Insofar as they have been effectively agreed, the following terms and conditions shall become an integral part of the travel contract that comes about between the customer and Leisure-Sailing Ltd., abbreviated below to “LS”. They supplement and complete the statutory provisions of Sections 651a – m BGB (Bürgerliches Gesetzbuch) [Civil Code] and the requirements for tour operators to provide information pursuant to Sections 4 – 11 BGB-InfoV (Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht) [Ordinance on the Requirement to Provide Information and Supporting Documents in Civil Law]. In addition, the carrier/shipping company’s general terms and conditions for the carriage of passengers and their luggage by sea apply (conditions of carriage/guest ticket contract), and for flight services (if these are offered in the future) the terms and conditions of carriage of the operating airline for regular scheduled flights with international airlines. These terms and conditions are available for customers in the travel agency or on the LS website.
Please therefore read these terms and conditions of travel carefully before making your booking!
- Conclusion of the travel contract, customer’s obligations
1.1. The following applies to all forms of booking:
The basis of the travel contract is the description in the offer that was transmitted to the customer or the information that can be viewed on the website.
If the content of the travel confirmation differs from the content of the travel booking, this means that a new offer has been made by LS. The contract shall come about on the basis of this new offer if the customer declares their acceptance by making an express declaration, paying a deposit or of the balance, or using the travel services.
The customer making the travel booking shall be liable for the contractual obligations of fellow travellers for whom they make a booking as well as for their own contractual obligations, insofar as they have assumed a corresponding obligation by means of an express and separate declaration.
1.2. For travel bookings made verbally, by phone, in writing by email, via the LS website or by fax, the following applies:
By making the travel booking, the customer offers with binding effect to conclude a travel contract with LS. The traveller shall be bound by the travel booking for 3 working days.
The contract shall come about with the receipt by LS of the travel confirmation (declaration of acceptance), which does not require any particular form; consequently, travel confirmations made verbally or by phone are also legally binding for the customer. In the case of confirmations made verbally or by phone, LS shall subsequently send the traveller a written copy of the confirmation which was provided verbally or by phone. However, travel bookings made verbally or by phone by the traveller shall result in the binding conclusion of the contract when these bookings are confirmed verbally or by phone, even if the customer inadvertently does not receive the corresponding written copy of the booking confirmation.
- Prices and payment
2.1. Prices are calculated per person in euros, and include all port charges, taxes and levies payable for the yacht and the persons on board. The customer can see the available price for their sailing holiday that is valid at the time of booking in the offer sent to them or from the prices stated on the website. The details in this respect that are contained in the travel confirmation are binding for LS. Changes and supplementary agreements (changes, special wishes, additions) to the contractual services require express written confirmation by LS. All prices depend on the actual availability on the date of booking. LS reserves the right to delete published special tariffs at any time without stating the reasons.
2.2 Tips for the crew are not included in the travel price and we recommend the following: $/€ 10 to 16 per person per day for all categories.
2.3. After the contract has been concluded and an insurance policy has been provided pursuant to Section 651k BGB, a deposit of 50% of the travel price is payable. The balance is payable 40 days before the departure date.
2.4. If the customer does not pay the deposit and/or balance in accordance with the agreed due dates for payment despite the fact that LS is willing and able to properly provide the contractual services and the customer has no legal or contractual right of retention, after reminding the customer and setting a deadline LS shall be entitled to withdraw from the travel contract and charge the customer cancellation costs in accordance with Point 4.
2.5. Payment methods: we accept bank transfers, and payments via the service provider PayPal (credit card payment) provided the customer pays the charges for this. LS can charge the customer the amount it actually incurs in merchant service charges due to payment being made by credit card. The customer shall bear their own charges for the use of the credit card that are levied by the issuing bank.
