Co-sailor agreement

Preamble

A sailing trip is a sporting affair. On board, decisions are made jointly wherever possible. You are an active crew member and not a passenger. However, it goes without saying that the skipper makes binding decisions for the crew on matters of safety and seamanship and that these must be followed. The skipper's nautical rights and duties take precedence, regardless of any agreements to the contrary. The skipper shall provide the participant with an appropriate briefing and safety instruction. It is in the interest of the safety of the crew and yacht that appropriate instructions are followed. As the cruise is subject to the forces of nature, the route cannot be determined in advance and depends on the local weather conditions and all safety-relevant circumstances. Decisions about the course, route, whether the ship leaves or stays in the harbor, safety of the ship and the crew are made exclusively by the skipper.

Definitions

When the term SCHIFFSFÜHRER is used in the following, it refers to Mr. Andreas Pohl.

When the term CREW MEMBER is used in the following, it refers to the respective co-sailor(s) of Andreas Pohl.

Cruise course/route planning

The daily stages and destinations will be discussed on the day of the trip. They depend in particular on the weather conditions and the local conditions of the cruising area. The final decision is made by the skipper. Deviations from the planned daily route may be necessary for a variety of reasons and are therefore also the final decision of the skipper. Upon embarkation, the crew member will be familiarized with the general rules of seamanship (available at: https://www.gdws.wsv.bund.de (Brochure: Safety on the water - Important rules and tips for water sports enthusiasts)).

Conclusion of contract/costs/invoicing/cancellation

3.1.  Upon receipt of a booking request, the potential participant will receive a confirmation of receipt of their booking request.

After verification and calculation, the participant receives a booking confirmation and an invoice.

Participation in a sailing trip is only possible after prior payment of the entire trip. Unless otherwise stated on the booking confirmation/invoice, a deposit of 500 euros must be paid upon registration. The remaining amount is due no later than six weeks before the start of the cruise.

3.2. Other costs: The crew members pay the on-board cash box. This is used to pay for meals on board (shore leave at own expense), dinner and harbor dues, as well as fuel costs. The skipper is exempt from paying into the ship's cash box in accordance with current custom. Costs included in the cruise price: basic provisions for breakfast and lunch on board, final cleaning, outboard motor for the dinghy, gas, bed linen & 2 towels, obligatory extras location tax.

3.3 Unless otherwise stated in the invitation to tender, the following costs are not included in the price of a sailing trip: Arrival and departure, transfers to and from the ship, evening meals, harbor fees during the trip, fuel costs, fees for anchor buoys, anchoring in beautiful bays.

3.4 If a crew member withdraws from the cruise, Nordpohl must be notified immediately in writing (e-mail is sufficient). If the participant provides a replacement person, all payments made up to that point will be refunded as soon as the replacement person has paid the full price of the cruise.

In this case, Nordpohl shall charge the crew member a flat-rate administrative fee of 150.00 euros to cover the costs/expenses incurred as a result; the crew member reserves the right to prove that Nordpohl has incurred less damage.

Nordpohl has the right to refuse a replacement person if this person does not meet the requirements for participation in the planned trip.

In all other respects, the following cancellation fees apply:

Cancellation up to 30 days before the start of the cruise: 80% of the agreed cruise price.                 

Cancellation less than 30 days before the start of the cruise: 100% of the agreed cruise price.

Bookings made within the above cancellation periods are also subject to Nordpohl's cancellation costs.

NOTE: Travel cancellation, accident and foreign health (additional) insurance is strongly recommended!

Planned route/deviations

The skipper will adhere to the planned cruise routes as far as the weather and other circumstances, in particular with regard to the crew, allow. Deviations from the cruise route will be discussed together and ultimately determined by the skipper as the person responsible for the entire crew and do not justify any claim for compensation - especially in the event of calm, storms or crew unavailability - as such influences are unavoidable on sailing trips. The departure time and arrival time of sailing trips may change if adverse weather conditions or other unforeseeable events have led to a delay on the previous trip. The cruise itself may also be extended by such events so that the day of arrival is delayed. Such delays due to weather conditions or other unforeseeable events are sometimes unavoidable on sailing trips and do not justify any claim for compensation by the participant.

Insurance of the crew member

The participant is aware that he is a crew member on a sailing yacht and therefore has to meet certain requirements. Health and behavior of every cruise guest on board. Participants must be healthy and able to swim for at least 15 minutes without interruption.

The crew member assures that he/she is in good health and able to complete the trip without endangering the crew or the ship. Illnesses and dependencies must be reported to the skipper immediately. If the crew member violates his/her above-mentioned assurances or provides false information or conceals essential information, he/she shall be liable for the resulting damage.

Reference to existing risks and obligations

By booking, the participant acknowledges that he/she is aware that, despite all safety measures taken by the skipper, a sailing trip inherently involves a residual risk. Participation in this sailing trip and the associated activities is at the participant's own risk. They are responsible for themselves and will take the necessary measures for their personal safety, regardless of any instructions from the skipper. This includes, among other things, the compulsory wearing of life jackets and lifebelts.

In addition, each participant undertakes to immediately follow the instructions of the skipper necessary for the operation of the vessel and to inform the skipper immediately of any events that could endanger the safety of persons, property or the vessel.

Each participant is responsible for their own arrival and departure. The respective cruise begins with the first boarding of the ship as part of the agreed cruise.

Insurance

The ship is covered by hull and liability insurance with a cover of EUR 10 million for personal injury, property damage and financial loss. Negligent and willful destruction must be compensated by the party responsible. There is also additional passenger accident insurance for each crew member.

Liability

Nordpohl's or the skipper's liability for damages other than bodily injury is limited to the amount of the cruise price, unless the damage was caused by intent or gross negligence. Nordpohl is not liable for the interruption or impairment of the cruise if this is caused by bad weather conditions, force majeure (e.g. political unrest, war, strike, or sovereign intervention (confiscation, etc.)). Each crew member travels at their own risk and waives all claims for compensation for personal injury and damage to property against Nordpohl if the damage was caused by slight negligence. The exclusion of liability does not apply if damage is covered by liability insurance or was caused intentionally or through gross negligence.

Termination by Nordpohl

Nordpohl may terminate the contract without notice in the event of gross violations of the skipper's instructions or if the crew member provides false personal information that makes it unreasonable to expect the crew member to remain on board with the skipper, in particular if it jeopardizes or is likely to jeopardize the destination of the cruise. The same applies if the crew member is or becomes unable to travel due to illness, infirmity or disability.

Severability clause

The invalidity of individual provisions shall not affect the validity of the remainder of the contract. Invalid provisions of this contract can be replaced by valid other agreements in agreement between the parties. Otherwise, they shall be interpreted in such a way that they correspond to the original intention of the parties.

Validity of the agreement

Deviations from this agreement or amendments must be made in writing (text form is sufficient). Should parts of this agreement be or become invalid or unenforceable, this shall not affect the validity of the other parts of this agreement or the validity of the remainder of this agreement. The same shall apply if it transpires that the agreement contains a loophole. In place of the invalid/unenforceable part or to fill the gap, this agreement shall be interpreted in such a way that it comes as close as possible to the intended purpose. In such a case, the parties shall endeavor to reach an agreement that comes as close as possible to the purpose of the invalid provision. Disputes shall initially be settled amicably, but shall otherwise be governed by German law.

Place of jurisdiction and applicable law

The place of jurisdiction for all legal disputes arising from the participation contract is Stuttgart, insofar as a booking is made by an entrepreneur within the meaning of § 14 BGB.

In all other respects, German law shall apply.