persistent breach of order during the sailing trip by a participant, which threatens interests or safety principles, the skipper may prohibit the participant from continuing the journey, without the participant being compensated for this exclusion or receiving a refund for unused services . In such a case, all costs of the further stay abroad and the return home are borne solely by the participant.
B7.4)
The participant is obliged to observe the customs and currency regulations of the countries on the route of the sailing trip.
B8) Notification of defects & remedial action
In the event that the participant wishes to assert any complaints, he is obliged to notify the skipper or the service provider on site and during the trip and to record them in writing. In the case of specific deficiencies, the service provider first has the opportunity to remedy the situation and the participant has an obligation to cooperate. Inconveniences or personal feelings are not defects. Objections and complaints that are raised for the first time after the end of the trip cannot be taken into account.
B9) Baggage
Baggage must be properly packed in a flexible, collapsible bag, suitcase or backpack and marked with the full name of the passenger and ship. Pavanudra is not liable for loss, theft or damage to luggage or personal property.
B10) Travel Protection
We expressly point out the need to take out appropriate travel insurance, in particular travel cancellation insurance and/or insurance to cover repatriation costs in the event of an accident or illness, luggage insurance, and international health insurance. The customer is solely responsible for checking the necessity of taking out and the suitability of one of the above or other insurance policies.
B11) Withdrawal from the contract by Pavanudra
Withdrawal from the contract by Pavanudra because the minimum number of participants was not reached
Pavanudra can withdraw from the service contract up to 28 days before the start of the trip if the advertised minimum number of participants is not reached.Pavanudra is obliged to inform the participant immediately after the prerequisite for the non-implementation has been met. Should this become apparent at an earlier point in time,Pavanudra will inform the participants of this. If the trip is not carried out for this reason, the service provider will refund the payments on the trip price immediately, but in any case within 14 days after receipt of the declaration of cancellation.
B11.1)
Withdrawal from the contract byPavanudra due to extraordinary circumstances.Pavanudra is entitled to cancel the trip (also partially) in exceptional circumstances. All paid trip prices (proportionally if necessary) are to be refunded or an alternative date offered. Any further claims (rebooking or cancellation costs for self-booked or mediated flights, hotels, ferries, etc.) are excluded.Pavanudra and the responsible skipper are entitled to deviate from the announced or usual itinerary and to change or modify the content, equipment and scope of the trips at their own discretion without accepting liability for damage and without any obligation to reimbursement of any kind.
B12) Reasonable Changes
The following changes are reasonable and neither represent a defect nor entitle them to compensation. Exchange of skipper, English speaking skipper only,
Exchange or replacement of the yacht with a yacht of a similar standard before or during the trip
Changing or shortening the route, changing the sequence, changing the port of departure and destination if these are not the responsibility of the service provider, e.g. due to extraordinary circumstances, decisions by state authorities, port capacities.
B13) Services not used
If the customer does not use individual services that Pavanudra was willing and able to provide in accordance with the contract for reasons attributable to the customer, the customer is not entitled to a pro rata refund. This does not apply if such reasons would have entitled you to withdraw free of charge or to terminate the service according to the statutory provisions.
B14) Liability
Limited Liability for Independent Contractors
The liability and responsibility of Pavanudra is limited to the ship. For all agreements that relate to additional offers and mediation, in particular sports offers,Pavanudra is only liable in its function as an agent and not for the services of third parties and any claims that may arise from them.
B14.1)
Participant Liability. The sole responsibility for damage caused by grossly negligent or intentional behavior by one or more participants lies with the person(s) responsible
B14.3)
liability for other services.Pavanudra assumes no liability for the provision of other individual services if these were arranged by Pavanudra. This applies in particular to return flights in the event of a delayed return arrival of the sailing trip or missing the departure of the sailing trip in the event of a late arrival.
B15) Right of Withdrawal
According to Section 312, Paragraph 7, No. 2 of the German Civil Code, the participant has no right of withdrawal from the concluded contract.
B16) Severability Clause, Place of Jurisdiction
Should one of the above provisions be or become invalid, the validity of the remaining provisions shall remain and the effectiveness of the contract shall be unaffected. The contract and these conditions are subject to German law. The judge of the regional court where Pavanudra is based is responsible.