General Terms and Conditions (GTC)

AQVENTURESAILING e.U.
Christian Weglehner
Robert-Koch-Strasse 35
4600 Wels, Austria

Scope
These General Terms and Conditions (GTC) apply to all services of AQVENTURESAILING e.U. (hereinafter referred to as “AQVENTURESAILING”), in particular for yacht transfers and holiday charters (skippered bareboat charter), shared cabin charters, seminars at sea (hereinafter referred to as “charter offers”). By booking a service, the customer accepts these terms and conditions.
For Sail trainings, special terms and conditions apply, these can be sent upon special request.

Completion of a contract

1. 1. The offers of AQVENTURESAILING are subject to change.
   2. The contract is concluded by written confirmation (by e-mail or online) by AQVENTURESAILING.
   3. Ancillary agreements and amendments must be made in writing.

Services

1. 1. The scope of the contractual services results from the service description in the respective offer as well as from the booking confirmation.
   2. Changes or deviations of individual services that become necessary after conclusion of the contract and are not the responsibility of AQVENTURESAILING remain reserved, insofar as they do not significantly impair the overall character of the booked service.
   3. For charter offers:
      1. In the case of charter offers, the journey to the venue is explicitly not part of the offered lines and the contract. The provisions of the travelling escort trade do not apply to customers.
      2. The yacht is run by a professional skipper who is responsible for navigation, safety and routeing.
      3. The customer or crew is responsible for catering, cash register and all additional costs incurred during the trip (e.g. Fuel, port fees, final cleaning), unless otherwise agreed in the offer.
      4. Additional services (e.g. Cook, hostess or other crew members) can be booked and billed separately.
      5. Holiday charter (skippered bareboat charter) includes the exclusive rental of a yacht for a closed crew.
      6. Shared Cabin Charter includes booking individual bunks or cabins on a yacht with other guests. The execution takes place in mixed crews.
      7. Seminars at sea are held as a Shared Cabin Charter. The contents of the seminars are conveyed to the best of our knowledge and current status. No guarantee is given for learning success.
      8. For seminars at sea, depending on the service offered, additional experts are used to provide the services offered.
   4. Yacht Transfers
      1. The client undertakes to hand over the yacht in roadworthy condition.
      2. Unforeseen delays (e.g. due to weather or technical problems) do not automatically entitle you to claims for damages.
   5. In addition to these terms and conditions, the following additional contracts apply, which are made available to the customer before the conclusion of the contract:
      1. Skipper contract
      2. Crew contract for the customers/charter guests resp. Participant
      3. If applicable, contracts for additional staff
      4. For charter offers, in addition, the booking, payment and terms and conditions of the respective authorised yacht charter company, unless otherwise stipulated in these conditions.
      5. These contracts regulate rights, obligations, behaviour on board, security measures and liability issues specifically for the respective voyage and are an integral part of the booking relationship.
   6. With the completion of the booking, the customer acknowledges these conditions.
   7. Services included in the scope of services, which participants do not use during the trip, do not give rise to any claim for later use or proportional reimbursement.
   8. Participants receive on request participation or Nautical mile confirmations.

Services provided by staff provided – Charter

1. 1. Provided personnel (e.g. skipper, hostess, additional staff) must be provided with appropriate accommodation on board. As a rule, this means a separate cabin for each staff provided.
   2. Staff receive at least 3 meals per day and drinks. If this food is not provided, the customer is obliged to compensate the corresponding value financially. The catering is to be covered from the cash register (see below).
   3. The personnel provided only assume the tasks and responsibilities described in the offer. Verbal ancillary agreements are ineffective, cannot be taken into account and do not give rise to a claim for additional benefits.

Prices and terms of payment

1. 1. All prices are in Euro incl. statutory value added tax.
   2. The following payment terms apply to yacht transfers:
      1. Yacht transfers are billed according to the agreed fixed price or according to the effort (daily rate / hourly rate).
      2. Unless otherwise agreed, 50% of the agreed amount is due upon order confirmation, the remaining 50% after successful handover of the yacht.
      3. Expenses (e.g. travel costs, fuel, port fees, catering of the crew) are borne by the client and are to be paid additionally against proof or are included in the agreed fixed price, depending on the agreement.
   3. The following payment terms apply to charter offers:
      1. After booking confirmation, a deposit of 50% of the total amount must be paid within 7 days.
      2. The remaining amount is due no later than 8 weeks before the start of the service.
      3. For short-term booking (less than 8 weeks before the start of the service) the total amount is due immediately.
   4. Errors or mistakes in the price calculation do not give rise to a claim for withdrawal from the contract; the price can instead be adjusted according to the respectively valid price list. The following also applies to charter offers: Deviations of the yacht equipment from transmitted equipment or inventory lists do not entitle the customer to price discounts, provided that all equipment necessary for the safety and ability of the yacht is available and functional.

