GTC

Dear customers, we endeavour to satisfy you with our offer. An essential prerequisite for this is compliance with the following terms and conditions of business and participation, which form part of the contract concluded with us for participation in training courses or sailing trips, as well as for the purchase of items from our shop.

General Terms and Conditions for Participation in Training Courses and Sailing Trips on the EYE OF THE WIND
and purchase of articles in the online shop of FORUM train & sail GmbH

1. conclusion of the contract

By registering, the customer offers FORUM train & sail GmbH, Mandichostrasse 18, 86504 Merching - hereinafter referred to as the organiser - the binding conclusion of a training, travel or charter contract.

Registration can be made by telephone, in writing, by fax or electronically (e-mail, Internet). It is also made by the registering customer for all other participants listed in the registration, for whose contractual obligations the registering customer is responsible as for his own obligations.

The contract is concluded upon acceptance by the organiser. Acceptance is effected by written booking confirmation or conclusion of a charter contract.

If the content of the confirmation sent by the organiser differs from the content of the registration, this shall constitute a new offer by the organiser, to which the organiser shall be bound for a period of five days, starting from the date of the confirmation. The contract is concluded on the basis of this new offer if the customer declares acceptance to the organiser within the five-day period.

2. benefits

Which services are contractually agreed is determined by the respective service descriptions on the individual pages of the organiser's website, as well as by the corresponding descriptions in brochures, catalogues or by the information in the booking confirmation, invoice or offer as amended. In cases of doubt, the details in the booking confirmation are decisive.

Deviating services and special requests that change the scope of the planned services are only binding if they are expressly confirmed in writing by the organiser.

Third-party fees (e.g. visa fees) and individual third-party services provided by other companies which are not part of our own event and/or which are expressly arranged solely on behalf of third parties, such as flights, rental cars, restaurant visits, concerts and theatre events, museum visits, excursions, sports and other events, are not included in the tour price (hereinafter also referred to as "remuneration").

3. payment

Unless otherwise agreed in writing, invoices are due for payment within ten days of invoicing in the invoiced currency without deduction and free of bank charges to the account stated on the invoice, but no later than four weeks before the start of the training, sailing trip or charter.

For bookings made within four weeks of the event date and for day trips, the entire invoice is due immediately.

The travel or participant documents (e.g. boarding pass/voucher) will be sent or handed over to the customer after receipt of full payment.

If the customer defaults on payment of the remuneration in part or in full, the organiser is entitled to withdraw from the contract and demand compensation.

4. cancellation conditions, substitution or rebooking, unused services

Cancellation of a booked event is possible at any time. However, the organiser can only accept a cancellation in text form.

For training courses and sailing trips, cancellation free of charge is possible up to 120 days before the start of the training course or event at the latest. In the event of cancellation up to 60 days before the start of the event at the latest, a cancellation fee of 50% of the fee is payable. In the event of later cancellation or non-participation, the full amount is due. The customer has the right to prove that the organiser has only suffered a lesser loss as a result of non-participation.

In the case of boat hire, cancellation free of charge is possible up to 160 days before the start of the hire period at the latest. In the event of cancellation up to 80 days before the start of the event at the latest, a cancellation fee of 50% of the remuneration must be paid. In the event of later cancellation or non-participation, the full amount is due. The customer has the right to prove that the organiser has only suffered a lesser loss as a result of non-participation.

The registered participant may nominate a substitute participant who will take part in the training or sailing trip in his/her place or use the charter. The participant can also be rebooked for another event date if this can be offered by the organiser. The notification of a replacement participant or the rebooking must be made in writing and will only become effective with the organiser's consent. The organiser will grant consent if there are no important reasons preventing the rebooking or substitute participation. In this case, no additional fees will be charged.

Tickets for day trips (e.g. Kieler Woche, Hamburger Hafengeburtstag, Hanse Sail Rostock) cannot be returned or cancelled.

If a third party enters into the contract, it and the customer shall be jointly and severally liable to the organiser for the remuneration.

If the customer does not utilise individual services as a result of premature return or for other reasons, this shall not result in a repayment claim. Nor is the customer entitled to claim the unused services at a later date.

5. insurances

Travel cancellation insurance, accident insurance and luggage insurance are not included in the price. The conclusion of such insurance is recommended, but is subject to the customer's own decision. The organiser is not involved in the settlement of claims.

