General Terms and Conditions (GTC)

A) Purchase advice and expert opinion

B) Sailing training

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A) Purchase advice and expert opinion

The contract is concluded with the expert Klaus Allisat, Landsberger Str. 53, 86938 Schondorf am Ammersee. Sales tax identification number: DE351187595

§ 1 Scope

1. The legal relationship between the expert and his client is determined by the following contractual conditions.

2. Deviating terms and conditions of the client (AG) only become part of the contract if the expert expressly acknowledges them in writing.

3. In the event of collisions, the order of precedence between the regulations is:

1. special terms and conditions of the individual services;

2. General Terms and Conditions;

3. legal regulation.

§ 2 Order

1. The acceptance of the order as well as agreements, assurances or ancillary agreements made verbally, by telephone or by employees require the written confirmation of the expert in order to be effective.

2. The subject of the order is any type of expert activity such as ascertaining facts, presenting empirical evidence, determining causes, evaluation and review. This activity can also be carried out in the context of arbitration expert or arbitration work.

3. The subject of the report and the purpose of use must be specified in writing when the order is placed.

§ 3 Execution of the order

1. The order is to be carried out impartially and to the best of our knowledge and belief in accordance with the principles applicable to an expert.

2. The expert can only guarantee a certain success, in particular a result desired by the client, within the framework of the objective and impartial application of his expertise.

3. The expert reimburses his expert opinion personally. Insofar as it is necessary or expedient and the independent responsibility of the expert is maintained, the expert can use the help of expert employees in preparing the report.

4. If experts from other disciplines (professional groups) need to be called in to properly complete the order, they will be commissioned by the client.

5. For the rest, the expert is entitled to carry out the necessary and customary examinations and tests or have them carried out at his own discretion, to make inquiries, to carry out investigations, to make trips and inspections as well as to take photos and drawings or to to have them made without the client's special consent being required for this. Insofar as unforeseen investigations or investigations that are time-consuming or costly in relation to the purpose of the expert opinion are required, the prior consent of the client must be obtained.

6. The expert is authorized by the client to obtain the information necessary for the preparation of the expert opinion and to carry out surveys from those involved, authorities and third parties. If necessary, the customer is to issue him with a special power of attorney for this purpose.

7. The report is to be prepared within the agreed period.

8. Written elaborations are made available to the client in triplicate or electronically. Additional copies will be invoiced separately.

9. After completion of the order and payment of the agreed remuneration, the expert must return the documents provided to him by the client for the execution of the expert opinion without being asked.

§ 4 Obligations of the client

1. The client may not give the expert any instructions that could falsify his actual findings or the result of his report.

2. The customer must ensure that the expert receives all information and documents necessary for the execution of the order (e.g. invoices, drawings, calculations, correspondence) free of charge, in good time and without any special request. The expert is to be informed in good time and without special request of all processes and circumstances that can be identified as being of importance for the preparation of the expert opinion.

§ 5 Confidentiality of the expert

1. According to Section 203, Paragraph 2, No. 5 of the Criminal Code, the expert is subject to a duty of confidentiality, which is subject to a penalty. Accordingly, he is also contractually prohibited from disclosing, passing on or using the report itself or facts or documents that have been entrusted to him in the course of his work as an expert or that have otherwise become known to him. The duty of confidentiality includes all non-obvious facts and applies beyond the duration of the contractual relationship.

2. This duty of confidentiality also applies to all persons working in the expert's business. The expert must ensure that confidentiality is observed by the persons named.

3. The expert is authorized to disclose, pass on or use the knowledge gained during the preparation of the expert opinion if he is obliged to do so on the basis of legal regulations or his client expressly releases him from his duty of confidentiality in writing.

Section 6 Copyright Protection

1. The expert retains the copyright to the services he has provided, insofar as they are copyrightable.

2. In this respect, the customer may only use the expert opinion produced as part of the order with all the lists, calculations and other details for the purpose for which it is intended according to the agreement.

