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Sailing Meisol

GENERAL TERMS
& CONDITIONS

Last update 13/11/2023

 

These general terms and conditions (the “General Terms and Conditions”) govern the relationship between Sailing Meisol GmbH (hereinafter “Sailing Meisol”), Company number: CHE-198.260.080, and the participants (the “Participant”) identified when creating a reservation.

  1. Registration

1.1. By registering for the sailing trip, the Participant agrees to these terms and conditions. This also applies when booking the sailing trip through another company. Deviations from these General Terms and Conditions only apply to the extent that they are expressly permitted under these General Terms and Conditions.

1.2. By registering, the Participant offers Sailing Meisol the conclusion of a contract to take part in a sailing trip. *To register, the Participant must pay the full price requested.

1.3. The basis of the contract is the current information on the website (www.sailing-meisol.ch) including the service description and prices contained therein as well as these general terms and conditions.

1.4. *After receiving the payment, Sailing Meisol will send the Participant a confirmation of receipt by email. The contract is concluded upon acceptance by Sailing Meisol in the form of sending the booking confirmation by email.
*) If the participant books the sailing trip through another company, there is no need to book again with Sailing Meisol. In both cases, the contract with Sailing Meisol is concluded when Sailing Meisol sends the booking confirmation by email.

2. Benefits

 

2.1. The scope of the services results from the information provided by Sailing Meisol on the website at the prices stated there. Sailing Meisol is entitled to make changes, in particular with regard to the departure and arrival port, the route and the schedule of the sailing trip, if these have become necessary and are due to the usual reasons in the context of seafaring and were not brought about by Sailing Meisol against good faith. In rare cases, departure from another starting port or arrival at another destination port can take place at short notice. In this case, Sailing Meisol will inform the Participant about the changed services immediately and, if possible, before the start of the trip. The changed service then replaces the originally contractually agreed service.

2.2. The sailing trip includes accommodation in a double berth and the use of all facilities on board, the provision of bed linen and the final cleaning of the sailing yacht and the management of the sailing yacht by a skipper and a hostess. The functionality of all facilities on board at all times cannot be guaranteed on the sailing yacht due to the external conditions. Costs of the sailing trip, such as port and mooring fees, on board meals, water and fuel, are also included in the prices listed on the website. The only additional cost is alcohol which is not included in the price.

2.3. Arrival and departure as well as transfer are not part of the booked sailing trip and are not included in the prices listed on the website. They must be organized by the participant himself and at his own expense.

2.4. 30 days before departure, the Participant also owes the full price of the sailing trip if he is unable to start the sailing trip at his place of departure due to personal reasons or legal or official restrictions. Conversely, Sailing Meisols’ obligation to provide services and the Participant’s obligation to pay the price of the sailing trip no longer apply if the sailing trip cannot be carried out due to legal or official restrictions in the respective sailing area.

3. Start and end of the sailing trip

 

3.1. The sailing trip begins every Saturday in the afternoon around 4:00 p.m. The sailing trip ends every Friday morning around 10:00 a.m. The yacht is not available on Friday from 11:00 a.m. to approximately Saturday 2:00 p.m. This time is needed for service, laundry, cleaning and grosseries shopping.

4. Payment Terms

 

4.1. Sailing Meisol will issue an invoice for the price after conclusion of the contract for participation in a sailing trip.

4.2. Full payment is due upon receipt of the invoice.

4.3. When booking the sailing trip through another company, clauses 5.1 to 5.3 apply instead. These General Terms and Conditions include the payment terms and conditions of the company through which the sailing trip was booked. The validity of Sailing Meisol other terms and conditions remains unaffected.

5. Conditions of participation and information obligations

 

5.1. The sailing trip is a sporting event. By registering for a sailing trip, the Participant immediately declares that his physical and mental state of health enables him to take part in the sailing trip and that he can stay afloat in the sea for at least 20 minutes, in particular by swimming. When taking children with you, only the participating legal guardians are required to supervise them.

5.2. In case of doubts regarding the fulfillment of these conditions, the Participant is obliged to contact Sailing Meisol before registering for the sailing trip. In any case, the skipper must be informed about any relevant illnesses (e.g. diabetes) at the beginning of the sailing trip and any assistance measures should be explained.