2.6. Passengers travelling on ships that moor in harbours of the European Union must pay VAT on purchases in the gift shop, spa area, and when purchasing goods and alcoholic beverages. The purchase value on which VAT is charged and in which amount it must be paid varies depending on the travel route or the event location. Should guests come from a non-EU state, depending on the amount of the purchase value they can have the tax paid out to them on board. For a better overview, the VAT is shown on the receipts. In the gift shop a repayment receipt can be issued to simplify the payout of the VAT.
- Changes to services and prices
3.1. Changes to services
3.1.1. Before conclusion of contract
The details stated in brochures/offers are binding for LS insofar as they have become the basis of the travel contract. However, LS reserves the right to make changes to the details in the brochure/offer for objectively justified reasons. Naturally, LS will inform the customer of this prior to booking.
On LS sailing holidays, changes to the itinerary are possible at any time, e.g. due to official regulations, special navigation circumstances, or if such a change becomes necessary in the interest of the safety of the trip participants. The customer will be informed before concluding their booking of any change to the route and/or the trip or layover time that has become necessary and differs from the brochure/offer.
In the event of flights being included in travel offers in future:
In the event of a scheduled flight being cancelled by the airline and, for example, in the event of the airline not complying with the flight schedule, a change of airline, aircraft or the departure or return airport might become necessary. LS expressly reserves the right to make such changes or alterations for these or comparable reasons. In accordance with the EU Regulation on informing air transport passengers of the identity of the operating air carrier, LS is obliged to inform the customer at the time of booking of the identity of the operating airline and all the air transport services to be provided within the framework of the booked trip, insofar as this is known to LS at this time. See Point 13.
3.1.2. After conclusion of contract
Changes and variations to individual travel services included in the contractually agreed content of the travel contract which become necessary after conclusion of contract and which have not been introduced by LS in bad faith are permitted insofar as the changes and variations are not substantial and do not adversely affect the overall character of the booked trip. On LS sailing trips, changes to the itinerary are possible at any time, e.g. due to official regulations, special navigation circumstances, medical emergencies, or if the ship’s management take a different travel route in the interests of the safety of the trip participants or due to weather conditions. The skipper shall then decide on the change to the route and/or travel time that has become necessary. The overall character of the booked trip shall only be regarded as adversely affected if its value or suitability for the usual benefit or for the assumed benefit in accordance with the contract is considerably nullified or reduced. This shall be determined by means of the travel price, travel duration, travel time and form of travel. LS undertakes to inform the customer immediately of any modifications. The modified service shall replace the service that was originally due contractually. Any claims under guarantee shall remain unaffected insofar as there are deficiencies in the modified service. If the overall character of the booked trip is unreasonably changed by such modifications of the service, LS shall grant the customer the right to rebook free of charge or to withdraw from the travel contract without charges. The customer shall also have the right to request participation in a replacement holiday of equal value from the LS programme if LS is able to offer such a trip from its selection at no extra cost. The customer must assert their rights arising from the change or cancellation to LS immediately the latter declares the change.
Any claims under guarantee shall remain unaffected insofar as there are deficiencies in the modified service.
3.2. Price changes
3.2.1. Before conclusion of contract
The prices shown are the prices valid at the time of going to print (August 2018) and are binding for LS. However, before conclusion of contract LS can declare prices that differ from the brochure/offer. A price adjustment is permissible for the following reasons in particular:Due to an increase in the transport costs, the charges for particular services such as port or airport charges, or a change to the exchange rates applicable to the trip concerned after the publication of the brochures/offers.
If the desired sailing trip and/or package for travel to the destination region and/or hotel programme, as described in the corresponding LOS brochure/offer, is only available through the purchase of additional allocations after the publication of the LS brochure/offer.
