These Terms and Conditions (“T&Cs”) apply exclusively to all services of Manatee Academy GmbH i.G. that are used by participants in our sailing trips.
The contract is concluded with Manatee Academy GmbH i.G., Theodor-Weber-Reihe 5, 22111 Hamburg.
3.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to submit an order.
3.2. By clicking the “Buy Now” button, you submit a binding order for the services listed on the order page. The purchase contract is concluded as soon as we accept your order by sending an order confirmation via e-mail or by commencing the provision of the service.
4.1. Pursuant to Section 312g (2) sentence 9 of the German Civil Code (BGB), there is no statutory right of withdrawal, as the services relate to leisure activities provided on a specific date. Participants are expressly informed of the absence of a right of withdrawal during the ordering process.
4.2. Withdrawal from, or premature termination of, the charter trip by the participant does not release the participant from their payment obligation.
4.3. The trip may be rebooked or cancelled in accordance with our cancellation policy. The following fees apply:
Rebooking | Cancellation | |
---|---|---|
Up to four weeks before trip start | Free of charge | €750 |
Up to the day of trip start | €750 | 50% of the price |
5.1. The prices stated on the product pages include statutory value-added tax and all other price components.
5.2. Our services are tied to leisure activities and are provided exclusively at the dates, times, and locations specified during the ordering process.
5.3. Participants must be at least 16 years old. Participation in courses for obtaining the Sportbootführerschein (German recreational boating licence) requires a medical certificate (including visual and hearing ability as well as colour vision), the submission of a certificate of good conduct or a valid driving licence, and German language proficiency at level B2 of the Common European Framework of Reference for Languages (CEFR).
6.1. Payment is made by credit card.
6.2. Alternatively, payment may be split into a deposit (at least 10% of the total amount) and payment of the remaining balance no later than at the start of the trip.
7.1. If the skipper is unable to conduct the trip due to incapacity or other hindrance, we reserve the right to cancel or terminate the trip. In such case, the full price will be refunded. Costs arising from non-performance of the service contract (e.g., travel expenses) will not be reimbursed.
7.2. If the trip cannot take place due to force majeure (e.g., weather conditions, natural disasters, official orders, or other unforeseeable events), we reserve the right to cancel the trip. In such case, the paid price will be refunded in full. Further claims, in particular for reimbursement of travel or accommodation costs, are excluded.
7.3. Before the start of the trip, the skipper will conduct a safety briefing, instruct participants on the specific features of the yacht, and document this in the logbook. The skipper’s maritime rights and obligations take precedence at all times, regardless of these T&Cs or our services.
7.4. Participants agree to promptly follow all instructions given by the skipper for the safe operation of the vessel and to immediately inform the skipper of any events that could endanger the safety of persons, property, or the vessel.
7.5. Manatee Academy GmbH i.G. reserves the right to exclude participants from the trip who repeatedly disregard the skipper’s instructions or endanger safety. In such cases, there is no entitlement to a refund of the amount paid.
7.6. Participation in our sailing trips, training, and related activities is at the participant’s own risk. Participants agree to comply with all safety requirements and to take appropriate safety precautions themselves, including but not limited to wearing lifebelts, life jackets, and other safety equipment. Manatee Academy GmbH i.G. accepts no liability for injuries or damages caused by the participant’s fault, negligence, or gross misconduct.
7.7. The skipper and participants mutually exclude any liability for property damage caused by ordinary negligence. Liability for personal injury, grossly negligent property damage, and its consequences remains unaffected. The skipper has skipper’s liability insurance.
7.8. The party who causes damage through intent or gross negligence shall be liable in full.
Personal data will be processed exclusively in accordance with applicable data protection laws. We collect and process, in particular, the following data: name, address, e-mail address, telephone number, and payment information, insofar as necessary for contract performance. Further details are provided in our Privacy Policy.
Should individual provisions of these T&Cs be invalid or become invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties undertake to agree on a provision that comes as close as possible to the purpose of the invalid provision.