Terms and Conditions

Berth CharterTerms

The following terms and conditions for berth charter (Berth Charter Terms) apply to all by catamaran sailing dolphin HelmuthSchröder(hereinafter referred to as HS) issued berth charter contracts.

Please note that this is a translation. In case of uncertainty about any statement, the original German text is valid.


1.1. Conclusion of the Contract

The contract only comes into existence when we confirm the booking and the participation costs in writing. Should the contents of the confirmation deviate from the contents of your application,this means a new offer from us, to which we are bound for a period of 10 days after you received this offer. The contract is concluded on the basis of this new offer if you accept it within this period.


After receiving the booking confirmation and invoice, a deposit of 50% of the total price will be due within one week. The balance of the tour price is due four weeks before the start of the cruise.When booking within four weeks before the start of the cruise, the entire tour price is duewithin one week after receipt of the booking confirmation and the invoice.


A payment is regarded as made within the given period of time if it is credited to the account of HS within that period.


By signing the contract the participant agrees that he or she is aware of the residual risk of a sailing trip despite any security measures whatever!

1.2. Contract / Minimum Number of Participants

a) HS or rather the skipper are entitled to change cruises in deviation of individual services of this contract, particularly with regard to port of departure and port of arrival, if it has become necessary after conclusion of contract and is due to the usual reasonswithin the framework of seafaring on yachts.

The modified service replaces the original by the contractenvisaged performance.


b) HS reserves the right to cancel a cruise for a full refund of the price paid, if the minimum number of 4 participants is not achieved or is not apparent due to cancellations.


A participant who cancels a cruise already begun,is not entitled to a refund, not even a partial one, of the cruise price.

1.3. Services

a) The scope of services results from our catalogue with pricelist. The tour price includes the use of the yacht and the berth space.


b) If you book a full charter (all berths have been booked by the contractor) the use of the entire yacht with skipper / crew is available exclusively for the booking group.


c)Additional cruise -relatedcosts, in particular harbor and docking fees, food and fuel costs have to be billed by the participants of the cruise among themselves (see 1.6.), as this is common in sailing.


d) Transfer and flights are not among the benefits of HS.


e) The trip begins with bunkeringfuel, water and supplies, checking in of skipper and crew at the yacht, familiarizing the participants with the ship by the skipper, as well as the discussion and carrying out of the safety briefing for the safety of all cruise participants.

1.4. Bord Cash

The participants of a tripset upa joint board cash that is managed by a participant. From this then all food, port charges, fuel and other consumables, such as gas, shore power, water, etc. are paid for the yacht.For the entire duration of the cruise the skipper is the guest of the crew and has his bills paid bythem.The crew decides togetheron overland crossings and related expenses. At the end of the cruise, the joint board cash is dissolved.

1.5. Arrival and Departure

a) The first day of the cruise is the day of arrival. The participants should arrive between 4 p.m.and 7p.m. on the yacht. The exact location of the current berthing spacecan be found out at the port agencies and by phoning or emailing us. In the evening the safety briefing and crew meeting is conducted.Setting sail will take place the next morning after breakfast. If the crew is complete, the cruise can be started also on the day of arrival provided each crew member has participated in the safety briefing.


b) The departure is scheduled for the last day of the cruise until 9 o’clock a.m. Please plan your return trip so that there is enough time for the ride to the airport or railway station. The yacht will arrive in all probabilityno later than the second last evening of the cruise at the port of arrival. For the final cleaning eachparticipant pays 20, - €before the end of the cruise.


c) Arrival and departure as well as the transfer of the participant are not the subject of this contract. A liability of HS for the implementation of the arrival and departure or transfer of the participant on departure or arrival from the cruise is excluded.

1.6. Cruise

a) The routes offered are binding and are adhered to as far as the weather permits. Deviations from the itineraries due to a calm or a storm are possible and do not justify any claim for damages. Trip reductions due to calm or storm also do not justify any claim for damages, since such effects are unavoidable on sailing trips.Is it notpossible to adhere to the planned itinerary for the reasons mentioned above, HS or the skipper will set the new itinerary. The ultimate goal of the journey will remain as far as possible.


b) With sailing cruises departure and arrival time may change if adverse weather conditionshave led to a delay during the previous cruise.Even the trip itself can be extended by adverse weather conditionsso that the planned arrival date cannot be met. Such delays due to weather conditions are sometimes unavoidable with sailing and do not justify any claim for damages towards HS if there is no detectable fault of the skipper / HS.

1.7. Insurance

a) The catamaran is insured against third-party risks and is covered by a fully comprehensive insurance with a percentage excess of 300 € as well. Insurance does not cover personal equipment of participants as well as personal valuables on board.


b) Personal belongings and baggage are not insured. We recommend that you take out travel luggage, travel accident insurance, travel health insurance and travel expenses - default swaps.