On-board cash register (Crew-Kitty) for charter offers

1. 1. All running costs on board incurred during the voyage, in particular fuel, harbour fees, provisions, drinks and other consumables, are to be borne by the crew via a communal cash register (“Crew-Kitty”). This also includes costs resulting from the non-fulfilment of the charter contract as well as any costs in the event of damage.
   2. A crew member to be designated by the crew manages the on-board cash register in a fiduciary manner and ensures transparent billing to the crew. Prior to the start of the charter, the crew member may require a reasonable advance payment to cover the on-board cash; during the voyage, surcharges may be requested to cover running costs.
   3. AQVENTURESAILING is not liable for the use, administration or billing of the on-board cash register by the crew or the designated crew member. Each crew share is to be paid in full by the respective participants, regardless of the actual use of individual services.

Withdrawal / cancellation by the customer

1. 1. The customer can withdraw from the contract at any time. The receipt of the cancellation statement by AQVENTURESAILING is decisive.
   2. If the customer is a private person/consumer, the statutory right of withdrawal for distance contracts also applies. This does not apply to binding booking within less than the statutory period.
   3. In case of withdrawal, the following cancellation fees will apply:
      1. Up to 8 weeks before the start of the service: 50% of the total price
      2. Less than weeks before the start of the service: 100% of the total price
   4. In addition, the following applies to charter offers:
      1. The customer can provide a substitute participant who fulfils all contractual conditions. AQVENTURESAILING reserves the right to consent. In this case, a processing fee of 20% of the offered service will be charged.
      2. The conclusion of a travel cancellation insurance is strongly recommended.
      3. Failures, misdisplays or inaccuracies of measuring instruments or other equipment do not give rise to a claim to non-commention or interruption of the trip or no financial claims, provided that navigation using classical methods is still possible and the safety of the yacht and crew is not impaired.
      4. If the booked yacht or an equivalent replacement (a yacht of comparable size and equipment) is not available no later than 48 hours after the agreed time of provision, the customer is entitled to withdraw from the contract. In this case, AQVENTURESAILING or the local partner will reimburse all payments made by the customer.
      5. Further claims of the customer, in particular claims for damages, are excluded. If AQVENTURESAILING recognises before the start of the trip that the yacht cannot be provided on time, the company is obliged to inform the customer immediately.

Resignation / cancellation by AQVENTURESAILING

1. 1. AQVENTURESAILING may withdraw from the contract or cancel the service if:
      1. Extraordinary circumstances (e.g. weather, force majeure) significantly jeopardise or make the implementation impossible,
      2. The minimum number of participants is not reached (for charter offers),
      3. In these cases, the amount paid will be refunded in full or an alternative date will be offered. Further claims are excluded.
   2. If the customer does not fulfil his payment obligations in accordance with §5 or violates one of the aforementioned terms and conditions in another grese form, AQVENTURESAILING may withdraw from the contract after setting up a reasonable reply. In this case, all agreed amounts (e.g. charter costs, skipper remuneration, additional personnel costs, travel costs for skipper and staff, etc.) are due immediately.

Obligation of the customer to cooperate

1. 1. The customer undertakes to follow the instructions of the skipper / crew.
   2. In the event of gross misconduct or endangerment of persons or material, the customer may be excluded from further participation – without entitlement to a refund.
   3. The customer confirms that he is in good health to participate in the respective service.
   4. In particular, the customer is obliged to inform AQVENTURESAILING about any life-threatening allergies, food intolerances and diets as well as about his swimming skills.