3.2.2. After conclusion of contract
In the event of the transport costs or the harbour and airport charges changing or of new costs or charges arising, and if the start of the trip is more than four months after the conclusion of contract, LS reserves the right to adapt the prices that were confirmed with the booking, in that the changed or newly created costs and charges will affect the travel price per traveller. This applies exclusively to those price changes for which the cost factors have changed after the conclusion of contract, and where this was not foreseeable on conclusion of the contract. Major and non-foreseeable reasons for this increase are, for example, an increase in public charges, an increase in the statutory VAT, a change in the price of crude oil on the global market, an increase in or introduction of new insurance premiums or official levies, additionally levied security surcharges for the respective means of transport, or an increase in the exchange rate between the euro and the US dollar of more than 20% in each individual case. In the event of a change to officially stipulated transport tariffs, an adjustment of the agreed travel price is permitted to the same extent. LS shall make the individual increases in charges and costs available to the customer in detail for inspection in order to justify the permissibility of the increase. In the event of a subsequent change to the travel price or a change to a major travel service, LS shall inform the customer immediately, but at the latest 21 days before the departure date. Price increases are not permitted after that time. In the event of price increases of more than 5%, the customer shall be entitled to withdraw from the travel contract without charge or to request participation in a replacement holiday of at least equal value if LS is able to offer such a trip from its selection at no extra cost. The customer must assert these rights to LS immediately after the latter declares the price increase.
- Withdrawal by the customer before the start of travel/cancellation costs
4.1. The customer can withdraw from the trip at any time before the start of travel. Withdrawal must be declared to LS at the address stated below. If the trip was booked via third parties, such withdrawal can also be declared to the latter. The customer is recommended to declare their withdrawal in writing.
4.2. If the customer withdraws before the start of travel or does not commence the trip, LS shall lose its entitlement to the travel price. Instead, insofar as LS is not responsible for the withdrawal or a case of force majeure applies, LS can demand appropriate compensation for the travel arrangements it has made up to such withdrawal and for its expenditure depending on the respective travel price.
4.3 When calculating the compensation, LS must take account of the expenditure normally saved and of other uses of the travel services that are normally possible. The compensation shall be calculated as follows according to the type of trip and the date on which the customer’s declaration of withdrawal is received, taking account in particular of the limited short-term marketing options for luxury sailing trips:From the 120th to the 91st day before the departure date: 50% of the travel price
Up to the 40th day before the departure date: 80% of the travel price
From the 7th day before the departure date: 90 % of the travel price
From the 2nd day before the departure date to the departure date, or in the event of the customer not commencing the trip: 100% of the travel price
4.4. In all events the customer remains free to demonstrate to LS that the latter has incurred no damages at all or substantially lower damages than the flat rate charge it has requested.
4.5. LS reserves the right to request higher, specific compensation instead of the above flat rates insofar as it demonstrates that it has incurred much higher expenditure than the respective applicable flat rate. In this case, LS shall be obliged to put a specific figure on the requested compensation and prove this, taking account of the expenditure saved and any other uses of the travel services.
4.6. The customer’s statutory right to provide a replacement participant in accordance with Section 651 b BGB remains unaffected by the above conditions.
4.7. If one person cancels up to the 91st day before the departure date when double occupancy of a cabin has been booked, the flat-rate cancellation charge shown in 4.3. a) shall be payable for the person that has cancelled. The remaining person in the booked cabin shall be rebooked at the corresponding single occupancy price. From the 41st day before the departure date, the flat-rate cancellation charge shown in 4.3. b) shall be payable for the person that has cancelled, and the per-person price that has already been confirmed for the remaining person shall not change.
4.8. Cancellation charges are payable immediately.
- Rebooking / replacement participants / name changes
5.1. After conclusion of contract the customer shall not be entitled to make changes in respect of the travel date, destination, departure location, accommodation or means of transport (rebooking). If, nonetheless, at the wish of the customer rebooking does take place, LS can charge a rebooking fee per customer in compliance with the deadlines below. Unless anything to the contrary has been agreed in the individual case before agreeing to the rebooking, the rebooking fee up to the date of the second cancellation stage for the respective form of travel in accordance with the provisions above in Point 4.3. shall be EUR 250 per rebooking operation.