6. reservation of the right to change and implement and the Organiser's right of withdrawal

Information on the speaker for training courses, the itinerary, the travel schedule and travel times from the Organiser's publications are non-binding. The organiser is entitled to change the itinerary or schedule for good cause, in particular for technical, safety or weather-related reasons. In particular, the ship's command may refrain from departing from a certain port or calling at a certain harbour at a certain time. It may also call at a harbour other than the one planned. The participant will be informed immediately of any changes to the sailing plan. The organiser shall assist as far as possible with organisational measures resulting from the changes for the participant, but shall not bear their costs. A claim for a reduction in the tour price or compensation is excluded. If the ship arrives late at the port of departure and the passenger therefore has to stay overnight in a hotel, the organiser will reimburse the proven costs up to an amount of 80 euros per night and person.

The organiser reserves the right to cancel training courses and sailing trips if the number of participants is too low up to two weeks before the start of the course at the latest. Any fees already paid will then be refunded. This does not give rise to any further claims (please note when booking travel tickets or overnight stays).

7. cancellation of the contract due to exceptional circumstances

Cancellation by the organiser

For important reasons, such as technical, safety or weather-related reasons, the organiser may be forced to cancel a trip completely and is entitled to withdraw from the contract. In the event of cancellation before the start of the trip, the organiser shall refund the entire trip price. In the event of cancellation after the start of the trip, the organiser shall reimburse the proportionate travel price as well as the proven and reasonable costs of arrival and departure to/from the planned port of departure/arrival. Any further claims, in particular claims for damages, are excluded.

Cancellation by the passenger

In the event of an actual delay or an expected delay announced by the organiser of the ship and the itinerary of more than seven days for a trip lasting more than two weeks or more than three days for a trip lasting up to two weeks, the passenger is entitled to withdraw from the contract. In the event of cancellation before the start of the trip, the passenger will be reimbursed the full price already paid. In the event of cancellation after the start of the trip, the organiser shall reimburse the proportionate travel price as well as the proven and reasonable costs of the journey home from the port at which the passenger leaves the ship. Any further claims, in particular claims for damages, are excluded.

8 On-board regulations

Every passenger must behave on board in such a way that the operation of the ship is not hindered and other passengers are not endangered or inconvenienced. All instructions issued by the ship's command in the interest of the safety of the ship and the persons on board must be complied with immediately. A participant who persistently violates the order on board, breaches legal or official regulations, causes damage to property or harasses other passengers will be excluded from continuing the journey.

This participant is not entitled to a refund of the travel and/or training price. This participant shall bear the additional costs associated with his/her behaviour (e.g. for the journey home) as well as any additional costs incurred by the organiser.

9. liability

The organiser's liability for damages other than personal injury is limited to three times the travel or training price, unless the organiser has caused the customer's damage intentionally or through gross negligence.

The organiser is not liable for disruptions to services that are merely arranged as third-party services (e.g. guided tours, excursions, etc.).

10. limitation period

The participant must assert claims against the organiser due to non-contractual provision of the trip or training within one month of the contractually agreed end of the trip or training.

Liability claims for defects arising from the travel or training contract expire within one year. The limitation period begins on the day on which the event was scheduled to end.

11 Obligations to co-operate and conditions of participation in training and sailing trips

The customer must ensure that they board the ship in good time before departure with their travel and participant documents. If additional costs are incurred due to delays on the part of the customer, the customer is obliged to reimburse these.

The participant is obliged to bring any complaints to the attention of the relevant contact person (e.g. the captain, guest relations officer) without delay. If the participant fails to report a defect immediately, any claim to a reduction in price shall lapse. Any promises made by the local authorities are not binding on the organiser. The participant is obliged to co-operate within the framework of the statutory provisions in the event of service disruptions, to avoid possible damage or to contribute to minimising damage.

By registering, the participant declares that no health concerns exist or are known against participation in sailing trips and training on the ship.

In addition, the participant undertakes to ensure his physical fitness for the sailing trip, to observe himself during the sailing trip and to inform the responsible contact persons (e.g. captain, guest counsellor) immediately if his fitness is impaired. They will then decide whether further participation of the impaired participant is possible. Under no circumstances shall the organiser be liable for physical injury or damage to property caused by illness, psychological problems, misconduct or other acute impairments of fitness of the tour participant, without the organiser or one of its assistants being responsible for this.

12. restrictions for expectant mothers and babies

For safety reasons and due to the limited medical care on board, the carriage of expectant mothers who are 24 weeks or more pregnant at the start of the voyage and babies up to the age of six months is not possible. On all routes with three or more consecutive days at sea, a minimum age of twelve months applies to infants.