3. The client is only permitted to pass on the report to third parties beyond this, to use it in a different way or to change or shorten the text with the consent of the expert.

4. A publication of the report requires the consent of the expert in any case. Duplications are only permitted within the scope of the intended use of the report.

§ 7 Fee

1. The expert is entitled to payment of remuneration. The amount of the remuneration depends on the express agreement. The remuneration includes the general office costs of the expert.

2. In addition, ancillary costs and expenses can be demanded in actual amounts (against corresponding proof) or agreed amounts (without proof).

3. Value added tax is included in the fee for contracts with end consumers. If the customer is a legal entity under public law, a special fund under public law or a merchant for whom the contract is part of the operation of his trade, VAT will be added to the remuneration and expenses in the legally determined amount at the time the contract was concluded.

4. If the expert in this case is appointed in court, the client shall bear the difference between the compensation paid by the court and the agreed fee rates.

§ 8 Payment – Late Payment

1. The agreed fee is due upon receipt of the expert opinion by the client. It is permissible to send the report by post and collect the payment due by cash on delivery at the same time.

2. Payment instructions, checks and bills of exchange are only accepted after special agreement, with all collection and discount charges being calculated and only on account of payment.

3. If the client defaults on the payment of the fee, the expert can, after setting a reasonable grace period, withdraw from the contract or demand compensation for non-performance. Subject to the assertion of further damages, default interest of 2% above the respective discount rate of the Deutsche Bundesbank is to be paid in the event of default of payment, plus sales tax in each case. They are to be set higher or lower if the expert proves a burden with a higher interest rate or the client proves a lower burden.

4. Non-compliance with the terms of payment or circumstances that call into question the creditworthiness of the client result in all of the expert's claims becoming due immediately. In these cases, the expert is entitled to withdraw from the contract after a reasonable period of grace or to demand compensation for non-performance. The same applies to non-payment of bills of exchange or cheques, suspension of payments, bankruptcy or requests for a settlement by the customer.

5. The client can only offset against claims of the expert if the client's counterclaim is undisputed or there is a legally binding title. The customer can only assert a right of retention if it is based on claims from the concluded contract.

§ 9 Exceeding the deadline

1. The deadline for submitting the report (cf. § 3 item 7) begins with the conclusion of the contract. If the expert needs documents from the client for the reimbursement of the expert opinion (cf. § 4 No. 2) or if the payment of an advance payment has been agreed, the period begins to run only after receipt of the documents or the advance payment.

2. If the delivery date is exceeded, the customer can only withdraw from the contract or demand compensation in the event of the expert's delay in performance or impossibility for which the expert is responsible.

3. The expert is only in default if he is responsible for the delay in delivery of the expert opinion. In the case of delivery obstacles for which we are not responsible, such as cases of force majeure, illness, strikes and lockouts, which are based on an event through no fault of our own and lead to serious operational disruptions, delivery will not be delayed. The delivery period is extended accordingly and the client cannot derive any claims for damages from this. If such obstacles to delivery make it completely impossible for the expert to reimburse the expert opinion, he is released from his contractual obligations. In this case, too, the client is not entitled to a claim for damages.

4. In addition to delivery, the customer can only demand damages for delay if the expert is proven to have acted with intent or gross negligence.

Section 10 Termination

1. Client and expert can terminate the contract at any time for good cause. The termination must be declared in writing.

2. Important reasons that entitle the client to terminate the contract include withdrawal of the public appointment by the responsible appointment authority or a breach of the obligation to provide an objective, independent and impartial report.

3. Important reasons that entitle the expert to terminate the contract include: refusal to provide the necessary cooperation on the part of the client; Attempt by the client to influence the expert in an inadmissible way, which can falsify the result of the expert opinion (cf. § 4 No. 1); if the customer is in default; if the client falls into financial collapse; if the expert determines after acceptance of the order that he lacks the necessary expertise to complete the order.

4. For the rest, termination of the contract is excluded.

5. If the contract is terminated for an important reason for which the expert is responsible, he is only entitled to remuneration for the partial service provided up to the time of termination insofar as this can be used objectively by the client.