5.2. If the customer wishes to rebook after the expiry of the deadlines, insofar as it is possible to implement this at all it shall only be implemented if the customer withdraws from the travel contract in accordance with the terms in Points 4.2 to 4.5 and simultaneously makes a new booking. This does not apply to wishes to rebook that only cause negligible costs.
5.3. Replacement participants
Up to the commencement of the trip, i.e. taking account of an appropriate period for organisational measures, which must be reasonable for LS, the customer can request that a third party enter into their rights and duties from the travel contract (Section 651b BGB). LS can object to the entry of the third party if the latter does not meet the special travel requirements, or if statutory provisions or official directives conflict with this. If a third party enters into the contract, they and the customer themselves shall be jointly and severally liable to LS for the travel price and the additional costs arising due to the entry of the third party, e.g. airline costs if scheduled flights form part of the travel contract.
5.4. Name changes
When the travel booking is made, LS must be provided with the full name of the person making the booking with all their first and last names, and the names of all participants on the trip, and these must be identical to their valid passports. A name change means any change to the spelling of the first or last name. Name changes up to the 21st day before the departure date are only permitted in return for a processing fee of EUR 50 per person, plus all costs charged to LS by their service providers. Should the customer request a name change after the 21st day before the departure date, if this is possible at all the name change can only be implemented if the customer withdraws from the travel contract in accordance with the terms in Point 4.3 and simultaneously makes a new booking. This does not apply to name changes that cause only negligible costs.
Point 5.3 is not affected by this.
5.5. Processing, rebooking and name change charges are payable immediately.
- Unused services
If the customer does not make use of individual travel services that were properly offered to them for reasons attributable to the customer (e.g. premature return journey or for other compelling reasons), they shall have no claim to a pro rata reimbursement of the travel price. LS shall endeavour to obtain reimbursement of the expenditure that has been saved by the service providers. This obligation shall not apply if the services involved are entirely insignificant, or if statutory or official provisions conflict with such reimbursement.
- Termination for reasons of conduct
7.1. LS can terminate the travel contract without complying with a notice period if the customer continues to be disruptive irrespective of a warning by LS, or if they behave contrary to contract to such a degree that the immediate cancellation of the contract is justified. During the sailing trip this termination shall be pronounced by the responsible skipper on board on behalf of LS.
7.2. If LS terminates the contract, it shall retain the entitlement to the travel price; it must, however, allow the value of the saved expenditure to be offset against this, as well as any benefits it obtains from any other use of the unused service, including the amounts credited to LS by the service providers. The customer shall always remain free to demonstrate to LS that the latter has incurred no damages at all, or much lower damages than the pro rata balance of the travel price retained by LS.
- Termination due to exceptional circumstances
8.1. Termination before the departure date
If the trip is made considerably more difficult, jeopardised or adversely affected as a result of incidents of force majeure (e.g. by war, civil unrest, natural disasters, epidemics, sovereign measures such as the seizure of accommodation or means of transport, loss at sea or other events that are comparable to the aforementioned examples) that were not foreseeable on conclusion of contract, both the customer and LS can terminate the travel contract. LS shall then repay the travel price immediately. However LS reserves the right to request appropriate compensation for travel services that have been provided or are still to be provided.
8.2. Termination after the departure date
If termination takes place after the trip has commenced, LS shall be obliged to take necessary measures, in particular to transport the customer back to the port of departure, if possible. The parties shall each bear half of the additional costs for the return transport. The customer shall bear the remaining additional costs.
- Customer’s obligations
9.1. The obligation of notification of defects which derives from Section 651 d Para. 2 BGB takes the following specific form in respect of travel with LS:
The traveller is obliged to immediately report any defects arising to the local representative of LS (travel guide, agency) and request remedial action. On board, the defect should be reported to the yacht skipper, and if possible should be logged there.
The traveller will be informed of the person representing LS, their availability and their contact details no later than when the travel documents are sent to the traveller.
