As at: March 2019. This transitional version is currently under review and will be replaced by an updated version.

General Travel Terms and Conditions

The following travel terms and conditions form part of the package travel contract concluded between IVENT-SAILING and the customer within the meaning of section 651a of the German Civil Code (BGB) and supplement the statutory provisions accordingly. Where the term “durable medium” is used in the following terms, this shall, in accordance with section 126b BGB, mean any medium that enables the recipient to keep or store a declaration addressed to him personally on the data medium in such a way that it remains accessible for a period appropriate to its purpose, and which is suitable for reproducing the declaration unchanged. This includes, among other things, USB sticks, CD-ROMs, DVDs, paper, e-mails, memory cards and computer hard disks.

1. Conclusion of a travel contract

1.1 By submitting a travel booking, the customer makes a binding offer to IVENT-SAILING to conclude a travel contract. The travel booking may be made in writing, orally, by telephone or by electronic means (e-mail, internet), after the customer has been duly informed by IVENT-SAILING within the meaning of Article 250 sections 1-3 of the Introductory Act to the German Civil Code (EGBGB).

1.2 The travel booking is made by the person registering on behalf of all participants listed in the booking, for whose contractual obligations the person registering is liable as for his or her own obligations, provided that he or she has assumed a corresponding separate obligation by express and separate declaration.

1.3 The contract is formed upon acceptance by IVENT-SAILING. Acceptance does not require any particular form. At the time of, or immediately following, the conclusion of the contract, IVENT-SAILING shall send the customer the travel confirmation complying with the statutory requirements on a durable medium, or, in the cases set out in Article 250 section 6(I) EGBGB, hand it over in paper form.

1.4 If the content of the confirmation differs from the content of the travel booking, this constitutes a new offer by IVENT-SAILING, by which it shall be bound for a period of 10 days. The contract is concluded on the basis of this new offer, provided that IVENT-SAILING has drawn attention to the changes and has otherwise fulfilled its pre-contractual information obligations pursuant to Article 250 sections 1-3 EGBGB. The customer’s acceptance shall be effected by express declaration, payment of a deposit or full payment to IVENT-SAILING.

2. Payment

2.1 Payments towards the trip price prior to the conclusion of the trip may only be demanded and made in exchange for the handing over of the travel insurance bond within the meaning of section 651t BGB, which contains the name and contact details of the customer funds insurer in a clear, comprehensible and prominent manner.

2.2 Upon conclusion of the contract, a deposit of at least 20% of the trip price is due. Further payments are due on agreed dates, with the balance due upon delivery or receipt of the travel documents 4 weeks before the start of the trip, provided that the trip can no longer be cancelled for the reasons set out in number 9(b).

2.3 By way of derogation from clause 2.2, the full trip price for a package trip may also be demanded without the handing over of a travel insurance bond if the trip does not last longer than 24 hours, does not include an overnight stay, or the trip price does not exceed EUR 500.

2.4 Payments may be made by bank transfer or PayPal without the levying of additional charges by IVENT-SAILING. For payments by VISA and MasterCard credit card via PayPal, no user fees are charged to the IVENT-SAILING customer; for payments by American Express credit card, the user fees currently amount (as at 03/2019) to 1.9% of the payment amount.

2.5 If the customer is in default of payment of the trip price in whole or in part, IVENT-SAILING shall be entitled, following a reminder and the setting of a deadline, to withdraw from the contract and to claim damages in accordance with clauses 6.3 and 6.6 respectively.

3. Services and brochure details

3.1 The services contractually agreed upon are set out in the service descriptions in the brochure or in the travel confirmation and in the information provided in accordance with Article 250 section 3 EGBGB.

3.2 Differing services, e.g. from other brochures of service providers, as well as special requests which alter the scope of the intended services, shall only be binding if expressly confirmed by IVENT-SAILING on a durable medium.

3.3 Third parties are not authorised to make any commitments and/or enter into any agreements which deviate from the travel terms and conditions or the offerings of IVENT-SAILING.

3.4 Services booked by the customer directly with third-party companies as third-party services do not form part of IVENT-SAILING’s scope of services (e.g. sporting events, excursions, tours, exhibitions etc.).

4. Changes to services

4.1 IVENT-SAILING expressly reserves the right to declare justified changes to services and prices prior to the conclusion of the contract. A pre-contractual price adjustment may become necessary in particular for the following reasons: a) due to an increase in transport costs, in charges for certain services such as port or airport fees, or due to a change in the exchange rates applicable to the trip in question after publication of the brochure; b) where the package trip requested by the customer and offered in the brochure is only available through the purchase of additional contingents after publication of the brochure.

