Dear fellow sailors,
With the help of the crew agreement, we want to draw your attention to certain risks associated with sailing. Furthermore, there are some prerequisites for the safe practice of sailing and for pleasant coexistence on board the yacht, which must be strictly observed. By booking, you agree to the crew agreement. Please read the following points carefully.
1. Crew Member Requirements
All participants declare that they have health insurance that is valid in the respective country of travel and for sailing – please check with your health insurance before departure whether insurance coverage for sailing is provided. Furthermore, participants affirm that they can swim freely for at least 20 minutes and that there are no physical-medical concerns or restrictions for participating in sailing. In the event of an illness/restriction, participation must be discussed with your family doctor in advance. If there are doubts about suitability for sailing, Marine Infinite GmbH must be notified before booking. In any case, the skipper must be informed of relevant illnesses, e.g., diabetes, at the beginning of the sailing trip, and any necessary assistance measures should be explained.
2. Own Risk
Participation in this trip and all activities associated with it (e.g., shore excursions) is at your own risk. All fellow sailors will be instructed on general behavior on board and safety equipment before the trip. Everyone is responsible for themselves and must take the necessary safety measures for their person, both on board (e.g., wearing a life jacket, personal safety on deck), in the water (e.g., swimming, dinghy driving, snorkeling), and on land (e.g., cliff jumping, scooter/bicycle riding).
In the event that the sailing trip is combined with another sport (e.g., climbing), we explicitly point out that these activities are undertaken at your own risk. Marine Infinite assumes no instruction or supervision for these activities. The skipper may participate in these activities, may give advice, but is not involved as an instructor in these activities.
3. Common Ship's Fund
A ship's fund will be established for the costs resulting from the sailing trip for provisions, fuel, port fees, internet, possibly deposit insurance, cleaning, and other ongoing cash and in-kind services. It will be borne equally by the fellow sailors. As is ancient mariner's custom, the skipper is not involved in the ship's fund. The exact amount of the ship's fund varies from crew to crew and may be higher, among other things, if common activities, such as shore excursions, are paid from it.
4. Care and Liability of the Crew and Skipper Among Themselves
All crew members, including the skipper, are jointly responsible for life on board. Sailing is a group sport that requires the attention of each individual for their fellow sailors. Each fellow sailor is responsible for their personal safety and wears a life jacket and a lifebelt if necessary or as instructed by the skipper.
There is no general alcohol ban. Each participant must observe their subjective limit and not create a danger for themselves or others. It must be considered that weather conditions can change very quickly. Every crew member must always expect that, for example, the anchorage in a bay may have to be left, even at night. In exceptional cases, the skipper may prohibit alcohol consumption on board.
IMPORTANT NOTE: Damages (property damage and/or personal injury) caused by one crew member to another crew member or the skipper are generally not covered by private liability insurance, as sailing is a so-called high-risk sport, and liability in this context is often excluded by insurance companies. We therefore recommend asking your own insurance company in advance whether such an exclusion exists. If this is the case, it is possible to take out so-called berth insurance, which regulates these damages in an emergency (e.g., with the company Yacht-Pool). Should private belongings of a crew member/the skipper be destroyed or broken by another crew member, the person causing the damage is personally liable for this damage (in this context, reference is made again to the above note).
5. Skipper's Duties
The skipper exclusively assumes the task of ship management, in accordance with prudent seamanship, and the seafaring support of fellow sailors. On board, their instructions must be followed. They direct the technical sailing activities of fellow sailors and impart nautical knowledge. Accordingly, the skipper can and should entrust individual fellow sailors with precisely defined nautical tasks. No gross negligence can be derived from this behavior of the skipper alone, as long as these tasks have been explained and can reasonably be expected of the fellow sailors. At the beginning of the trip, a fellow sailor will be designated as co-skipper, who will assume the skipper's rights and duties in the event of the skipper's incapacitation (inability to make decisions or involuntary absence from board).
6. Crew's Care for the Yacht
The entire crew must ensure that the yacht remains in perfect condition during the trip, or that any damage is immediately, and at the latest before the end of the trip and before the boat is handed over, restored to its original condition. Only then will the next crew find the yacht in perfect condition.
7. Liability for Damages
As users of the yacht, the crew is jointly liable for the operation and occupancy of the yacht. The yacht is insured by the charterer with standard third-party liability and comprehensive insurance. The deposit for the yacht includes a deductible of €250.00 for the crew. The yacht is covered by deposit insurance for each trip through the skipper. The costs vary depending on the trip but should not exceed €50.00 per week and person. The costs are settled directly with the skipper via the ship's fund.