If, in accordance with the contractual agreements, there is no requirement to provide a local representative or travel guide, the traveller shall be obliged to report defects immediately directly to LS at the address stated below:Leisure-Sailing Ltd., Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom
The traveller’s claims shall not lapse if the traveller is prevented from reporting defects through no fault of their own.
Upon the defect being reported, LS must be granted an appropriate period of time to remedy the defect, unless such remedy is impossible or is refused by LS. LS can provide remedy by providing a replacement service of the same or higher value, provided this is reasonable for the customer. If LS offers the customer reasonable remedy after a complaint, the customer must accept this. If the customer refuses this reasonable remedial action, they cannot later assert claims under guarantee in respect of the circumstances about which they have complained.
9.2. Ship employees, travel guides, agencies and employees of service providers are not allowed and are not authorised by LS to confirm defects or acknowledge claims against LS, but they can receive these and confirm this receipt to the customer.
9.3. If the trip is severely impaired by a defect in the trip, the customer/traveller can terminate the contract. The same applies if the trip is no longer reasonable for them as a result of such a defect for a legitimate cause that is apparent to LS. Such termination is only permissible once LS or, insofar as they exist and have been contractually agreed as contacts, LS’s agent (travel guide, agency), has allowed an appropriate period set by the customer/traveller to expire without providing remedy. There is no requirement to set such a period if remedy is impossible or is refused by LS or its agent, or if the immediate termination of the contract is justified by a particular interest of the traveller.
9.4. In the event of flights being incorporated in the future: in the event of loss of or delays to luggage, the damage or delays in delivery must immediately be reported to the traveller’s flight transporter on the spot by means of a written notification of damages to the responsible airline. Airlines can refuse reimbursement if the damage has not been notified to them. For damage to luggage, notification of damage must take place within 7 days, and for delay within 21 days of the luggage being handed to the travellers. Moreover the loss, damage or misdirection of luggage must be reported to the travel guide or local representative of LS or to LS directly.
9.5. Damage to or loss of luggage during embarkation or disembarkation must be reported immediately. The customer is obliged to send written notification of damage to LS or its agent. If cabin luggage has visible external damage, the customer must report this damage immediately, or at the latest at the time of disembarking. For other visible external damage to luggage that has been transported by on-board personnel or has been stored for the customer, the customer must report the damage as soon as the luggage is handed back to them. If the damage is not visible externally, it must be reported no later than 15 days after disembarkation, handover or the time at which handover was planned. The conveyance, stowage and handling of the traveller’s luggage always take place at their own risk.
9.6. The customer must inform LS if they do not receive the necessary travel documents (e.g. air ticket, ship voucher) or do not receive them in full within the period notified to them by LS.
9.7. Passengers with limited mobility: guests with illnesses or special requirements that necessitate care during the trip, or passengers travelling with medical apparatus, including wheelchairs, electric vehicles, oxygen therapies etc. must inform LS of this before the departure date. These guests will be sent a form with further questions. Please note that many ports are not suitable for guests with limited mobility, and special arrangements might have to be made at the guest’s expense. LS is entitled to exclude guests from travelling that are not physically, mentally or emotionally capable of travelling, or for whom the necessary care can no longer be provided on board (see Points 15.4 und 5). LS will permit the use of special equipment as described above under certain conditions.
- Limitation of liability
We refer to the disclaimer and our data privacy statement. This takes precedence over the provisions below.
10.1. The contractual liability of LS for damages not arising out of death, injury to body or health is limited to three times the travel price insofar as damage to the customer has been caused neither intentionally nor out of gross negligence or insofar as LS is responsible for damage incurred by the customer solely on account of the fault of a service provider. (Sections 537 et seq. HGB as the de facto implementation of Regulation (EC) 392/2009)10.2. A claim against LS for compensation is limited or excluded if, on the basis of international treaties (e.g. the Montreal Treaty) and of statutory provisions based on these that are applicable to the services to be provided by a service provider, a claim for compensation can only be asserted against the service provider under certain conditions or restrictions, or is excluded under certain conditions. Thus LS might, for example, refer you to the fact that under certain conditions the service providers are not liable for delays to aircraft, trains, buses and ships, such that LS also does not have to take responsibility for connections being missed. Possible claims over and above this in accordance with the Montreal Treaty or the Luftverkehrsgesetz [Air Traffic Act] remain unaffected by this limitation of liability.
