General Terms and Conditions

General terms and conditions for Sailing Trips with Sunnyside Sailing, Alpenstraße 32 1/3, 86159

Tel. + 49 (0)1639401032
info (at)

St.Nr 103/275/10113
UST-ID: DE 306805546
Status: November 2016

1. Booking is only possible written, either by sending your request by email or via the online booking form. Sending the Booking form is binding and in doing so you automatically accept our genral terms and conditions.

2. After receiving the booking form, your place is automatically reserved for 7 days. A nonrefundable deposit of 25% is payable to Sunnyside Sailing on booking. The booking is not confirmed until a confirmation invoice is sent and the booking deposit has been paid.

3. The balance of the fee must be paid to Sunnyside Sailing 30 days before the journey is due to commence. If the journey is booked within 30 days of the start of the trip, the full amount of the fee is due with the booking.

4. A booking can be canceled at any time. To cancel a booking, a written notice must be received and a cancellation fee remains payable.

The cancellation fees are as follows:
until 60 days before Journey commencement 25% of the total fee
until 30 days before Journey commencement 40% of the total fee
until 14 days before Journey commencement 75% of the total fee
from 13 days before Journey commencement 90% of the total fee
It is possible to allocate a replacing person without cancellation fee.

5. No age limit is rigidly imposed, however guests should satisfy themselves that they are reasonably fit and likely to be able to cope with the physical and mental demands of being on a small boat at sea. Guests should be able to swim for at least 15 minutes in open sea. A sailing licence or sea mile confirmation is by no means compulsory.

6. As a guest you are deemed to understand and accept that sailing can be dangerous and has certain inherent risks, including the risk of injury or death.

7. The details of the route will be determined together with the skipper. At any time however, the skipper can adapt the itinary as he sees fit due to weather or safety issues. In case of this event, no refund claim shall be accepted.

8. When it comes to navigational and securty issues, the skipper is authorised to give instructions and make decisions as he sees fit. By booking a trip with Sunnyside Sailing, the guests accept this authority. Not complying with his orders and as such compromising the safety of other crew members, may result in exclusion from the journey.

Should the skipper determine the weather to be unsuitable or dangerous for sailing, he may take the decision not to sail in these conditions. The crew must respect this decision, even if this may lead to postponement or, in extreme cases, cancellation of (part of) the trip.

9. The journey to and from the boat is not included in the booking. Each guest is responsible for his own punctual arrival, it is not possible to wait for delayed guests.

10. The journey fee does not include the costs for meals and drinks, diesel, gas, tourist permit, final cleaning, harbor- and mooring charges. These costs are paid from the board kitty. One of
the crew will be in charge of the boat kitty. The remaining amount will be refunded at the end of the trip.

The skipper and co-skipper do not pay into the boat kitty. The Skipper is kept free in case of dining out, the co-skipper however pays her share herself in that case. From experience, the costs can be estimated at about 200€ per person, depending on the area where we travel. These expenses do not yet include restaurant visits. Going out for dinner to enjoy local culinary specialities is of course possible.

In case there is only one guest on board, Sunnyside Sailing will incur 30% of the boat kitty.

11. Each crew member contributes to a collective security deposit of 1.000€ (forsee between 250€ and 350€ p.p. depending on the number of guests). The security deposit is used in case of
possible damages and is refunded in case of no damage. In case it is clear that one crew member causes a damage alone (e.g. binoculars go overboard because they wern’t hung around), then he bears the loss himself. In case the damage occurs during teamwork or in case it remains unclear who caused the damage, the crew compensates for the damage collectively. The risk for hazards on board is borne by every crew member individually. Damage compensation may be demanded by other crew members only in case of intentional damage, by the skipper or Sunnyside Sailing only in case of gross negligence.

12. The liability arising from this contract shall, insofar as permissible, be limited to the triple price of the journey fee. Damage claims beyond the scope of the ship’s liability or liability
insurance are excluded.

13. Should the agreed timetable not be adhered to for reasons of force majeure, weather conditions or unforeseeable events, Sunnyside Sailing can not accept liability for consequential claims.

14. The boat is fully insured against accidents and carry third party liability insurance, but responsibility is not accepted for any personal accidents, damage or losses that are due to the
negligence of the guests. Any unnecessary damage and/or losses attributed to carelessness on the part of the guests will be charged at replacement price and if applicable deducted from the Security Deposit.

15. Damage to a guets’s personal property during the Journey will not be the responsibility of Sunnyside Sailing. Nor will Sunnyside Ssailing be liable for any other loss, injury or damage
which may arise as a result of the normally accepted risks of sailing in a small yacht.

16. Claims of the participant become time-barred after one year. Exceptions are claims according to the above-mentioned provisions from the violation of the life, the body or the
health of the participant who are based on an intentional or negligent breach of duty by Sunnyside Sailing for which the limitation period is two years. The same applies to claims for compensation for other damages which are based on an intentional or grossly negligent breach of duty by Sunnyside Sailing.

17. Sunnyside Sailing is entitled to withdraw from a trip before the start if its implementation is impossible or endangered due to circumstances which were not known or foreseeable at the time of conclusion of the contract. Such circumstances are, in particular, all events of force majeure, war, internal unrest, strike orders, epidemics, natural catastrophes, unsuitable numbers of participants required for yacht operation unpredictable lack of operational readiness of the ship or replacement vessel, disaster or heavy weather. Amounts already paid will be reimbursed
in this case. No further claims arise.

18. The court of jurisdiction is München for legal actions against Sunnyside Sailing as well as for both contracting parties, if the participant is a merchant, the participant does not have a general jurisdiction within his own country, the participant has changed his place of residence or habitual residence abroad after conclusion of the contract or the usual place of abode at the date of the claim is unknown. German law applies. Should one or more provisions not be effective, the other agreements remain unaffected.