General terms and conditions of business and carriage

1. Conclusion of contract

a) By registering, the customer offers First Class Yacht Charter the binding conclusion of a contract of carriage. The contract is based on the following conditions of carriage with the written or telephone acceptance by the company First Class Yacht Charter. If the content of the confirmation of carriage differs from the content of the registration, a new offer from First Class Yacht Charter is available. The contract is concluded on the basis of this new offer if the customer declares acceptance to First Class Yacht Charter within the commitment period of 2 days.

b) A contract is only concluded if it is confirmed in writing by First Class Yacht Charter.

c) Tariff list and confirmation of service are part of the contract terms.

2. Compensation

a) The yacht or boat rental begins at the place of rental as stated in the contract and also ends at the place of rental. In the case of one-day transport, the period to be calculated is the duration of the desired yacht and boat rental from leaving the rental location to returning. In the case of trips lasting several days, the costs for overnight stays in a middle-class hotel must be borne. Working hours are calculated on the second day from the start of work, however, no later than 8:00 a.m. in the morning. The return trip arrangement corresponds to the one-day trip.

b) The current prices of First Class Yacht Charter apply on the day of the trip.

c) In the case of flat-rate agreements, the agreed price applies to the agreed rental period. For the time beyond that, the prices are calculated according to the currently valid price list. Hours started will be charged in full.

3. Terms of Payment

a) All prices include VAT, which is currently 21%.

b) Before the start of the trip, 50% of the total price will be required as a deposit in advance by the company First Class Yacht Charter.

c) The remaining payments are due for payment within the periods stated on the invoice. Payments are always used to settle the oldest claim, unless there are other payment terms to be paid immediately from the invoice date.

d) The timeliness of the payment depends on the receipt of the amount for unconditional disposal by First Class Yacht Charter.

e) In the event of default in payment, the company First Class Yacht Charter will charge the customer interest of 8% above the applicable discount rate of the Deutsche Bundesbank.

4. Cancellation

Cancellations will only be effective if made in writing, verbal cancellations if confirmed in writing by First Class Yacht Charter.

a) Cancellations up to and including 5 days before the contractually agreed start will be charged at 80%.

b) In the event of later cancellations and failure to start the journey, First Class Yacht Charter will charge the full fare.

c) The company First Class Yacht Charter calculates special expenses that are not included in the tariff list, regardless of the timeliness of the cancellation.

d) The timeliness of written cancellations depends on the receipt by First Class Yacht Charter. In the case of verbal cancellations, it depends on the receipt, which is confirmed in writing by First Class Yacht Charter.

5. Delays

Additional costs due to delays are at the expense of the customer, unless the delays are due to the fault of First Class Yacht Charter or the skipper / captain.

6. Carriage

a) There is no obligation to transport. Only passengers who have reached the age of seven are transported.

b) The passengers have to follow the instructions of the skipper / captain.

c) If passengers act contrary to the instructions of First Class Yacht Charter or the skipper / captain, or pose a threat or the safety of shipping by impairments of the skipper / captain and or crew, the company First Class Yacht Charter or the Skipper entitled to exclude them from carriage. In this case, the company First Class Yacht Charter calculates the full fare including the additional expenses and all ancillary and special services.

d) Smoking and the consumption of food and alcoholic beverages you have brought with you is strictly prohibited on the yachts and boats and will automatically result in the trip being canceled if a passenger does not follow the instructions of the skipper/captain.

e) Beverages brought along may not be consumed in the vehicle. However, if a passenger violates the terms and conditions, the drinks will be charged according to our drinks menu.

f) Additionally booked catering is ordered and paid for in advance by the customer. The consumption of the ordered catering is permitted.

7. Withdrawal

The company First Class Yacht Charter is entitled to withdraw from the contract at any time if it becomes impossible to carry out the trip or if the customer violates an obligation incumbent on him under these contractual provisions, in particular if he fails to make the down payment specified in Section 3.

8. Customer Liability

The customer is liable for all culpable damage caused by him or the passengers. If the passenger does not accept the rental price, the customer is liable for payment.

9. Liability of First Class Yacht Charter Company

a) First Class Yacht Charter accepts no liability for damage, unless the damage is due to intent or gross negligence on the part of First Class Yacht Charter or the skipper/captain.

b) In the event of damage to property, the liability of First Class Yacht Charter is limited to €100 for each endangered person.

10. Scope of Insurance

The following insurance exists for the vehicle in accordance with the applicable General Insurance Conditions:

a) Liability insurance with a flat-rate sum insured of EUR 50 million for personal injury, property damage and financial loss.

11. Jurisdiction

The agreed place of jurisdiction for all disputes is xxxx if the customer is a merchant.

12. Partial Invalidity

Should one of the above conditions be ineffective, the remaining conditions remain unaffected by the ineffectiveness.

Stand : 28 03 2023