6. In all other cases, the expert retains the right to the contractually agreed fee, but less expenses saved. Unless the client proves a higher proportion of saved expenses in individual cases, this proportion is agreed at 40% of the fee for the services not yet rendered by the expert.

 

 

§ 11 Right of withdrawal

The client has the right to revoke this contract informally within fourteen days without giving reasons. In order to exercise the right of cancellation, the contractor must inform the contractor of his decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for the communication regarding the exercise of the right of cancellation to be sent before the cancellation period has expired. Consequences of the revocation: If the contract is revoked, all payments received by the contractor will be repaid immediately and at the latest within fourteen days from the day on which the contractor received the notification of the revocation of the contract. The same means of payment as the original transaction will be used for the repayment, unless something else has been expressly agreed with the customer. No fees will be charged for this repayment if the repayment is made within the EU. If the service was agreed before the end of the cancellation period, a reasonable amount will be due, which corresponds to the proportion of the service already provided up to the point in time at which the client exercised the cancellation in comparison to the total scope of the service provided for in the contract.

§ 12 Warranty

1. As a guarantee, the customer can initially only request free rectification of the defective expert opinion.

2. If the improvement is not made within a reasonable period of time, or if the improvement fails, the client can demand cancellation of the contract (change) or reduction of the fee (reduction).

3. Defects must be reported to the expert in writing immediately after detection; otherwise the warranty claim expires.

4. If guaranteed properties are missing, a claim for damages remains unaffected.

Section 13 Liability

1. The expert is only liable for damage - for whatever legal reason - if he or his employees have caused the damage intentionally or through gross negligence through a defective expert opinion. All further claims for damages are excluded. This also applies to damage caused by subsequent improvement.

2. The customer's rights from warranty according to § 12 are not affected by this. The claims due to delay in delivery are conclusively regulated in § 9.

3. Claims for damages that are not subject to the short limitation period of § 638 BGB expire after 3 years. The limitation period begins with the receipt of the expert opinion by the client.

4. The expert's liability is limited to financial losses of €100,000.00. All further claims for damages are excluded.

§ 14 Place of Performance and Jurisdiction

1. The place of fulfillment is the expert's professional establishment.

2. If the client is a registered trader, a legal entity under public law or a special fund under public law, then the head office or another legal place of jurisdiction at the discretion of the expert is the place of jurisdiction.

3. The same place of jurisdiction as in Section 2 applies if the customer does not have a general place of jurisdiction in Germany, moves his domicile or habitual place of residence abroad after conclusion of the contract or his domicile or habitual place of residence is not known at the time the action is filed.

§ 15 Final Provisions

If a provision of this contract is void due to legal regulations, the validity of the remaining provisions of this contract shall not be affected.

§ 16 data protection

1. Your address is stored in our EDP for quick and error-free processing. The data provided will be treated in accordance with the provisions of the Data Protection Act.

2. We exchange data with other credit service companies such as Schufa for the purpose of credit checks and creditworthiness monitoring.

3. The expert will not use or pass on the customer data beyond the scope regulated in clauses 1 to 2.

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B) Sailing trainingG

1. Registration for the sailing trip / conclusion of the contract for participation in a sailing trip

1.1. By registering for the sailing trip, the participant agrees to these General Terms and Conditions. This also applies when booking the sailing trip through another company. Deviations from these General Terms and Conditions only apply and insofar as they are expressly permitted under these General Terms and Conditions.

1.2.   By registering, the participant offers Aquila Sailing the conclusion of a contract for participation in a sailing trip. For registration, the online booking form must be filled out correctly and sent to Aquila Sailing. The registration of underage participants is carried out by an adult accompanying legal guardian who is responsible for them for the duration of the entire sailing trip.

1.3.  The basis of the contract is the current information on the website (www.aquilasailing.de) including the description of services and prices contained therein as well as these general terms and conditions.

