General travel conditions for sailing trips:

Article 1. Definitions

The following definitions are used in these general terms and conditions and in the related contract:

a. Provider: The skipper and lease partner of the ship, represented in this regard by "souslevent", Christian Vetsch as agent.
b. Contract: Every contract concluded by the provider and the traveler, as well as any amendment or addition to it, in which the provider undertakes to the traveler to organize a trip on board his ship and to which these general terms and conditions apply.
c. Traveler: Any (legal) person who enters into a contract with the provider as described in Article 1b.
d. Fellow travelers: Any (legal) person registered by the traveler in order to make use of the provider's services.
e. Sailing trip: Everything that has to do with the journey and the stay on board the ship for the duration specified in the contract. Travel to and from the port of embarkation / disembarkation is not included in the duration.
f. Baggage: The baggage that the (fellow) traveler carries on or with him during the sailing trip as an item that is easy to take with him or that can be carried by hand.
G. Ship: The ship with which the voyage named in the contract takes place.
H. Price: The price specified in the contract for the trip and other services.

Article 2. Formation and content of the contract

2.1 The contract is concluded by accepting the offer of the provider on the part of the traveler, either directly or through the intervention of an intermediary.

2.2 The traveler, who also concludes a contract on behalf of the fellow traveler, is jointly and severally liable for all obligations arising from the contract.

2.3 The traveler is obliged to report relevant, personal circumstances that can influence the execution of the trip (illness / disabilities, etc.) when booking. This obligation also applies to fellow travelers if the traveler signs a contract on behalf of a fellow traveler.

2.4 The publication containing the agreed sailing trip is also part of the contract. Obvious errors and oversights in the publication are not binding for the provider.

2.5 The provider bears no responsibility for brochures and other information documents if they were published under the responsibility of third parties.

2.6 Deviating conditions apply exclusively insofar as they have been expressly accepted in writing by the provider, and they only apply to the respective contract or contracts.

2.7 Changes and additions to a provision of the contract and these terms and conditions are only valid if they have been agreed in writing.

2.8 The contract and these conditions contain the full content of the rights and obligations of the provider and the traveler.

2.9 If this text and the text in another language do not match, the German text applies.

2.10 If provisions of these terms and conditions are not valid for whatever reason, then the remaining terms and conditions will remain in effect. Invalid provisions will be replaced by a provision that corresponds as far as possible to the content of the invalid provision.

2.11 These terms and conditions also extend to all natural and legal persons that the provider used or used in the broadest sense of the word when concluding and / or executing the contract or in conducting his business.

2.12 Should there be any differences between the contract and these General Terms and Conditions, the provisions of the contract shall prevail.

2.13 If certain things are preferred by the traveler and confirmed as a preference, the respective preference will be taken into account as far as possible. However, a preference can never be guaranteed and is then not binding for the provider.

2.14 The required travel documents and the latest travel information will be sent to the traveler no later than 10 days before the day of embarkation, unless this date has to be headed for a justified reason.

Article 3. Payment terms

3.1 The traveler must effectively pay the provider the amounts invoiced to him in the currency specified in the contract within the period specified in the contract. Under no circumstances is the traveler entitled to invoke a right of retention against his payment obligation. The date of credit indicated on the provider's bank transcripts is deemed to be the date of payment.

3.2 If the price does not include the board cash, the passenger is in any case obliged to pay the board cash to the skipper on board. This board cash is intended for port, bridge, lock and pilotage fees, for local taxes such as tourist tax, for fuel costs and possibly for the meals mentioned.

3.3 The provider is entitled to increase the price up to 20 days before the start of the sailing trip due to significant changes in the costs of carrying out the sailing trip. In this case, the traveler has the right to cancel the contract within 10 days of receiving such notification.

3.4 If the traveler has not fulfilled his obligations towards the provider within the agreed payment period, then the traveler is automatically in default without the need for a reminder. From the moment the traveler is in default of payment, he owes the customer a default pension of 2% per month over the amount owed or part thereof up to the date of full payment. This does not affect the provider's right to claim full compensation on a judicial basis. At the same time, the provider is entitled to immediately postpone his obligations under the contract until all payment obligations have been met. The provider assumes no liability for any damage suffered by the traveler as a result. This right of postponement includes the right of the provider to refuse (fellow) passengers access to the ship.

