General terms and conditions

1. The person who registers for and participates in a sailing trip is called the customer in the following part of the general terms and conditions.

2. The company, Soul Sail S.L.U (haftungsbeschränkt),Calle de Llorenc Vicens 1,2, 07002 Palma d. Mallorca, Spain, represented by its managing director Mr. Marco Ströhlein, is called the Organizer in the following part of the general terms and conditions.

3. The skipper is the person who is in charge of the yacht and is called skipper in the following part of the general terms and conditions.

4. The main client is the person who rents the whole boat from the Organizer on behalf of a group. Regulations concerning the client shall apply to the main client accordingly.

5. In case of registering for the sailing trip earlier than four weeks before the beginning of the journey, the customer has a period of seven days from the date of conclusion of the contract to pay 20% of the trip price as a deposit.

6. In case of registering for the sailing trip four weeks or later before the beginning of the journey, the customer has to pay 100% of the trip price within seven from the date of conclusion of the contract. In any case, the customer must have already transferred the full cost of the trip to the account of the Organizer at the beginning of the trip.

7. In case of registering for the sailing trip seven days before the beginning of the trip, the payment must be made within 24 hours.

8. The customer is entitled to a refund of the price of the trip if the cancellation is due to reasons for which the Organizer is responsible. This includes exclusively: a) Change of essential components of the contract. The withdrawal, for this reason, can be made within three days from the date of receipt of notification by the Organizer by electronic mail in return for confirmation. The absence of a reply within this period is considered as an acceptance of the changed conditions of the sailing trip b) Cancellation of the sailing trip.

9. Exchange of the yacht for another one of a similar standard does not mean a significant change in the terms of the contract.

10. The client can withdraw from the sailing trip at any time. The date of withdrawal is assumed to be: The day of receipt by the Organizer of a declaration of withdrawal by the Participant by mail or e-mail.

11. In case the Organizer offers discounted offers after the booking, the customer is not allowed to cancel/withdraw in order to book again afterward in order to benefit from the discount. In such a case, the price of the first, non-discounted booking shall apply.

12. In case of the customer’s withdrawal from the participation in the sailing trip, which is not the responsibility of the Organizer (such as refusal of passport issuance, lack of visa, lack of documents entitling to cross the border), the Organizer can make deductions from the payments made by the Participant. The maximum amount of deductions depends on the time between the day of cancellation and the day of the start of the sailing trip.
Cancellation and rebooking during COVID-19: Up to 30 days (90 days in the case of the Atlantic crossing) before the start of the cruise, cancellation/rebooking is free of charge.
– Up to 14 days before departure: 20 % of the tour price.
– Up to 7 days before departure: 50 % of the tour price.
– Up to 5 days before departure: 80 % of the tour price.
– Up to 48 hours before departure: 90 % of the tour price.
– In the event of non-commencement of the trip: 100 % of the tour price.

13. If a customer withdraws from the sailing trip but names another person who meets the conditions of participation and transfers them the rights and obligations under the contract, the organizer is entitled to only deuct a processing fee justified from the refund amount.

14. To avoid the incurrence of costs due to the abandonment of the sailing trip, the organizer recommends the conclusion of a travel cancellation insurance.
According to § 312g Abs. 2 Nr. 9 BGB the customer has no right of withdrawal from the concluded contract.

15. If a customer wants to change the date of the sailing trip after registration, the Organizer can charge a handling fee of 29 euros for this. The Organizer is not obliged to make a rebooking at the request of the customer. A rebooking can be made no later than six weeks before the start of the sailing trip.

16. In case of rebooking the date six weeks or earlier before the beginning of the chosen date, the Organizer can charge the customer a fee, the maximum amount of which will be equal to the rates in case of withdrawal from the participation.

In case of complications with the organization of the sailing trip, the Organizer reserves the right to cancel the trip up to three months before its start. After the cancellation, the customer will be refunded the amount paid for participation without any deductions within 30 days.

17. The Organizer reserves the right to cancel the sailing trip at any time for reasons beyond his control (decision of the state authorities, force majeure, etc.).

18. In the event that a sailing trip is canceled for reasons beyond the control of the Organizer, the customer will receive a voucher for the full amount of the trip price, contrary to what is stated in point 1, and can use it to book any other trip. A refund of the cruise price will not be made.

19. The customer will be informed about the cancellation of the sailing trip exclusively by e-mail.

20. The Organizer is liable for intent and gross negligence to the full extent of the statutory provisions. In the case of damages resulting from injury to life, body, health, product liability law, or essential contractual obligations, the company is already liable for any negligence. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely. There shall be no further liability.