Liability, insurance and deductible/deposit

1. 1. Participation in all offered cruises is at your own risk.
   2. The participants are responsible for insuring themselves against accidents and injuries that may occur within the framework of the agreed service. A valid health and liability insurance is a prerequisite for participation in all cruises.
   3. The yachts are covered by liability and comprehensive insurance.
   4. AQVENTURESAILING has a valid business liability insurance.
   5. The skippers provided have the licenses and liability insurance necessary for the professional exercise of the provision of services.
   6. The insurance does not cover accidents involving persons, loss or damage to personal property of guests as well as to damage caused intentionally or by gross negligence. Also excluded are operational damage to machine systems, technical or nautical equipment as well as damage caused by improper operation.
   7. In the case of charter offers, damages due to force majeure go up to the amount of the agreed deductible or Deposit at the expense of the customer.
   8. AQVENTURESAILING is liable within the framework of the statutory provisions for damages caused intentionally or through gross negligence.
   9. Liability for slight negligence is excluded, as far as legally permissible.
   10. AQVENTURESAILING assumes no liability for the personal belongings of the customer.
   11. In case of problems with the journey to Törns (strikes, delays, flight cancellations, etc.) there are no claims against AQVENTURESAILING.
   12. The conclusion of a travel cancellation, accident, health, deposit, liability and luggage insurance is strongly recommended.
   13. Special insurance tailored to the charter offer for accident, legal protection, deposit, consequential damage and cancellation can be taken out at special conditions via AQVENTURESAILING. We are happy to create a separate offer for this.
   14. AQVENTURESAILING is not liable for conflicts or discrepancies between crew members, unless AQVENTURESAILING or the skipper has caused them through gross negligence. The skipper is entitled to take measures for safety and order on board in the event of serious disturbances, up to the exclusion of individual participants.

Recording of media, advertising

1. 1. The customer agrees that during the provision of services, photo and video recordings may be made by AQVENTURESAILING for advertising and marketing purposes. AQVENTURESAILING is entitled to use these recordings indefinitely, in time and space, in particular for print, online and social media purposes. This also includes tagging, linking or reposting contributions and content of the customer on social media platforms.
   2. All rights to the recordings remain with AQVENTURESAILING; the customer is not entitled to remuneration or exemption.
   3. The attachment of advertising material by the customer on board is only permitted with the prior written consent of AQVENTURESAILING. AQVENTURESAILING itself is entitled to attach advertising material without restriction.

Data protection

1. 1. The processing of personal data is carried out in accordance with the applicable data protection regulations. Details can be found in the privacy policy on the AQVENTURESAILING website.

Foreign contracts

1. 1. If, in addition to these General Terms and Conditions, the additional skipper crew and, if applicable, charter contracts, also the signing of a foreign contract (e.g. In Greece), the regulations contained therein apply only to the extent that they relate to the statutory provisions of the respective country.

Force majeure

1. 1. AQVENTURESAILING is not liable for any loss, damage, delay or cancellation due to force majeure events. These include in particular fire, natural forces, epidemics, pandemics, war (declared or not), travel warnings, war-like acts, uprisings, revolutions, civil war, piracy, strikes, labour conflicts, actions of enemies of the state, official measures and other circumstances that are beyond the reasonable control of AQVENTURESAILING or a possible local partner and make the implementation of the service offered impossible.
   2. In the event of a delay or failure due to force majeure, payments already made will be credited to the provision of services at a later date; no refund will be made.
   3. AQVENTURESAILING assumes no liability for any additional costs or expenses incurred by the customer as a result of an event of force majeure.

Final provisions

1. 1. Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the ineffective provision, one shall apply, which comes closest to the economic purpose.
   2. Ancillary agreements, oral agreements or arrangements that have not been confirmed by AQVENTURESAILING in writing or by e-mail/online confirmation are ineffective and do not give rise to any rights or claims. Changes or additions to the contract require the written form or a written confirmation by e-mail/online communication by AQVENTURESAILING to be effective.
   3. The entire contract or the entire agreement applies to the respective cancellation booker and all other persons brought by him.
   4. Information is provided to the best of our knowledge, but without guarantee; corrections of errors as well as printing and calculation errors remain reserved.

Jurisdiction and applicable law

1. 1. Only Austrian law applies, excluding referral rules and the UN Convention on Contracts for the International Sale of Goods.
   2. In all cases, the place of jurisdiction is the seat of AQVENTURESAILING, unless there is a mandatory legal place of jurisdiction to the contrary.

Status: Mai 2026

AQVENTURESAILING e.U.