3.5 If there is a difference of opinion about the amount owed during the settlement or if a calculation that cannot be carried out quickly is necessary to determine it, the traveler is obliged to pay immediately the part on the due date of which the parties agree and for the payment of the amount due to provide security for the part of the disputed part or the part, the amount of which has not yet been determined.

3.6 All judicial or extrajudicial collection costs with regard to the amount owed by the traveler are to be paid by the traveler.

Article 4. Cancellation by the traveler

4.1 If the traveler cancels the contract, the following percentages are payable:
Price per sailing trip and other services

after booking15%

6-5 months before departure 20%

5-4 months before departure 30%

4-3 months before departure 40%

3-2 months before departure 50%

2-1 months before departure 75%

1 month - 1 day 90%

on departure 100%

4.2 A cancellation must always be made by e-mail, the receipt of which must be confirmed by the provider, or by registered mail. The date of receipt by the provider is the date of cancellation.

Article 5. Termination / change on the part of the provider

5.1 The provider is entitled not to allow a sailing trip to take place if the number of registrations is less than the required minimum number specified in the publication on the relevant sailing trip. The provider will inform the traveler no later than four weeks before departure, unless a different date is specified in the publication.

5.2 The provider and / or the skipper are entitled at any time to determine that the weather, high or low water, the blockage of routes and similar circumstances (including the condition of the ship) do not allow a voyage or make it necessary to change the voyage (in broadest sense of the word) or cancel or change the place of departure or arrival.

5.3 In the cases mentioned in Article 5.2, the provider will endeavor to work on an alternative or a solution. The traveler is obliged to reimburse the provider for all additional costs that the provider has to incur. The provider can decide at its own discretion whether an alternative / solution is feasible and can normally be carried out by the provider.

5.4 The provisions of this article also apply in the event that the provider and / or the skipper concerned have to make one of the decisions mentioned as a result of the acts or omissions of (one of the) (fellow) travelers in the event (one for whatever reason caused) delay of the transport and in the event that the provider cannot reach the place of departure or arrival agreed with the traveler.

5.5 If the ship is unexpectedly unavailable, the provider will endeavor to use a comparable replacement ship. If this is not possible, the provider is entitled to cancel this contract. If the provider cancels due to a circumstance that is not attributable to the traveler, he offers the traveler a trip of the same quality. If the traveler does not accept this offer, he has the right to a refund of the travel sum or its waiver or, if the trip has already been partially used, a corresponding part of it.

5.6 Access to the ship as well as the sailing trip and the entertainment / catering can be refused by the provider if this is necessary due to capacity, security, public order, due to threatened damage or harassment or in the case of earlier, outstanding claims . This right does not affect the other rights under these conditions as well as the protection of the other rights of the provider (including his exclusion of liability for damage) towards the traveler.

Article 6. Liability of the provider

6.1 The ship and the crew comply with the legal requirements.

6.2 The provider assumes no liability for damage that is covered by the usual insurance. The provider's duty to provide assistance to (fellow) travelers in need is severely impaired if one cannot rely on the help of an auxiliary center included in travel insurance.

6.3 The provider is not liable for damage caused by a delay (which for whatever reason occurred before, during or after the transport) or a deviation from the agreed start and finish times.

6.4 The provider does not provide any compensation for items brought on board by (fellow) passengers which he would not have allowed on board if he had known their type and quality if the (fellow) passenger knew or should have known that the provider would not have allowed these items on board; In such a case, the (co-) traveler is liable for all costs and all damage that arises for the provider due to the fact that the items were or were brought on board.

6.5 In the event that a (fellow) traveler is injured, only the affected (fellow) traveler himself has a right to compensation. Only the surviving spouse, children or parents of the (fellow) traveler who were supported by their work are entitled to compensation. The claims dealt with in this section are determined in relation to the mutual assets and income of the persons.

6.6 If the provider proves that the (fellow) traveler caused or contributed to the damage as a result of guilt or negligence, the liability of the provider will be wholly or partially eliminated.

6.7 If persons whose help the provider makes use of in the execution of its obligations, at the request of (fellow) travelers, provide services to which the provider is not obliged, it is assumed that these persons on behalf of the (co-) ) Travelers for whom they performed these services.

6.8 The compensation that the provider may have to pay in the event of loss or damage to luggage is limited to CHF 500. Under no circumstances is the provider liable for immaterial damage, indirect damage or consequential damage resulting from the loss of or damage to luggage.