1.4.  Upon receipt of the online booking form, Aquila Sailing will email the participant a confirmation. The contract comes about through the acceptance by Aquila Sailing in the form of the sending of the booking confirmation by e-mail. If the content of the booking confirmation differs from the content of the registration, this constitutes a rejection of the participant's offer in connection with a new offer by Aquila Sailing. Aquila Sailing is bound to this for a period of 10 days after sending this offer. The contract is concluded on the basis of the new offer if the participant declares acceptance or makes the down payment within the commitment period.
*) If the participant books the sailing trip through another company, there is no need to make a new booking using the Aquila Sailing online booking form. In both cases, the contract with Aquila Sailing comes about when Aquila Sailing sends the booking confirmation by e-mail.

2.       Services

2.1.  The scope of the services results from the information from Aquila Sailing on the website at the prices stated there. Aquila Sailing or the responsible skipper employed by Aquila Sailing are entitled to make changes, in particular with regard to the departure and arrival port, the route and the schedule of the sailing trip, if these have become necessary and can be attributed to the usual reasons in the context of seafaring on yachts are and were not brought about by Aquila Sailing or the skipper against good faith. In rare cases, the departure from another port of departure or arrival at another port of destination can take place at short notice. In this case, Aquila Sailing will inform the participant immediately and if possible before the start of the trip about the changed services. The changed service then replaces the originally contractually agreed service.

2.2.   The sailing trip includes accommodation in a double berth (or exceptionally in the saloon) and the use of all the facilities on board, as well as the sailing yacht being guided by a qualified skipper. The functionality of all facilities on board at all times cannot be guaranteed for a sailing yacht due to the external conditions. Costs of the sailing trip, such as port and mooring fees, nature park fees, tourist tax, meals, water and fuel are not included in the prices listed on the website. As usual, you will be billed via an on-board cash register to be set up on site at the beginning of the sailing trip. Deviations from this are noted on the website in the information on the respective sailing trip.

2.3.   In principle, the participants have an equal share of the board cash. According to old seafaring custom, the skipper is catered for by all participants (on-board community).

2.4.   Additional exam fees apply for training trips.

2.5.   Arrival and departure as well as transfer are not part of the booked sailing trip and are not included in the prices listed on the website. They are to be organized by the participant himself and at his own expense.

2.6. The participant also owes the full price of the sailing trip if he cannot start the sailing trip due to personal reasons or legal or official restrictions at his place of departure. Conversely, the obligation of Aquila Sailing to provide the service and the obligation of the participant to pay the price of the sailing trip does not apply if the sailing trip cannot be carried out due to legal or official restrictions in the respective sailing area.

3.      Start and end of the sailing trip

The sailing trip begins on Saturday evenings at around 6:00 p.m. The sailing trip ends on Saturday morning at 9:00 a.m. The yacht is not available on Saturdays from 9:00 a.m. to around 6:00 p.m. This time is required for service, cleaning and any changes of ship, crew and skipper. This also applies to multi-week sailing trips.

4.      training and examination

The training is carried out according to the driving license regulations of the DSV. The exams are conducted by DSV examiners. The same applies to the examinations for the official sport boat license sea and sport coast boatman's license.

5.      Terms of payment

5.1.   Aquila Sailing issues an invoice for the price after the conclusion of the contract for participation in a sailing trip.

5.2.   30 percent of the price is due immediately upon receipt of the invoice. The balance is due no later than 30 days before the start of the sailing trip.

5.3.   The time of crediting the account of Aquila Sailing is decisive for the timeliness of the payment.

5.4. When booking the sailing trip through another company, numbers 5.1 to 5.3 apply instead. of these GTC the terms of payment of the company through which the sailing trip was booked. The validity of the other terms and conditions of Aquila Sailing remains unaffected.

6.      Conditions of participation and information requirements

6.1.   The sailing trip is a sporting event. By registering for a sailing trip, the participant immediately declares that his physical and mental state of health enables him to participate in the sailing trip and that he can swim in the sea for at least 20 minutes to stay afloat. If children are taken along, only the participating legal guardians are responsible for supervising them.