5.3. The participant acknowledges that from a sailing, nautical and navigational point of view, only the decisions of the responsible skipper appointed by Sailing Meisol are decisive on board. He declares that he will strictly follow the skipper’s technical instructions.

6. Withdrawal

 

6.1. Before the start of the sailing trip, the Participant can withdraw from the contract at any time.

6.2. If the Participant withdraws from the contract 30 days before the start of the sailing trip, Sailing Meisol will refund 70% of the price, while 30% will be retained as a compensation. If the Participant withdraws from the contract 30 days after the start of the sailing trip, Sailing Meisol is entitled to retain the 100% of the agreed price.

6.3. Sailing Meisol can withdraw from the contract before the start of the sailing trip if Sailing Meisol is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; In this case, Sailing Meisol will declare the withdrawal immediately after becoming aware of the reason for the withdrawal.

6.4. In the event of withdrawal by the Participant or Sailing Meisol, Sailing Meisol will reimburse the Participant the travel price, subject to the participant rebooking on a comparable sailing trip and less any costs, immediately, but at the latest within refunded within 14 days.

7. Termination

 

7.1. Sailing Meisol can terminate the contract extraordinarily with immediate effect. An extraordinary reason for termination exists in particular if:

– the Participant, contrary to his declaration, does not have physical or psychological suitability.

– the Participant, contrary to his declaration and despite a corresponding warning, does not comply with his obligation to strictly follow the skipper’s instructions in sailing, nautical and navigational terms or otherwise endangers or disrupts the execution of the sailing trip through his behavior or his health or the physical integrity of other participants is endangered.

7.2. In the event of extraordinary termination by Sailing Meisol, Sailing Meisol retains the right to the full agreed price.

7.3. The statutory termination rights remain unaffected by this regulation.

8. Damages

 

8.1. The participant are fully liable of any damage caused by him to the sailing yatch through negligence or intent.

8.2. Taking out an insurance is expressly recommended.

9. Liability

 

9.1. During the sailing trip there may be unscheduled port stays (e.g. due to necessary repairs). These do not represent a significant impairment of the sailing trip for a period of 48 hours and do not give rise to the right to termination or claims for damages.

9.2. The yacht may be delayed on the day of departure (e.g. due to unforeseeable weather conditions). When booking the return flight, the participant should therefore allow for sufficient time reserves (at least 6 hours between the end of the sailing trip and the return flight).

9.3. The contractual liability of Sailing Meisol and its vicarious agents for compensation for damages that are not physical injuries is limited in total to the amount of three times the price of the sailing trip, provided that the participant’s damage was not caused intentionally or through gross negligence by Sailing Meisol. The limitation of liability to three times the price also applies if Sailing Meisol is responsible for damage suffered by the participant, which is not physical damage, solely due to the fault of a service provider (e.g. owner of the yacht).

9.4. Furthermore, liability is excluded if the damage is not due to intent or gross negligence on the part of Sailing Meisol or to injury to life, body or health.

9.5. Unless otherwise stipulated in these General Terms and Conditions, Sailing Meisol is not liable for unavoidable events, in particular war, civil war, strikes, natural events, epidemics (including epidemics and pandemics), which arise or become known after the conclusion of the contract.

9.6. Taking out travel cancellation insurance is expressly recommended.

10. Passport, visa, customs, foreign exchange and health regulations

 

10.1. The Participant independently informs himself about the the current, relevant passport, visa and health regulations and the customs and foreign exchange regulations of the countries on the route of the sailing trip.

10.2. The Participant bears any costs and disadvantages resulting from non-compliance with passport, visa, customs, foreign exchange and health regulations.

11. Data Protection

11.1Sailing Meisol undertakes to process personal data lawfully, in good faith and transparently, and in compliance with the applicable data protection regulations.

11.2. Verbal collateral agreements do not exist. Changes and additions to the contract and these general terms and conditions must be made in writing. This also applies to this written form clause.

11.3. Swiss law applies exclusively.

 
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