4.2 Changes or deviations of individual travel services from the agreed content of the travel contract which become necessary after the conclusion of the contract, and which were not brought about by IVENT-SAILING contrary to good faith, are only permissible insofar as the changes or deviations are not significant and do not impair the overall character of the booked trip.

4.3 IVENT-SAILING undertakes to inform the customer of changes to services and/or deviations without undue delay on a durable medium pursuant to section 651f(II) BGB. In the event of a subsequent significant change to a material travel service, the customer shall be entitled to withdraw from the travel contract or to request participation in an equivalent trip, provided that IVENT-SAILING is able to offer such a trip from its programme without additional charge. Where appropriate, the customer shall be offered a free rebooking.

4.4 Any warranty claims shall remain unaffected insofar as the changed services are defective.

5. Withdrawal by the customer

5.1 The customer may withdraw from the trip at any time prior to its commencement. The withdrawal must be declared to IVENT-SAILING. The receipt of the declaration of withdrawal shall be decisive. The withdrawal may, in principle, be made without any particular form. However, the customer is advised to declare the withdrawal on a durable medium.

5.2 In the event of the customer’s withdrawal prior to the commencement of the trip, IVENT-SAILING shall be entitled, in lieu of the trip price, to compensation for withdrawal (section 651h BGB), provided that the withdrawal is not attributable to IVENT-SAILING and/or that no unavoidable, exceptional circumstances within the meaning of section 651h(III) BGB are present.

5.3 For flight trips with charter or scheduled airlines, in the case of sailing trips, boat/cruises, package trips and travel modules of hotel and rental car, the following amounts of the total trip price shall be claimed as compensation: up to the 61st day prior to commencement of the trip 50%, from the 60th to the 30th day 70%, from the 29th to the 15th day prior to commencement of the trip 90%, and from the 14th day prior to commencement of the trip 100%. The following applies to flights: unless otherwise provided in the travel contract, flights cannot be rebooked or cancelled.

5.4 In addition, the price of arranged services (e.g. insurance, visas) may be charged in full.

5.5 In the event of a calculation pursuant to clause 5.3, the customer reserves the right to demonstrate that IVENT-SAILING incurred no costs or substantially lower costs in connection with the withdrawal.

5.6 In lieu of the lump sums set out in clause 5.3, IVENT-SAILING may assert a specifically calculated claim for compensation in respect of the travel arrangements made and for its expenses. The trip price, less the expenses saved and any alternative uses of the travel services, shall be decisive for the calculation of the compensation. In this case, IVENT-SAILING shall calculate and justify the specific compensation.

5.7 The customer’s right to transfer the contract pursuant to section 651e BGB shall remain unaffected by the foregoing provisions.

6. Rebookings

6.1 The customer shall have no entitlement, after conclusion of the contract, to changes regarding the date of travel, the destination, the place of departure, the accommodation, the means of transport or the airline, provided that IVENT-SAILING has fulfilled its pre-contractual information obligations pursuant to Article 250 sections 1-3 EGBGB. Should changes regarding the date of travel, the place of departure, the accommodation, the means of transport or the airline be made at the customer’s request after conclusion of the contract and up to the 31st day prior to the start of the trip, the tour operator shall charge the customer the costs actually incurred per person. In addition, a processing fee of EUR 30 shall be deemed agreed.

6.2 Rebooking requests by the customer made from the 30th day prior to the commencement of the trip can, insofar as their implementation is at all possible, only be carried out by way of withdrawal from the travel contract pursuant to clause 6 on the conditions stated therein and simultaneous new booking. This does not apply to rebooking requests which incur only minor costs.

6.3 Rebooking requests relating to the ship or the destination are, in principle, only possible by way of withdrawal from the travel contract (cancellation) on the conditions set out in clauses 5.3 and 5.6 respectively, and a subsequent new conclusion of contract.

7. Services not used

If the traveller does not make use of individual travel services as a consequence of early return travel or for other reasons not attributable to IVENT-SAILING, IVENT-SAILING shall endeavour to obtain reimbursement of the expenses saved from the service providers. This obligation shall not apply where the services are wholly insignificant, where reimbursement cannot be obtained, or where statutory or regulatory provisions preclude reimbursement.