6.2.   In case of doubts regarding the fulfillment of these conditions, the participant is obliged to contact Aquila Sailing before registering for the sailing trip. In any case, the skipper must be informed at the beginning of the sailing trip about relevant illnesses (e.g. diabetes) and any support measures should be explained.

6.3.   The participant acknowledges that the decisions of the responsible skipper employed by Aquila Sailing are decisive on board in terms of sailing, seamanship and navigation. He declares that he must follow the skipper's technical instructions.

7.       withdrawal

7.1. Before the start of the sailing trip, the participant can withdraw from the contract at any time.

7.2. If the participant withdraws from the contract before the start of the sailing trip, Aquila Sailing loses the right to the agreed price. However, Aquila Sailing can demand reasonable compensation in money if the cancellation is not his fault. The amount is based on the agreed price, taking into account any expenses saved by Aquila Sailing and a possible other use of the yacht.

7.3. Instead, Aquila Sailing is entitled to set the following flat rates when assessing the compensation, which correspond to the expected expenses of Aquila Sailing, taking into account the expected acquisition through other travel services. If the participant withdraws:

– up to 8 weeks before the start of the trip 30 percent,

– up to 6 weeks before the start of the trip 40 percent,

– up to 4 weeks before the start of the trip 60 percent and

– 80 percent up to 2 weeks before the start of the trip.

– 90 percent up to 1 week before the start of the trip.

– 100 percent up to 24 hours before the start of the journey.

7.4. The participant is free to assert that no or significantly lower costs were incurred than the above lump sums.

7.5. Aquila Sailing can withdraw from the contract up to 21 days before the start of the sailing trip if at least four adults, overseas at least six adults, have not registered for the respective sailing trip. Aquila Sailing can offer the participant participation in a comparable sailing trip.

7.6. Aquila Sailing can also withdraw from the contract before the start of the sailing trip if Aquila Sailing is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, Aquila Sailing will declare the withdrawal immediately after becoming aware of the reason for the withdrawal.

7.7. In the event of a cancellation by the participant or by Aquila Sailing, Aquila Sailing will reimburse the participant the travel price subject to a rebooking of the participant on a comparable sailing trip (see Section 7.5 Clause 2) and less any costs according to Section 7.2 Clause 2 and Section 7.3 immediately, at the latest but refund within 14 days.

Aquila Sailing can withdraw from the contract up to six weeks before the start of the sailing event if no more than four people have registered for the respective sailing event. Aquila Sailing can offer the participant participation in a comparable sailing event.

8.       termination

8.1. Aquila Sailing can terminate the contract extraordinarily with immediate effect. An extraordinary reason for termination exists in particular if:

– the participant, contrary to his declaration, does not show the physical or psychological suitability.

- the participant, contrary to his declaration and despite a corresponding warning, does not comply with his obligation to follow the skipper's instructions in terms of sailing, seamanship and navigation or otherwise endangers or disturbs the execution of the sailing trip through his behavior or the health or endangers the physical integrity of other participants.

8.2. In the event of an extraordinary termination by Aquila Sailing, Aquila Sailing retains the right to the full agreed price.

8.3. The statutory rights of termination remain unaffected by this regulation.

9. Deposit and Damages

9.1. As users of the yacht, the participants are jointly liable for the operation and occupancy of the yacht. Before leaving the yacht for the first time, each participant deposits his share of the deposit with the skipper or takes out deposit insurance for the own share of the yacht insurance. This serves to regulate any damage to the yacht to the charter company.

9.2. The yacht is insured by the charter company for liability and comprehensive insurance with a deductible from Aquila Sailing, as is customary in the country. The participants and the skipper are jointly liable for damage caused to the yacht during the sailing trip.

9.3. The limitation of liability does not apply to damage caused by a participant through gross negligence or willful misconduct. The participant concerned is fully liable for this damage.