13. accommodation

Accommodation and overnight stays are provided in 2-person cabins, as is customary on ships. The organiser is entitled to book a second person into the customer's cabin.

On request, individual accommodation is possible for an additional charge, provided the occupancy status of the ship permits. In this case, the customer must enquire in good time.

14. passport, visa, customs, foreign exchange and health regulations

The traveller is responsible for compliance with passport, visa, customs, foreign exchange and health regulations. All disadvantages arising from non-compliance with these regulations shall be borne by the traveller, even if these regulations are changed after booking.

15. luggage

The customer may take up to 20 kg of luggage per person free of charge, unless otherwise stated. The organiser is not liable for loss of or damage to luggage or valuables.

The carriage of special luggage such as diving equipment, surfboards, wheelchairs, animals etc. is not part of the contract concluded with the organiser.

It is strictly forbidden to take along objects (weapons, drugs, etc.) that violate applicable law (customs law, weapons law, etc.). In the event of an offence, the customer is obliged to pay compensation.

16. photographs, film and sound recordings

The organiser is entitled to make photographs, film and sound recordings of the boat and the people on board during an event (sailing trip or training). By participating, the participant authorises the organiser to use these photographs, film and sound recordings for advertising and information purposes.

Photographs, film and sound recordings provided to the organiser by participants may also be used by the organiser without restriction for advertising and information purposes.

The exercise of these rights does not require any further information from the participants or their express authorisation.

17 Validity

Orders are accepted and deliveries are made exclusively in accordance with our following terms of delivery and payment. The regulations of the German Book Trade Association are expressly excluded.

18. deliveries

If the buyer is an entrepreneur, despatch shall be at the buyer's risk and expense, unless otherwise agreed in writing. Otherwise the prices apply ex organiser, plus postage, packaging and handling if applicable.

The delivered goods remain the property of the organiser until the invoice amount has been paid in full. Digital products will be sent by e-mail or download link to the e-mail address provided.

19. liability for defects

The statutory liability for defects applies.

20 Copyright protection:

Our products are protected by copyright. We would like to point out that any unauthorised reproduction or use of our products constitutes an infringement of copyright, which may have consequences under private and criminal law.

21 Data protection / data storage

Note according to § 33 BDSG: The storage and processing of customer data is carried out in strict compliance with the Federal Data Protection Act. Customer data is stored for processing and billing purposes in the form of title, surname, first name and title of the customer, the name of the company, postal address or address of the company or customer, telephone number, fax and e-mail address. Furthermore, address and order data are collected and processed for our own marketing purposes.

You can object to the use, processing and transmission of your personal data for marketing purposes at any time with effect for the future. The objection should be addressed to: FORUM train & sail GmbH, fax (08233) 3 81 99 43 or phone (08233) 38 1 227. However, this does not apply to the data required to process your order. After receiving your objection, we will no longer use, process or transmit the data concerned for purposes other than processing your order.

22. place of fulfilment and jurisdiction

Unless otherwise specified, the place of fulfilment is the organiser's sailing ship "Eye of the Wind" or, if applicable, a replacement ship.

For merchants or legal entities under public law and special funds under public law, the place of jurisdiction is the local or regional court responsible for the organiser's place of business.

It is based exclusively on German law.

23 General and severability clause

The information in these terms and conditions and in catalogues, brochures, flyers, etc. is correct at the time of printing. Errors, printing and calculation errors are expressly reserved.

If individual provisions of these General Terms and Conditions are or become invalid or ineffective, this shall not affect the validity of the remaining provisions.

24. cancellation policy towards consumers

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (FORUM train & sail GmbH, Mandichostraße 18, 86504 Merching, E-Mail: info@eyeofthewind.net Fax: 08233-381-99 43) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the service should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

25. cancellation policy for consumers when purchasing goods

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods or, in the case of a contract for the regular delivery of goods over a fixed period of time, on the day on which you or a third party named by you, who is not the carrier, took possession of the first goods.

To exercise the right to cancel, you must inform us (FORUM train & sail GmbH, Mandichostraße 18, 86504 Merching, E-Mail: info@eyeofthewind.net Fax: 08233-381-99 43) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

We bear the costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

26. other

If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or self-employed activity when concluding the contract, the right of cancellation does not apply.

Status 28 September 2016

FORUM train & sail GmbH
Mandichostrasse 18
86504 Merching 
info@eyeofthewind.net

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