Standard Business Terms (SBT)

General sailing terms and conditions on the sailing yacht “Ballerina”

(represented by skipper/shipmaster Patrick N. Bertrand)

  1. Cruise price
    • The cruise price includes a berth on the yacht and the expert support by the skipper. An onboard cash box will be set up for catering, diesel, gas and harbour dues.
  2. Insurance & liability
    • Liability and comprehensive insurance are in place for the yacht Ballerina. However, each guest is liable to the skipper for damages and/or losses caused by wilful negligence up to the maximum amount of EUR 1,000.00 per claim. You are liable in full in the event damages are the result of intentional acts or gross negligence. Damages caused to the ship and/or furnishings and fixtures must be reimbursed on site. In order to cover your personal accident risks, the skipper recommends that you have your liability, accident, health and travel cancellation insurance checked and, if necessary, supplemented. The skipper shall only be liable for damages resulting from participation in our sailing voyage (personal injury and/or damage to property as well as possible consequential damage) if such damages are attributable to fault in his function as skipper or if the skipper is proven to have committed gross negligence or a gross violation of the recognised rules of seamanship. The yacht owner and/or skippers are not liable for the loss of, or damage to, personal property of other sailing guests.
  3. Performance by the organiser/force majeure
    • The planned route of the voyage depends on the weather and may be changed by the skipper. The same applies to unforeseeable technical defects, accidents or the like. Changes in the route of the voyage for the aforementioned reasons do not give rise to a right to assert claims for compensation. If the sailing route is changed owing to bad weather conditions, or the voyage is made considerably more difficult, endangered or impaired, and has to be interrupted, which may also change the departure and/or destination ports, the skipper assumes no liability for any such changes or any related consequences. The skipper is entitled to exclude participants from further participation in the voyage for good cause and to expel them from the vessel at the nearest port. Good cause may comprise behaviour contrary to the interests of the crew and failure to follow the instructions of the skipper as well as breaches of safety regulations. By booking a voyage, the sailing guest confirms that they are physically healthy, that they have compensated for any visual impairments by means of glasses or contact lenses, and that they are able to swim. Before commencing the voyage, the skipper shall draw up a crew list. It contains the names, addresses and identification numbers of all sailing guests.
  4. Sailing contract and payment
    • A deposit of 20% of the cruise price is due upon acceptance of the sailing contract. The remaining payment must be received by the skipper at least 4 weeks before the start of the cruise. If a voyage is booked within the four-week period before the start of the cruise, the entire price must be paid immediately. Arrival and departure are at the expense of the participant and are not part of the sailing contract. In the following cases, the skipper may withdraw from the sailing contract before the start of the voyage or terminate the sailing contract after the start of the voyage:
      1. One to two weeks before the start of the voyage, the skipper may cancel a voyage if the advertised minimum number of participants required for safety reasons is not reached, provided a minimum number of participants required for safe operations is indicated in the advertisement for the respective voyage. Voyage cancellation will be communicated to the participant immediately after the conditions for cancellation have been met, and any part of the trip price paid in advance will be refunded.
      2. Up to four weeks before the start of the voyage, if the process of conducting the voyage would prove unreasonable for the skipper because the resulting costs would represent an unacceptable economic loss – despite exhausting all options – with regard to the voyage in question through no fault of the skipper’s. In such cases, any part of the trip price paid in advance will be refunded without undue delay.
  5. Cancellation costs
    • A processing fee of 20% of the tour price per person will be due (down payment) up to 30 days before the start of the voyage. Starting with the 29th day before commencement of travel, 100% of the trip price will be due.
    • If the sailing guest wishes to withdraw from the contract for good cause, they may provide a suitable replacement person to take over the contract. In the event of cancellation, the skipper will endeavour to find another sailing guest. If these efforts are successful, the sailing guest is entitled to a refund of 80% of the cruise price. Cancellation insurance is expressly recommended in the event of trip cancellation.