In the event of damages that were not caused by gross negligence or intent, the liability amount is limited to the deductible. For gross negligence and intent, see point 8 of this agreement.
The skipper is obligated to carry out the boat handover after the sailing trip (the so-called check-out) and to confirm its correctness with their signature at the end of the handover protocol. The skipper should carry out the check-out if possible when all participants are still on the boat. This way, any deposit damages can be settled from the common ship's fund or via the deposit insurance.
IMPORTANT NOTE: If a participant has to depart before the check-out (e.g., due to flight times), they agree that even if the boat appears to be in perfect condition, any damages may be discovered during the check-out and must be compensated by the crew. In such a case, the damage compensation will be settled by bank transfer among the crew after the trip.
8. Liability for Gross Negligence and Intent
The above liability regulations of the crew among themselves, the skipper, for yacht damage, third-party and consequential damages concern the everyday risks of sailing and are a prerequisite for carefree participation in the sport. The stated regulations do not apply if there is gross negligence or intent. The person causing such damages is personally liable.
9. Liability for the Dinghy / Outboard Motor
The crew is jointly liable (i.e., each equally) for the dinghy and the outboard motor in the event of total loss. We point out that dinghies / outboard motors must either be secured or not left unsupervised.
10. Limitation of Liability / Exclusion of Liability / Insurance
The signatories exclude all mutual liability among themselves, except for intent and gross negligence. This applies to damages to the body, life, health, and property of fellow sailors. The exclusion of liability does not apply to damages covered by insurance.
Each fellow sailor is responsible for personal items such as cameras, electronic devices of any kind, mobile phones, glasses, etc. Furthermore, the assertion of consequential damages from participation in the sailing trip for fellow sailors and their legal successors is excluded.
The yacht is covered by third-party liability and comprehensive insurance. The third-party liability insurance covers personal injury and/or property damage up to a total damage of 3 million euros. The provider's liability for damages that are not personal injuries is limited to the maximum travel price, unless the damage was caused intentionally or by gross negligence.
To cover personal accident risks, each fellow sailor should check their liability, accident, health, and travel cancellation insurance for participation in the sailing trip.
11. Cancellation Conditions
In the event of cancellation of the booked sailing trip, the following cancellation fees apply:
- Up to 90 days before the start of the trip: €80.00 per person
- 89 to 30 days before the start of the trip: 50% of the trip price
- From 29 days before the start of the trip or in case of no-show: 100% of the trip price
There is no right to a refund if the participant ends the trip prematurely.
If force majeure or special circumstances (especially concerning the safety of the crew and the boat) lead to an extension, shortening, or change in the itinerary, this does not give rise to any claims against the provider or the skipper. This also applies to unplanned layovers in ports. The fellow sailors are aware that a sailing trip and sailing along is not a journey in the sense of the laws and regulations for the travel industry.
12. Compliance with Legal Provisions, Acting on Own Account
All participants undertake to comply with the applicable laws of the respective country of travel. Violations of applicable laws are at your own risk.
13. Applicable Law
The yacht sails under the German flag, and German law applies.
14. Validity
Should parts of this agreement be or become invalid or unenforceable, the other parts shall remain effective. Invalid parts shall be regulated in accordance with the spirit and purpose of this agreement.
Payment
The down payment of 50% of the berth charter fee is due no later than 7 days after registration. The remaining payment of 50% must be transferred to the following account no later than 4 weeks before the start of the trip:
Account Holder: Marine Infinite GmbH
IBAN: DE48 7609 0400 0000 4419 53
Bank: Evenordbank Nürnberg
BIC: GENODEF1N03
Should no payment be received after this period, we reserve the right to offer the spot to an interested party on the waiting list.
Terms of Participation
I will jointly bear all rights and obligations resulting from the crew agreement with the skipper and the other crew members. All crew members mutually waive all claims against each other arising in connection with or from the occasion of ship management, unless these claims are covered by insurance.
Each passenger undertakes the journey at their own risk. A cost reimbursement in case of cancellation of the trip is not possible. A substitute person will be accepted (except for air travel). The conclusion of travel cancellation insurance is strongly recommended.
I have taken note of the terms and conditions of participation and accept them as binding.
I am aware and accept that further costs will arise from the use of the ship.
Please send the completed and signed registration to booking@marine-infinite.com