1.8. Liability

a) Arrival and departure of the participant are not subject of this contract. A liability of HS for the implementation of the arrival and departure of the participant to the departure or arrival point of the cruise is excluded.


b) The liability of HS is limited to three times the amount of the price of the cruise except in cases of gross negligence.


c) If circumstances arise, for example, natural disasters, intervention of higher authority, strike, civil commotion, war or other serious events, we are entitled to withdraw from the contract.The full price of the cruise will be refunded. Further claims against us, regardless of the legal grounds, are excluded.


d) HS shall not be liable for termination or impairment of the cruise, if this is caused by poor weather conditions,force majeure, such as revolution, strike, war, political unrest, or by intervention of higher authority, such as seizure, etc.

1.9. Damages

a) The participant is personally liable for any damage caused. Small damages, these are damages up to the amount of the tour price, must be replaced before the end of the cruise. Wanton destruction of yacht equipment must be replaced immediately by the polluter and can lead to exclusion from further participation in the cruise, with no claim to reimbursement of charter fees.


b) The participant is at liberty to prove that no or significantly lower costs have been incurred than the above mentioned lump sums.


c) HS reserves the right to suethe concerned participantfor further damages.

1.10. Termination

a) HS may extraordinarily terminate the contract with immediate effect if

- the participant does not have suitable medical fitnesscontrary to his / her declaration,

- aparticipantis endangering by his conduct his or her own or the safety of other participants on board. He or she can be excluded from further participation in the cruiseafter reaching the next port. This also applies in the event that a participant fails to complyto the instructions of the skipper repeatedly. In the above situationsthere are nofurther legal claimsfor the affected participant and the contract expires. For resulting follow-up costs HS shall not be liable.

1.11. Resignation

a) In case of withdrawal from the contract by a participant HS may charge a reasonable compensation. The amount of compensation will take into account the tour price as well as the costs for expenses saved by HS and possible alternative use of the berth by HS.


b) HS is entitled to set the following packages when calculating the compensation instead:

In case of withdrawal the cancellation fee is

- 90 days before departure: 40 %

- From the 89th to 60thday prior to departure: 50 %

- From the 59th to 30thday prior to departure: 60 %

- From the 29th to 20thday prior to departure: 70 %

- From the 19th to 10thday prior to departure: 85 %

- From the 9th day prior to departure 95 % of the price.


c) The participant is at liberty to prove that no or significantly lower costs have been incurred than the above lump sums.


d) Should a participant cancel a cruise early, in particular without having been inducedto do so by any deficiency or acts of God, HS retains the right to the complete tour price.


e) Until the beginning of the cruise you can be represented by asubstitute. The organizer (i.e. HS) can object to the change if the substitute does not fulfill the given requirements of the cruise, or if any government regulations or administrative orders stand in the way of the exchange.The substitute enters the contract in your place for all rights and obligations. In case of the above mentioned change there are additional costs of 35.- €per person.


f) If we succeed in rebooking to another date within a period of 6 months, payments will be credited in full, less handling charges of 10 % of the cost of the cruise.

1.12. Shortcomings

a) Shortcomings of the trip and other defects are to be reported immediately to the owner / skipper during the boat trip so that corrective action can be taken.


b) In cases of technical defects we strive to promptly repair or replace. However, there is no entitlement to a reduction or repayment of the cruise price when individual pieces of equipment fail (stove and oven, Radio, Heating, radar). Only in case of failure of safety and prescribed equipment (especially in rescue and signal devices) the participant is entitled to a partial refund of missed days of the cruise, if no repair or replacement takes place and thereby one or more days of thetriphave to be cancelled. However, a repair or delivery time of 48 hours shall be deemed agreed and is therefore not to be counted as missed time.


c) For technical or other reasons individual items of equipment may deviatefrom our specifications. Furthermore, technical equipment or facilities under their use can sometimes fail. This represents no loss of performance.

1.13. Passports, Visas,Customs,Currency and Health Regulations

To participate in a cruise you need a valid personal identity card. To participate in a cruise to or from non-European or non -EU countries, you need a passport which is still valid for at least 6 months and possibly a visa. Please pay attention to the sufficient validity of your passport. The authorities verify these details very closely. Delays and inconvenience when entering and clearing out are the responsibility of each crew member. If an onward journey due to invalid documents is not possible, the crew member may be excluded from the cruise. All costs and expenses arising from non-compliance of passport, visa, customs, currency, drugs or health regulations,have to be carried exclusively by the participant causing them.The person concerned will also be chargedthe resulting costs for damage caused by him- or herself.

1.14. Safety Equipment

Swimming or lifejackets and lifelines are on-board equipment. They mustbe worn while sailing wheneverthe skipper orders the crew to do so.

1.15. Smoking

Smoking is not allowed in the salon or in the other ship's interior.

1.16. Jurisdiction, Applicable Law

a) All complaints must be made in writing to and received by catamaran sailing, dolphin HS no later than one month after the end of the cruise. Claims of the participants of the cruise expire after one year. The period begins with the day on which the cruise was to end according to the contract.


b) This Agreement is governed exclusively by the laws of the Federal Republic of Germany. If any provision in these Terms and Conditions or any provision in any other agreement be or become invalid, this shall not affect the validity of all other provisions or agreements.


Helmuth Schröder
 Kataramaransailing Dolphin


You can download the terms and conditions here in german "AGB Kojencharter - Katamaransailing Dolphin" als PDF herunterladen (Stand: März 2014).