General Terms and Conditions / Co-Sailing Agreement
1. Booking and contract conclusion
After the booking has been completed, the fellow sailor receives a booking confirmation. The contract becomes effective when the booking has been accepted by Swiss Catamaran Sailing Club and the deposit amount has been received by Swiss Catamaran Sailing Club. By booking, the co-sailor agrees to all contractual conditions and the general terms and conditions.
2. Conditions of participation for sailing trips
For safety reasons and to guarantee a smooth process, the instructions of the skipper must be followed. By booking, the fellow sailor acknowledges that he is a crew member and that he is taking part in a sailing trip in which active assistance on board may be necessary and therefore expected in the interests of good seamanship. Furthermore, the fellow sailor acknowledges that despite all the safety measures taken by the Swiss Catamaran Sailing Club, a sailing trip always involves a certain residual risk.
3. Payment terms
When the trip booking is made, a deposit of 50% of the total price must be paid to the Swiss Catamaran Sailing Club account. The remaining amount is due 30 days before the start of the cruise.
4. Withdrawal, rebooking
The fellow sailor can withdraw from the contract at any time. The cancellation costs are:
up to the 30th day before the start of the cruise 50% of the total booking amount
from the 29th day before the start of the cruise 100% of the total booking amount
The fellow sailor has the option of assigning his cruise contract to a third party, but the Swiss Catamaran Sailing Club is not obliged to accept this assignment if the third party does not meet the conditions of participation (point 2). If the fellow sailor wishes to make changes to the sailing area or the cruise date after the conclusion of the contract, the request will be pursued as best as possible, but there is no legal claim.
5. Resignation by the Swiss Catamaran Sailing Club
Swiss Catamaran Sailing Club reserves the right to withdraw from the cruise contract before the start of a sailing trip if its implementation becomes impossible or endangered due to special circumstances that were not foreseeable when the contract was concluded. Such circumstances are force majeure or insufficient availability of the ship for reasons for which Swiss Catamaran Sailing Club is not responsible. If the Swiss Catamaran Sailing Club withdraws for one of the reasons mentioned, the fellow sailor will receive back payments made as well as cancellation fees incurred for arrival and departure. Further claims against the Swiss Catamaran Sailing Club, for whatever legal reason, are excluded.
If a fellow sailor injures or endangers his or the safety of the other fellow sailors through his behavior or if the instructions of the skipper are repeatedly not followed, the fellow sailor can be excluded from the further course of the trip after reaching the next port. In this case the contract expires and there are no further legal claims.
6. Scope of services
Swiss Catamaran Sailing Club offers cabins on sailing catamarans for sailing trips with a skipper. Swiss Catamaran Sailing Club is obliged to provide the yacht (with crew) in proper condition at the times specified in the cruise contract. In the event that the booked yacht is not available in proper condition (e.g. technical defect), Swiss Catamaran Sailing Club is obliged to provide another yacht as a replacement.
A sailing trip depends on wind and weather. Delays, route changes or any defects that may occur during a trip can sometimes not be avoided despite the greatest possible care and therefore do not entitle you to any claims against Swiss Catamaran Sailing Club. With a cruise duration of 1 week, the fellow sailor can expect a waiting time of 24 hours. A waiting time of 48 hours is considered reasonable for a cruise duration of 2 weeks and 72 hours for a cruise duration of more than 2 weeks. The first and last days of a sailing trip are arrival and departure days and are usually not considered sailing days. The journey to and from the sailing trip is a matter for the fellow sailor and is outside the scope of the services and responsibility of the Swiss Catamaran Sailing Club. The services provided by the Swiss Catamaran Sailing Club include all costs on board for meals, bed linen and towels, water, electricity and fuel.
7. Liability and Insurance
Swiss Catamaran Sailing Club is only liable for damage caused to the fellow sailor through intent or gross negligence, but not more than three times the price of the cruise. Swiss Catamaran Sailing Club is not liable for changed travel routes, deviations from the expected number of miles stated and unplanned lay times that may arise as a result of repairs or other unforeseeable events, in particular due to weather conditions and force majeure. Further claims are excluded.
Private insurance against illness and accidents is the responsibility of the sailor. It is recommended that you take out travel cancellation insurance.
8. Legal regulations abroad
The fellow sailor is responsible for compliance with passport, visa, foreign exchange, customs and health regulations as well as compliance with the laws of the countries visited.
9. Data management and copyrights
With the booking, the co-sailor agrees that his data will be stored on the data carriers of the Swiss Catamaran Sailing Club in compliance with the data protection law. Furthermore, the co-sailor agrees that image, film and sound material which he hands over to Swiss Catamaran Sailing Club during the sailing trip or after the sailing trip can be used by Swiss Catamaran Sailing Club for advertising purposes.
Should a provision of the cruise contract become invalid, the remaining provisions apply. Invalid provisions are to be replaced by those that are valid and come closest to the previously invalid provisions. All data correspond to the date of going to print. The Swiss Catamaran Sailing Club reserves the right to make any changes. The place of jurisdiction is Zug (Switzerland).