8. Withdrawal, termination and changes by IVENT-SAILING

IVENT-SAILING may withdraw from the travel contract prior to the commencement of the trip, or terminate the travel contract after commencement of the trip, or cancel or amend the trip in cases of force majeure and other important reasons, in the following cases:

a) Without observing a notice period, if the traveller persistently disrupts the conduct of the trip despite a warning, or if he behaves in such a manner contrary to the contract that the immediate termination of the contract is justified. If IVENT-SAILING terminates the contract for this reason, IVENT-SAILING shall retain the entitlement to the trip price.

b) Where an advertised or officially specified minimum number of participants is not reached, provided that the travel offering for the relevant trip indicated a minimum number of participants and the deadline by which the tour operator’s withdrawal is possible, within the period specified in the contract, but at the latest – 20 days prior to the start of the trip in the case of a trip duration of more than 6 days, 7 days prior to the start of the trip in the case of a trip duration of at least 2 and at most 6 days, – 48 hours prior to the start of the trip in the case of a trip duration of less than 2 days. In every case, IVENT-SAILING is obliged to inform the customer without undue delay after the occurrence of the conditions for non-performance of the trip and to forward the declaration of withdrawal without undue delay. Payments already made towards the trip price shall be refunded to the customer.

c) In cases of force majeure or other important reasons, IVENT-SAILING is entitled to cancel the trip in part. In such cases, all paid passage costs of the ship trip shall be refunded on a pro rata basis where applicable, or a replacement date shall be offered. Any further claims (rebooking or cancellation costs for self-booked flights, hotels, ferries or similar) are excluded. IVENT-SAILING and the responsible captain are entitled, at their own discretion, without assumption of liability for damages and without any refund obligation of any kind, to deviate from the announced or customary route and to change or modify the content, equipment and scope of the trips.

9. Liability of IVENT-SAILING

9.1 IVENT-SAILING is liable within the scope of the duty of care of a prudent businessperson for the conscientious preparation of the trip, the careful selection and supervision of service providers and the proper provision of the confirmed travel services on the basis of the respective offer.

9.2 IVENT-SAILING is not liable for service disruptions in connection with services which are not part of the travel contract and which the traveller has booked and used directly without arrangement by IVENT-SAILING (e.g. events, excursions, visits, etc.).

9.3 The contractual liability of IVENT-SAILING for damage other than bodily injury is limited to three times the trip price, insofar as damage to the customer was not caused intentionally or through gross negligence, or insofar as IVENT-SAILING is liable for damage incurred by the customer solely as a result of an intentional or grossly negligent breach of duty by a legal representative or vicarious agent (e.g. service provider).

9.4 Where international conventions or statutory provisions based thereon apply to a travel service to be provided by a service provider, under which a claim for damages can only arise or be asserted under certain conditions or limitations, or is excluded under certain conditions, IVENT-SAILING may rely on such provisions.

10. Insurance

Unless otherwise stated, no insurance is included in the trip price. IVENT-SAILING expressly recommends that the customer take out the following insurance policies: – trip cancellation insurance, – baggage insurance, – trip curtailment insurance, – travel accident insurance, – travel health insurance.

11. Customer’s duties

11.1 All medical conditions or physical disabilities which require special care or supervision must be notified to IVENT-SAILING at the time of booking. Travellers must be able to hold on safely, board a tender with assistance and navigate a steep ship’s ladder with handrails on both sides. IVENT-SAILING considers travel from the 26th week of pregnancy to be a risk and accepts no liability for any complications arising therefrom. IVENT-SAILING is generally entitled to refuse a person, even partially, participation in the sailing trip, if, in the judgement of IVENT-SAILING or the skipper/captain, that person is unfit to travel by reason of his or her physical or mental condition. In such a case, clause 8(a) shall apply.

11.2 The customer must notify IVENT-SAILING without undue delay if he or she has not received the required travel documents (flight tickets, service vouchers and travel information) within 10 days prior to the commencement of the trip or within the period notified to him or her.

11.3 Where travel services are not provided in accordance with the contract, the customer may demand remedy. The customer is obliged to notify IVENT-SAILING of any travel defects that arise without undue delay. The notification must be made to the on-site travel representative, whose contact details are set out in the travel documents. In addition, any travel defects must be brought to the attention of IVENT-SAILING without undue delay (for address, see clause 18). Outside our business hours of 10:00 to 17:00, you can reach us in an emergency on +49 15116405665.

11.4 Contractual claims for price reduction (section 651m BGB) and claims for damages (section 651n BGB) are excluded if the customer culpably fails to give notice of the defect. The on-site travel representative is instructed to provide remedy where possible. However, the travel representative is not authorised to acknowledge claims of the customer.