21. During the sailing trip, the customer is obliged to carry the current required documents for the border crossing of his home country and the borders of the countries on the route of the sailing trip.

22. From the moment of embarkation to the moment of disembarkation, the client is obliged to follow the instructions of the skipper. The Participant must always be careful not to create danger for himself or other passengers.

23. The consumption of any illegal substances is prohibited and may lead to immediate exclusion from the trip without the customer being compensated for this exclusion.

24. In case of serious and persistent violation of order during the sailing trip by a client, which threatens the interests or safety principles, the skipper may prohibit the Participant from continuing the trip without compensating the Participant for this exclusion. The customer shall bear all costs of a further stay abroad and return home in such a case.

25. The customer is obliged to observe the customs and foreign exchange regulations of the countries located on the route of the sailing trip.

26. In case the customer wants to make a possible complaint, he is obliged to inform the skipper or the Organizer directly on the spot and during the trip. Objections and complaints made after the end of the trip cannot be considered.

27. The Organizer provides a yacht with a skipper. The Organizer reserves the right to use an English-speaking skipper if necessary, even at short notice.

28. The Organizer expects from the client an active and flexible approach to all problems arising during the trip.

29. The Organizer cannot guarantee that all elements of the yacht’s equipment will work properly. An ocean-going yacht consists of a lot of different parts that work in extreme conditions due to rocking and humidity. Therefore, the occurrence and elimination of accidents are an integral part of life on a yacht. Serious technical problems are solved by the mechanic representing the charter company. In case the mechanic is not able to get to the yacht, or in case of minor breakdowns, the active participation of the Participant includes assistance in repairing the breakdown if this does not exceed his possibilities.

The necessity of repairs during the sailing trip may lead to unscheduled stops in ports. Legally unimportant stays are those that do not exceed 24 hours for trips up to one week, 48 hours for trips up to two weeks, and 72 hours for trips longer than two weeks.

30. The Organizer is not responsible for changes and inconveniences that are not in his responsibility (e.g., force majeure, the decision of state authorities) and reserves the right to change the route and the number and order of visited ports by the skipper. The Organizer reserves the right to change the starting and ending ports of the trip at short notice and for reasons beyond the Organizer’s control.

31. The Organizer will not refund the value of services that were not fully used for reasons that are the responsibility of the Participant, such as delay at the meeting point, voluntary abandonment of part or all of the sailing trip.

32. If it is not possible to start or continue the sailing trip on the yacht specified in the offer for reasons that are not the responsibility of the Organizer, the Organizer has the right to exchange the yacht for another one of similar standard. In this case, the Participant is not entitled to any compensation.

33. The Organizer is not responsible for the Participant’s belongings destroyed, stolen, or left after the end of the sailing trip.

34. The responsibility for damages caused by gross negligence or intentional behavior of the Participant is borne exclusively by the Participant.

35. In case of damage caused on and to the yacht and not caused by gross negligence or willful misconduct of the Participant, the damage will be borne by the deposit insurance. The yacht is insured by the charter company against third-party liability and fully comprehensive insurance.

36. The insurance of the yacht does not include the damages caused by the client during the sailing trip. The customer declares to be in possession of foreign health insurance, which is valid in the respective country of travel. The Organizer expressly points out that many private liability insurers have listed an exclusion of liability in their insurance conditions with regard to the activity of sailing as a so-called dangerous sport. Possible insurance protection can be obtained by so-called berth insurance. The Organizer guarantees that the yachts are covered by national insurance and that the skipper has a skipper’s liability insurance.

37. In the event of the yacht being delayed, the Organizer does not refund the value of a missed return flight. Therefore, time reserves when booking the return flight and cancellation insurance for the flight are strongly recommended.

Exclusive bookings are bookings in the sense of these general terms and conditions, where a group books a complete ship for itself and thus excludes further external bookings on this ship. In this case, the “main customer” takes over the organizational process and the booking procedure.

38. The main customer is solely liable for the contractual obligations of the persons they specify in the registration to the Organizer.

39. All parts of these general terms and conditions apply accordingly to exclusive bookings.

If an individual itinerary is arranged at the request of the main customer, the obligation to perform follows exclusively from the corresponding concrete offer to the main customer and the respective registration confirmation. Even in the case of an individually agreed itinerary, the Organizer is entitled to change the itinerary during the voyage due to weather conditions to the extent necessary for the safe execution of the sailing trip. This requirement lies exclusively in the decision of the skipper or the management of the Organizer.

The place of jurisdiction is the customer’s place of residence.

If any part of this agreement is or becomes invalid or unenforceable, the other parts shall remain in effect. Ineffective parts shall be settled according to the spirit and purpose of this agreement.

Status: 08.04.2022