10.3. LS shall not be liable for damage to cabin luggage. In this respect the customers themselves are responsible for their luggage.
10.4. LS shall not be liable for disruption of services, personal injury or damage to property in connection with services that have only been procured as third-party services (e.g. excursions, sports events, theatre visits, exhibitions, transport services from and to the advertised place of departure and destination) if these services are expressly identified in the description of the trip and the booking confirmation as third-party services, stating the procured contractual partner, and this is stated so clearly that it is evident to the customer/traveller that they do not form part of the travel services provided by LS. LS shall, however, be liable for procured services if and insofar as the damage to the customer/traveller has been caused by the violation by LS of duties of information, clarification or organisation. Any liability of LS arising from the violation of its duties as an intermediary remains unaffected by the above provisions.
- Exclusion of claims
11.1. The customer must assert claims on account of failure to provide the trip in accordance with the contract within one month of the contractually stipulated end date of the trip. This period commences on the day following the day of the contractual end of the trip. If the last day of the period falls on a Sunday, a nationally recognised public holiday at the place of declaration or a Saturday, this day shall be replaced by the next working day.
11.2. Claims can only be asserted in a timely manner to LS at the address stated below. The customer can only assert claims after the expiry of this period if they were hindered in complying with this period through no fault of their own.
11.3. Only in the case of an offer with a flight connection:
The limitation period in accordance with Point 12.1 also applies to reporting luggage damage or delays in delivering luggage in connection with flights if rights under guarantee are asserted arising from Sections 651 c Para. 3, 651 d, 651 e Para. 3 and 4 BGB. A claim for compensation on account of damage to luggage during air transport must be asserted within 7 days of the luggage being handed back, and a claim for compensation on account of a delay in delivering luggage during air transport within 21 days of the luggage being returned. Claims for compensation for seaborne or cabin luggage conveyed are excluded if the notification did not take place within the periods stated in Point 9.5.
- Limitation period
12.1. Claims by the customer in accordance with Sections 651c to f BGB arising out of death, injury to body or health, which are based on an intentional or negligent breach of duty by LS or a legal representative or vicarious agent of LS, expire after two years. This also applies to claims for other damages based on an intentional or grossly negligent breach of duty by LS or a legal representative or vicarious agent of LS.
12.2. All other claims in accordance with Sections 651c to f BGB expire in one year.
12.3. Claims from unlawful acts expire within three years unless they also arise in accordance with the provisions of the HGB [Commercial Code] on liability under maritime law. These claims for damages under maritime law arising out of death, bodily injury or damage to luggage expire after two years.
12.4. The limitation in accordance with Points 12.1 and 12.2 commences on the day following the day of the contractual end of the trip. If the last day of the period falls on a Sunday, a nationally recognised public holiday at the place of declaration or a Saturday, this day shall be replaced by the next working day.
12.5. If negotiations are pending between the customer and LS about the claim or the circumstances forming the basis of the claim, the limitation period shall be suspended until the customer or LS refuses to continue the negotiations. Expiry shall occur at the earliest three months after the end of the suspension.
- Duties of information on the identity of the operating airline
Only in the event of LS incorporating flights into a sailing trip:
13.1. In accordance with the EU Regulation on informing air transport passengers of the identity of the operating air carrier, LS shall inform the customer before booking, or at the latest at the time of booking, of the identity of the operating airline(s) in respect of all flight transport services to be provided within the framework of the booked trip.
13.2. If at the time of booking the operating airline(s) has/have not yet been finalised, LS shall be obliged to provide the customer with the name of the airline(s) which will probably operate the flight. As soon as LS knows which airline is operating the flight, LS shall inform the customer.