10. Liability

10.1. During the sailing trip there may be unscheduled port stays (e.g. due to repairs that have become necessary). Up to a period of 48 hours, these do not represent a significant impairment of the sailing trip and do not justify the right to termination or claims for damages.

10.2. The yacht may be delayed on the day of departure (e.g. due to unforeseeable weather conditions). When booking the return flight, the participant should therefore allow for sufficient time reserves (at least 6 hours between the end of the sailing trip and the return flight).

10.3. The contractual liability of Aquila Sailing and its vicarious agents for damages that are not bodily harm is limited to three times the price of the sailing trip insofar as damage to the participant was not caused intentionally or through gross negligence by Aquila Sailing. The limitation of liability to three times the price also applies if Aquila Sailing is solely responsible for damage caused to the participant that is not physical damage due to the fault of a service provider (e.g. owner of the yacht).

10.4. Furthermore, liability is excluded if the damage is not due to intent or gross negligence on the part of Aquila Sailing or its vicarious agents or to injury to life, limb or health.

10.5. Aquila Sailing is not liable for unavoidable events, in particular war, civil war, strikes, natural disasters, epidemics (including epidemics and pandemics) that occur or become known after the conclusion of the contract, unless otherwise regulated in these terms and conditions.

10.6. Taking out travel cancellation insurance is expressly recommended.

11. Passport, visa, customs, currency and health regulations

11.1. Aquila Sailing informs the participant from a member state of the European Union about the current, relevant passport, visa and health regulations of the country in which the sailing trip is offered. Nationals of other member states can obtain information from their responsible consulate. Particularities of nationality (dual nationality, statelessness) require the participant to take special care when preparing for the sailing trip.

11.2. The participant informs himself independently about the customs and currency regulations of the countries lying on the route of the sailing trip.

11.3. The participant bears the costs and disadvantages resulting from non-compliance with passport, visa, customs, currency and health regulations.

12. Privacy

Aquila Sailing undertakes to process personal data in a lawful manner, in good faith and transparently, as well as in compliance with the applicable data protection regulations, in particular the BDSG and the DSGVO. On this point, Aquila Sailing refers to the applicable data protection declaration at www.aquilasailing.de/datenschutz as well as any declarations made available separately.

13.    Privacy Policy

13.1. Verbal collateral agreements do not exist. Changes and additions to the contract and these General Terms and Conditions must be in writing. This also applies to this written form clause.

13.2. German law applies exclusively.

 

DISCLAIMER

1. Limitation of Liability

The website was created with the greatest possible care. However, the provider of this website assumes no liability for the correctness, completeness and topicality of the content and information provided. Use of the website content is at your own risk. No contractual relationship between the user and the provider is established solely through the use of the website.

2. Links

The website contains links to other websites (“external links”). These websites are subject to the liability of the respective site operators. There were no legal violations when linking the external links. The provider has no influence on the current and future design of the linked pages. The permanent review of the external links is not reasonable for the provider without concrete evidence of legal violations. As soon as we become aware of legal violations, the affected external links will be deleted immediately.

3. Copyright / ancillary copyright

The content published on this website by the provider is subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or the respective rights holder. This applies in particular to the duplication, processing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. The content and rights of third parties are identified as such. Unauthorized copying of the website content or the entire website is not permitted and is a punishable offence. Only the production of copies and downloads for personal, private and non-commercial use is permitted.

This website may not be displayed in frames or iframes by third parties without written permission.

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5. Privacy

By visiting this website, information about the access can be saved. This data, such as time, date and the page viewed, does not belong to personal data, but is anonymized. This is only recorded for statistical purposes. It will not be passed on to third parties for commercial or non-commercial purposes.

The provider expressly points out that data transmission on the Internet (e.g. when communicating by e-mail) has security gaps and cannot be completely protected against access by third parties.

The use of the contact details in the imprint for commercial advertising is expressly not desired unless the provider has given his prior written consent or a business relationship already exists. The provider and all persons named on this website hereby object to any commercial use and disclosure of their data.

Status 01.12.2022