11.5 Should the customer wish to terminate the travel contract on account of a travel defect of the kind referred to in section 615i BGB pursuant to section 615l BGB, or for an important reason recognisable to IVENT-SAILING, he or she must first set IVENT-SAILING a reasonable deadline. This does not apply where remedy is impossible or is refused by IVENT-SAILING, or where the immediate termination of the contract is justified by a special interest of the customer that is recognisable to IVENT-SAILING.

11.6 In the event that the customer’s baggage is lost, damaged or does not arrive on time during flight trips, the customer must immediately make a written damage report (P.I.R.) on the spot to the airline that performed the carriage. The damage report must be filed within 7 days in the case of loss of baggage, and within 21 days of delivery in the case of delays. Airlines generally refuse refunds if the damage report has not been completed. IVENT-SAILING accepts no liability for the loss or damage of valuables or money in checked baggage where these have not been expressly noted on the flight ticket when the baggage was checked in. In all other respects, the loss, damage or misdirection of baggage must be reported to IVENT-SAILING or the travel representative without undue delay.

11.7 Claims in cases of denied boarding, cancellations and delays under EU Regulation No 261/2004 must be addressed exclusively to the operating airline.

12. Passport, visa, entry and health requirements

12.1 IVENT-SAILING shall inform the customer about passport and visa requirements, as well as about health formalities required for the trip and stay, and the approximate duration required for obtaining any documents. However, the customer is responsible for complying with all regulations relevant to the conduct of the trip. All disadvantages arising from failure to comply with these regulations shall be borne by the customer, except where they are caused by incorrect or absent information from IVENT-SAILING.

12.2 Should the entry requirements of individual countries not be complied with by the customer, with the result that the customer is prevented from undertaking the trip, IVENT-SAILING may charge the customer the corresponding cancellation fees.

12.3 IVENT-SAILING is not liable for the timely issuance and receipt of necessary visas, travel permits and/or other documents by the relevant diplomatic representation, where the customer has commissioned IVENT-SAILING with their procurement, unless IVENT-SAILING has culpably breached its own duties.

13. Customs regulations

The customer is obliged to observe both the customs regulations of the country travelled to and those of the home country. The customer is obliged to inform himself or herself of the applicable regulations.

14. Choice of law

German law shall apply exclusively to the contractual relationship between the customer and IVENT-SAILING. This also applies to the entire legal relationship. Insofar as, in the case of actions brought by the customer against IVENT-SAILING abroad, German law is not applied as regards the liability of IVENT-SAILING as such, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the nature, scope and amount of the customer’s claims.

15. Jurisdiction

15.1 The customer may bring an action against IVENT-SAILING only at the company’s registered seat.

15.2 For actions brought by IVENT-SAILING against the customer, the customer’s place of residence shall be decisive. For actions against customers or contractual partners of the travel contract who are merchants, legal persons under public or private law, or persons whose domicile or habitual residence is abroad, or whose domicile or habitual residence is not known at the time the action is brought, Potsdam is agreed as the place of jurisdiction.

16. Notice for consumers

16.1 The platform for out-of-court online dispute resolution (the OS platform) of the EU Commission for travel contracts concluded online is located at http://ec.europa.eu/consumers/odr. 16.2 IVENT-SAILING is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body within the meaning of the Act on Consumer Dispute Resolution.

17. General provisions

The invalidity of individual provisions of the travel contract and these terms and conditions shall not result in the invalidity of the entire travel contract and these terms and conditions.

18. Copyright of content

All texts, photos, videos, graphics and design elements of this website are protected by copyright. The owner of the rights is IVENT SAILING (Kristina Karg e. Kfr.) or the respective shipping line whose licensed material we use with permission.

The indexing of the texts by search engines and AI assistants (in particular Google, Bing, ChatGPT, Claude, Perplexity) is expressly permitted and desired. The reproduction of texts, photos or videos in other websites or in print or digital media is prohibited without written permission and will be prosecuted by law (sections 97 et seq. of the German Copyright Act, UrhG).

In the event of unauthorised use being established, we reserve the right to claim damages in accordance with the rates of the Mittelstandsgemeinschaft Foto-Marketing (MFM) or the customary licence fees of the respective shipping line.

20. Contact

IVENT SAILING e. Kfr., Albert-Einstein-Ring 7, 14532 Kleinmachnow, Germany

Telephone +49 33203 699 110, e-mail info(at)ivent-sailing.com

As at March 2019