13.3. If the airline named to the customer as the operating airline changes, LS shall inform the customer of the change immediately and as rapidly as possible by appropriate means.
13.4. The blacklist compiled in accordance with the EU Regulation (airlines that are forbidden to use the airspace above the member states) can be accessed on the LS website or directly at http://air-ban.europa.eu and in the business premises of LS.
- Passport, visa and health regulations
14.1. It is the responsibility of customers themselves to plan and effect their arrival at/departure from the starting/final port of the sailing trip. Customers themselves shall check and effect/comply with the passport, visa and health regulations for this and for the sailing trip itself.
In the event of LS offering to provide the arrival/departure within the framework of the sailing trip, before the conclusion of contract LS shall instruct nationals of any state in the European Communities in which the trip is being offered about provisions of passport, visa and health regulations, as well as of any changes to these before the departure date. LS can also arrange for this information to be provided by the intermediary travel agent.
For nationals of other states, the responsible consulate will provide information. It will be assumed in this respect that there are no anomalies concerning the customer personally or any fellow travellers (e.g. dual nationality, statelessness). Every traveller from EU countries and Switzerland must carry on them a machine-readable passport (ePassport) that is valid for at least six more months after the end of the trip; this also applies to travel in Europe.ENTRY DOCUMENTS FOR CHILDREN: On the basis of European regulations, entries for children in their parents’ passports have no longer been valid since 26 June 2012. From this date all children have had to have their own travel document. Persons aged under 18 who are not accompanied by a parent authorised to represent them require an officially certified statement of consent from the person with parental authority that they must carry with them on the sailing trip. On sailing trips that include a Canadian port, persons aged under 18 travelling with only one parent require written consent from the parent that is not travelling with them.
Entry requirements can change at any time and at short notice. The entry requirements valid for the customer’s departure date can be found on the websites of the relevant Foreign Office, Ministry of Foreign Affairs or the respective embassy. Information about current requirements can be obtained on the LS website and from the intermediary travel agent. The customer should therefore check the up-to-date details of any changes that might have taken place shortly before their departure.
On board the LS yachts, the laws and health regulations of the United Kingdom or of the respective ship’s flag of the yacht apply. Customers should please note that, due to the heightened security situation, the obligatory guest registration in the crew list with your passport details must be available to LS even if, as a customer, you enter the destination region on your own responsibility. Embarkation might be refused if the required passport details are not available. This prior registration is necessary for dealing with the regulations prescribed by the respective port authorities. For this the customer should send copies of their own passport and those of all the fellow travellers for whom they have made a booking to: info@Leisure-Sailing.Travel.
14.2. The customer is responsible for obtaining the officially necessary travel documents and carrying them with them, obtaining any necessary vaccinations, and complying with the customs and currency regulations. The customer shall bear any disadvantages that accrue from non-compliance with these regulations, such as the payment of cancellation costs. This shall not apply if LS has not provided any information, or has done so inadequately or incorrectly.
14.3. If the customer has instructed LS to obtain the necessary visas, LS shall not be liable for the respective diplomatic representation issuing these or the customer receiving them in good time, unless LS is in culpable breach of its own duties.
14.4. We recommend that our customers take out insurance against cancellation costs and lost luggage.
- Transport exclusions and restrictions
15.1. Passengers aged under 18 may only go on board accompanied by a person aged at least 18 at the time of embarkation who is travelling in the same or a neighbouring cabin. This accompanying person must expressly declare their willingness to accept responsibility for the guests under 18. LS is not permitted to sell alcoholic drinks on board to minors (persons who are aged under 18 at the time of embarkation). Guests aged between 18 and 20 are permitted to consume beer and wine on board with a written declaration of consent from their parents. Passengers aged at least 18 are permitted to consume alcoholic drinks (beer and wine) on sailing trips that start and end in Europe.
15.2. For safety reasons we do not transport babies. For young children, a minimum age of 12 months applies at the time of starting the sailing trip.