6.9 The compensation that the provider may have to pay for death or injury to a person based on the provisions of the Swiss OR is limited to an amount of CHF 300,000 per (fellow) traveler. In the event of compensation through the payment of a pension, the capitalized amount must not exceed CHF 300.00 per (fellow) traveler.

6.10 The traveler waives his right to compensation.

Article 7. Obligations / liability of (fellow) travelers

7.1 If the traveler or fellow travelers cause damage to their luggage to the provider, the traveler or fellow travelers are jointly and severally obliged to compensate the provider for this damage. This applies both to damage to the ship and to damage to the things and / or people on it as well as to damage that the traveler and / or fellow travelers or their luggage inflicts on the things and / or people who are not in the or on the ship if the provider is held liable for this damage.

7.2 The traveler cannot invoke the own liability of the fellow travelers.

7.3 The ship is handed over clean and with a complete inventory at the beginning of the sailing voyage. On the day of disembarkation at the latest, the (co-) traveler (unless otherwise agreed) leaves the ship in the same condition in which he took it over upon embarkation, ie clean and with complete inventory.

7.4 The (co) traveler is obliged to comply with the state regulations and the regulations or instructions given by or on behalf of the provider and / or skipper, especially - but not exclusively - those that are in the interest of the journey as well as order and Security should be given to strictly observe. If the provisions or instructions described here are not observed, the provider is entitled to suspend the fulfillment of his obligations to terminate the contract.

7.5 The (co) passenger is only allowed to bring luggage on board.

7.6 The luggage of the (co) passenger must not cause any obstruction. Under no circumstances may one carry dangerous objects (in the broadest sense of the word) or bring drugs or contraband goods on board. In addition, it is not permitted to bring (domestic) animals on board the ship without prior consent.

7.7 The (co-) traveler must be in possession of the required travel documents upon departure and during the trip, insofar as these are required in the respective countries.

Article 8. Complaints

8.1 Complaints about invoices must be submitted within 14 days of the invoice date.

8.2 The (co) traveler is obliged to report any complaints about the fulfillment of the contract to the provider and / or the responsible staff immediately (during the sailing trip) on site, so that the provider still has the opportunity to take measures to justify Fix deficiencies.

8.3 If the complaint cannot be resolved to the satisfaction, the (co) traveler must submit it in writing to the office where the sailing trip was booked no later than 14 days after the end of the sailing trip.

Article 9. Repeal

9.1 If the traveler:

• files for bankruptcy, bankruptcy proceedings are opened against his assets, he surrenders his assets to his creditors, applies for a compulsory settlement, all or part of his assets are attached and the attachment is not lifted within 10 days, or he is declared incapable of contract,

• decides and / or actually begins to discontinue or transfer his company or a substantial part of it, or to transfer his company to a company that is yet to be founded or has already been established, or he changes the business activities of his company; or

• does not or does not fully comply with its obligations to the provider by virtue of the law or contractual provisions after a written reminder

• if the customer fails to pay an invoice amount in whole or in part within the deadline set for this, the traveler is automatically in default and the remaining debt is due immediately.

9.2 In the cases mentioned in the previous paragraph, the provider is entitled, without an obligation to compensate for the damage and without impairing his other rights (e.g. rights with regard to contractual penalties already due, interest and claims for damages) and without the need for a reminder or judicial procedure:

• to cancel the contract in whole or in part by a corresponding written notification to the traveler and / or

• to immediately and in full demand payment of the amounts owed by the traveler to the provider and / or

• to demand security from the traveler for the (timely) fulfillment of his payment obligations before the further fulfillment of the contract.

9.3 If the provider declares the cancellation, the traveler owes the price of the trip or the actual damage, if this is higher, as flat-rate contractual damage.

Article 10. Force majeure

If the provider is permanently or temporarily prevented from (further) fulfilling the contract due to force majeure, the provider is entitled to cancel the contract in whole or in part without an obligation to pay compensation by means of a corresponding notification without the need for judicial proceedings. This does not affect the provider's claim against the traveler for payment for the services already provided by the provider before the occurrence of force majeure. In addition, in the event of force majeure, the provider is entitled to temporarily suspend the (further) implementation of the contract in whole or in part. The provider must report the case of force majeure to the traveler as soon as possible. In the event of a temporary suspension, the provider is always entitled to cancel the contract in whole or in part.

Article 11. Applicable Law

11.1 The contract and these general terms and conditions are subject to Swiss law.

11.2 The place of jurisdiction for all disputes is Bern, where the provider has his office.