Imprint, T&C

General Terms and Conditions

Scope

The following terms and conditions apply to the conclusion of contracts for the participation in trainings by Josef Schönenberg (also in cooperation with other trainers and lecturers) – hereinafter referred to as seavolutionary. These GTC, the registration form and the price list form the entire contract between seavolutionary and the participant.

The Training

The realization of the training is bound to a minimum number of participants. If the minimum number of participants for the training booked by the participant is not reached or if the planned training cannot take place for a reason for which seavolutionary is not responsible, the training can be moved to a later date or canceled. Similarly, seavolutionary may postpone the training session in case of illness of the responsible trainer(s).

If the rescheduling does not agree with the participant, he/she can refrain from participating in the training. In this case, the fee already paid will be refunded in full. This also applies in the event that the training is cancelled altogether. If the participant agrees to the rescheduled date, the fee already paid will be credited to the later training.

Due to the unpredictable influence of wind and weather, desired ports or anchorages may not be called – here safety takes precedence over schedule. Bad weather situations, calm or non- availability of the crew may require port times during the training. The associated loss of sailing time does not entitle the participant to a refund of the fees. The main focus is the execution of the training. It is basically not a sailing/holiday trip.

The decisions regarding the sailing route and safety on board during the training are made by the skipper.

The instructions of the skipper must be followed. If participants do not follow the instructions or repeatedly act against the common interests of the crew, they can be excluded from the training after reaching the nearest port and must leave the sailboat without any claim for compensation or refund of the participation fee. In this case the contract expires. Further legal claims against the crew and seavolutionary do not exist.

If it becomes apparent due to the behavior of the participant during the training that the implementation of the training is unsuitable for him or he hinders the progress of the training, seavolutionay reserves the right to suggest the participant to cancel the participation. In this case the participation fee will not be refunded.

seavolutionary reserves the right to change ports of departure and destination, even at short notice, for technical, organizational or weather-related reasons.

The subject of the contract is not a travel or transportation service. This is not a package holiday. The participant is part of the crew of the sailing ship. The sailing ship is our common seminar room for the period of the training.

By booking, the participants acknowledge that they are aware that despite all the safety measures taken by seavolutionary, the conduct of training on a sailboat is a sporting event and this by its nature contains a residual risk.

The participant undertakes that he/she can swim for at least 15 minutes, is organically and physically healthy and does not suffer from any contagious diseases. The minimum age for participation is 18 years. Participation is at the participant’s own risk.

The participant bears full responsibility for his/her actions during the entire training process. Participation in training requires normal mental and physical resilience.

The offered trainings are not a form of therapy. Participants with mental illness are excluded from the trainings. With regard to the mental illness, the participant has a duty of disclosure.

The content of the performance of the training is not to make individual diagnoses or to give decided therapy recommendations. The techniques and exercises learned in the sessions are not to be understood as a substitute for professional treatment for health problems or major mental disorders.

The charter yachts are usually covered by liability and hull insurance. Damages due to intent or gross negligence are not insured. Here the causer is liable for the entire damage. seavolutionary is not liable for lost or damaged objects or valuables of participants on board. This is especially true for water damage to electronic devices and other valuables.

In order to cover individual risks of the participants within the scope of travel cancellation, accident, liability, health or luggage insurance, seavolutionary recommends to make own provisions.

Remuneration

For the participation in the training seavolutionary charges a participation fee. The amount of the fees results from the price list enclosed with the registration. If not stated otherwise, all prices include the respective statutory value added tax.

The participation fee is due immediately without deduction upon receipt of the invoice and payable within 14 days of receipt of the invoice. The participant can only take part in the training after full payment of the participation fee.

The participant can only offset against claims of seavolutionary with legally binding or undisputed claims. The participant is only authorized to assert a right of retention insofar as his counterclaim is based on the same contract and is undisputed or legally established.

The participant has to notify seavolutionary in writing of any objections to the invoice amount immediately, but no later than six weeks after receipt of the invoice. The omission of timely objections is considered as approval.

Cancellation fees

In the event of termination of participation by
a) to 8 weeks before the start of the training a handling fee of 1/3 of the participation fee is due.

b) A processing fee of 50% of the participation fee is due 4 weeks before the start of the training.

c) If the cancellation is made at a later date, the entire participation fee will be due