15.3. We do not transport women who are pregnant and have reached the 24th week of pregnancy. Women who are pregnant must be able to present a medical certificate in English stating that they are able to travel and the due date. LS is not liable for any pregnancy complications occurring during the sailing trip.
15.4. Passengers with physical or medical problems requiring special treatment must indicate this to LS when booking. In some cases LS will ask for special forms to be presented in respect of liability – see Point 9.6. LS has the right to refuse passengers that LS considers should not start any sailing trip for mental or physical reasons, or that require care that LS cannot guarantee. Every affected passenger must be able to take care of themselves. Passengers that are not capable of this (for example who cannot eat independently, dress or undress themselves, or participate in safety drills) must start the trip accompanied by a person who can assist them with everything during the trip. Wheelchairs must be brought by the passengers themselves, and must be small and foldable. Guests with limited mobility can obtain important information on gangways and tender options from the LS reservation department.
15.5. If the skipper (in consultation with the ship’s doctor in the case of mental or physical reasons) should have the impression that a traveller is no longer capable of travelling, or that their health or safety, or the health or safety of other persons on board, is at risk, the skipper is entitled at any time to refuse to allow the traveller to embark at a particular port or to request that the traveller disembarks at a particular port.
15.6. For adolescents aged 14–17 travelling without their parents, LS assumes responsibility for the adolescents at the airport in the destination region and retains this until departure from the airport in the destination region. The adolescents’ parents must issue a corresponding written declaration in advance of the trip. A pre-printed form will be sent to the parents together with the booking confirmation, and must be returned to LS within 10 working days.
15.7. If a traveller should contract a contagious virus infection or bacterial illness during the sailing trip, for health and safety reasons the skipper may ask the traveller to remain in their cabin.
15.8. Due to the sanctions issued by the US Government Office of Foreign Assets Control (“OFAC”) against countries such as North Korea, Cuba, Iran and Syria, US shipping companies are not permitted to conclude transactions with the aforementioned states and their citizens. It is therefore the business policy of LS generally to refuse bookings by and transportation of citizens of the states mentioned on LS ships unless these persons can produce a valid residence permit as an inhabitant of a non-sanctioned state, and can make payment for their sailing trip and on-board expenditure by means of resources that originate from a bank based in a non-sanctioned state.
- Medical care on board
The sailing yachts used by LS have a basic stock of first aid equipment; therefore only limited treatment on board is possible, and only basic care can be guaranteed. In cases of risk the patient might therefore be disembarked at the next port at their own expense so that in the case of serious injury or illness they can use the nearest local medical centre. Treatment will be provided in return for payment; no direct settlement via health insurance is possible. On board the guest will be given a detailed invoice for basic healthcare services.
- Data protection
We refer to our disclaimer and data privacy statement.
Please note that check-in normally takes place around 16.00 local time on the day of embarkation (unless stated otherwise in the booking confirmation). The guest is solely responsible for complying with this boarding time at the port of embarkation. In the event of non-compliance, all the costs thus incurred shall be borne by the guest. At all ports of call, the customer must return on board no later than half an hour before the departure time. The ship’s official departure time will be announced on board for every port of call. It should be noted that the clock time on board is always the same as the clock time on land. The guest is solely responsible for returning to the ship punctually. All costs incurred in transporting the guest back on board the ship (e.g. government charges, visa costs, accommodation, food and drink, transport costs, entry costs etc.) shall be borne by the guest.
- Agreement on the choice of law and place of jurisdiction
German law shall apply to all legal disputes from the travel contract.
It is agreed that Karlsruhe (Germany) shall be the place of jurisdiction for claims by LS against customers or contracting parties to the travel contract that are registered traders, legal persons under public or private law, or persons whose residence or habitual place of abode is outside Germany, or whose residence or habitual place of abode is unknown at the time of action being taken, unless international treaties conflict with this.
Leisure-Sailing Ltd., Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom