These are the charter and sailing terms of Marine Infinite GmbH in English. They are a translation of the German original, provided for your convenience. <strong>In case of any discrepancy, the German version prevails</strong> and is the legally binding text: <a href="https://charter.marine-infinite.com/charterbedingungen/">charter.marine-infinite.com/charterbedingungen/</a>
Part A applies exclusively to sailing participation and cabin charter, that is, booking an individual berth or cabin on a skippered trip. Part B applies exclusively to the charter of the entire yacht. Only one of the two parts applies to your booking, never both.
Marine Infinite GmbH, Pflugstraße 10, 90461 Nürnberg, Germany
Represented by: Stephan Lobodda (Management)
Telephone: 0911/47791911 · E-mail: info@marine-infinite.com
Register court: Amtsgericht Nürnberg · Register number: HRB 38894
VAT identification number pursuant to Section 27a German Value Added Tax Act (UStG): DE344681990
Bank details: Evenord Bank Nürnberg, IBAN DE48 7609 0400 0000 4419 53, BIC GENODEF1N03
These terms apply in the version published at the time the contract is concluded. We retain the version applicable to your booking and will make it available to you on request.
For trips that start in Greece, Marine Infinite Hellas I.K.E. (ΛΕΩΦΟΡΟΣ ΕΛΕΥΘΕΡΙΑΣ 11, 17455 Alimos, Greece, ΑΦΜ EL802182058, Αρ. Γ.Ε.ΜΗ. 171616303000) is the charterer and contracting party. Separate terms apply to these trips; we expressly identify the contracting party in the offer and the booking confirmation.
These General Terms and Conditions apply to all offers for the provision of yacht charter, co-sailing and related services made by Marine Infinite GmbH. They consist of two separate sets of rules: Part A applies exclusively to co-sailing offers and cabin charter, i.e. to the booking of individual places or cabins on a trip with a skipper. Part B applies exclusively to the charter of a complete yacht (bareboat and yacht charter). Only one of the two parts ever applies to your booking, never both at the same time. They take precedence over all other standard conditions and all documents or discussions exchanged before the offer. These General Terms and Conditions are supplemented by the associated special terms and conditions ("Co-Sailing Agreement", "Booking Confirmation" and "Contract") and form the contract between the parties. The special terms and conditions state the name of the customer, the yacht chartered and the duration of the charter, of the co-sailing and the various options. The defined terms have the meaning laid down in the special terms and conditions or in these General Terms and Conditions.
Guide: Have you booked an individual place or a cabin on a trip (co-sailing, berth charter)? Then Part A applies to you, in particular the clauses on payment and cancellation. Are you chartering the complete yacht (bareboat or with skipper)? Then Part B applies to you. The respective other part does not apply to your booking.
This Part A applies to all co-sailing offers and cabin charter bookings of Marine Infinite GmbH (hereinafter "Provider"), i.e. to the booking of individual places or cabins on a trip with a skipper. Part B of this document does not apply to such bookings. By booking, the participant accepts this Part A.
2.1 By registering, the participant makes the Provider a binding offer to conclude a co-sailing agreement.
2.2 The contract comes into existence upon acceptance by the Provider. Acceptance takes place by means of a confirmation or by sending the invoice.
3.1 The scope of the contractual services follows from the Provider's service description and the details in the booking confirmation referring thereto.
3.2 Ancillary agreements which change the scope of the contractual services require text form (for example email). Individual agreements between the participant and the provider always take precedence over these conditions.
4.1 On conclusion of the contract, a deposit of 50% of the price is due.
4.2 The balance payment is to be made no later than 4 weeks (28 days) before the start of the trip.
4.3 For short-notice bookings (less than 4 weeks before the start of the trip), the entire trip price is due immediately.
5.1 The participant may cancel the contract at any time before the start of the trip. The decisive factor is receipt of the cancellation declaration by the provider.
5.2 In the event of cancellation, the provider may demand reasonable compensation. The amount of the compensation is determined by the trip price less the value of the expenses saved by the provider and what the provider can obtain through other use of the travel services.
5.3 The provider may standardise this compensation claim, taking into account the following scale according to the proximity of the time of cancellation to the contractually agreed start of the trip, as a percentage of the trip price:
- Up to 90 days before the start of the trip: 80.00 EUR
- 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 the event of non-attendance: 90% of the trip price
5.4 The participant is in any case free to prove to the provider that no damage at all, or a substantially lower damage, was incurred than the flat-rate compensation demanded by the provider. In this case, the participant is obliged to pay only the damage actually incurred.
5.5 The provider shall substantiate the amount of the compensation at the participant's request and shall disclose which expenses it has saved and what it has obtained through other use of the place.
5.6 The participant may, up to the start of the trip, demand that a third party enters into the rights and obligations under the contract in his place. The provider may object if the third party does not meet the contractual requirements or if statutory provisions or official orders prevent this. If a third party enters, only a rebooking fee of 80.00 EUR is payable instead of the compensation under 5.3; it corresponds to the typical processing effort. If the participant proves that lower additional costs were incurred by the provider, he pays only these. Any additional costs beyond this shall be borne by the participant and the third party as joint and several debtors.
5.7 There is no statutory right of withdrawal. For contracts for services in connection with leisure activities which are provided for a specific date or period, the right of withdrawal is excluded under Section 312g(2) no. 9 German Civil Code (BGB). This clause 5 applies to cancellation by the participant. The participant's statutory rights in the event of defects, in the event of unavoidable extraordinary circumstances and in the event of termination remain unaffected.
5.8 The participant is recommended to take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.
6.1 The provider may cancel the contract before the start of the trip or terminate the contract after the start of the trip in the following cases:
a) Without observing a notice period, if the participant persistently disrupts the conduct of the trip despite a warning by the provider or if he behaves in such a manner contrary to the contract that immediate termination of the contract is justified.
b) Up to 4 weeks before the start of the trip if the minimum number of participants stated in the service description is not reached. The minimum number of participants and this deadline are expressly stated in the service description and in the booking confirmation. In this case the provider shall promptly refund any payments already made.
c) In the event of unavoidable, extraordinary circumstances that significantly impair the performance of the trip. In this case the provider shall promptly refund any payments already made; the provider cannot demand compensation.
7.1 The provider reserves the right to change the planned itinerary due to weather conditions, safety aspects, technical problems, official orders or other unforeseeable circumstances.
7.2 The provider shall promptly inform the participant of significant changes to the itinerary. If the service thereby deviates from the service owed under the contract, the participant's statutory rights to remedy, reduction, termination and damages remain unaffected.
7.3 The skipper is entitled and obliged to make decisions at any time that serve the safety of the crew and the vessel. The skipper's instructions must be followed without fail.
7.4 Sailing times and distances depend on the weather and are not guaranteed. The provider is not liable for circumstances for which it is not responsible; the participant's statutory rights remain unaffected.
7.5 In adverse weather conditions the skipper may decide to remain in a port or to call at a safe port. Such decisions serve safety and are part of a sailing trip. If the service thereby deviates from the agreement not merely insignificantly, the statutory rights to reduction remain unaffected.
7.6 Technical problems with the yacht may occur. If they impair the agreed service not merely insignificantly, the statutory rights to remedy and reduction apply.
7.7 Necessary repair and maintenance work may also become necessary during the trip; the provider shall keep it as short as possible. If it leads to a not merely insignificant impairment, the statutory rights to reduction apply.
7.8 The provider is obliged to remedy defects where possible. In addition, it shall endeavour to reach an amicable solution; the participant's statutory claims remain unaffected.
7.9 Port lay days are part of a sailing trip and are provided for in the itinerary. If they go beyond this and impair the service not merely insignificantly, the statutory rights to reduction remain unaffected.
7.10 The provider reserves the right to extend or shorten the stay in a port where this is necessary for safety reasons, due to weather conditions or technical problems.
7.11 The temporary failure of on-board technology, comfort facilities or individual sails generally does not impair the seaworthiness of the yacht. If the service thereby deviates from the agreement not merely insignificantly, the statutory rights to reduction remain unaffected.
7.12 This applies in particular to air conditioning, water makers, on-board entertainment systems, internet and Wi-Fi as well as the outboard motor of the dinghy. If one of these facilities is expressly promised in the service description, it is deemed an agreed service.
7.13 If the handover of the yacht is delayed or the start or end location changes, the provider shall promptly inform the participant. The statutory rights to reduction, termination and damages remain unaffected.
7.14 If the trip has to be ended early for safety reasons, due to force majeure or on the basis of an official order, the provider shall refund the proportion of the trip price attributable to the services not provided. The provider shall give the participant the necessary support, in particular in finding a return travel option.
7.15 The provider's liability for damage that is not personal injury is limited to three times the trip price, insofar as the damage was not caused intentionally or by gross negligence. For damage to life, body and health as well as in cases of intent and gross negligence, the provider is liable without limitation under the statutory provisions.
7.16 For services that are expressly designated in the trip description as third-party services and that the participant agrees directly with the third party, the provider is not liable as the service provider. The provider remains responsible for selecting the third party and for providing information about these services.
8.1 The participant is obliged, in the event of performance disruptions, to cooperate within the framework of the statutory provisions and to avoid or minimise any damage.
8.2 The participant is in particular obliged to bring his complaints to the skipper's attention without delay. The skipper is instructed to remedy the matter where this is possible.
9.1 The provider recommends that the participant take out travel cancellation insurance and foreign health insurance with repatriation cover.
9.2 The yacht is insured against third-party liability and comprehensively (full hull and machinery cover). The third-party liability insurance covers personal injury and/or property damage up to a total loss of 3 million Euro.
9.3 Each participant is personally responsible for personal belongings and their insurance.
10.1 An on-board kitty is set up for the costs arising from the sailing trip for provisions, fuel and other ongoing payments in cash and in kind.
10.2 The on-board kitty is borne in equal shares by the fellow sailors. The skipper does not participate in the on-board kitty.
11.1 The skipper's instructions must be followed.
11.2 Each participant is obliged to conduct himself in such a way that the safety and well-being of the entire crew are not impaired.
11.3 The consumption of illegal drugs is strictly prohibited.
11.4 The consumption of alcohol is permitted in moderation, provided it does not endanger safety. The skipper may prohibit the consumption of alcohol at any time.
12.1 The participants are liable for damage to the yacht and its equipment which they have caused culpably.
12.2 For damage which a participant causes to another participant, the person causing it is personally liable.
13.1 Changes to and deviations from the planned trip which become necessary after conclusion of the contract and which were not brought about by the provider contrary to good faith are permitted, provided they are insignificant. This is a case of sailing as a fellow sailor on a sailing yacht; various influences such as weather or repairs may lead to adjustments to the trip planning. In the event of changes, the interests of the fellow sailors are taken into account as far as possible. Arrival and departure should be planned with sufficient buffer times. In the event of a significant change, the participant may terminate the contract or demand an equivalent replacement service.
13.2 The provider is obliged to inform the participant of changes to or deviations from the services without delay.
The statutory limitation periods apply to the limitation of claims of the participant against the provider.
15.1 The participant is himself responsible for compliance with all regulations important for the conduct of the cruise.
15.2 Disadvantages arising from non-compliance with these regulations shall be borne by the participant. The provider's duty to inform about the general passport, visa and health requirements of the destination remains unaffected.
If a provision of these conditions is invalid, the contract shall otherwise remain valid. The invalid provision shall be replaced by the statutory provisions.
The statutory place of jurisdiction applies. A participant who is a consumer may sue the provider at its registered office or at his own place of residence; an action by the provider against a consumer is only possible at the consumer's place of residence.
German law applies to the contractual relationship between the participant and the provider. Mandatory consumer protection provisions of the state in which the participant has his habitual residence remain unaffected.
Consumer arbitration and online dispute resolution: The provider is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board (Section 36(1) no. 2 German Consumer Dispute Resolution Act (VSBG)). The European Commission's online dispute resolution platform is available at https://ec.europa.eu/consumers/odr/.
1.1 Price indications made by Marine Infinite GmbH are purely indicative and do not constitute an offer.
1.2 After acceptance of the price indication, the customer receives the special terms and conditions which, together with these General Terms and Conditions, constitute the offer of Marine Infinite GmbH. The reservation is only confirmed once the deposit has been received within the period stated in the special terms and conditions. Unless otherwise stated, the reservation is valid for 5 calendar days. Upon expiry of the offer period, the offer lapses ipso jure without payment of the deposit by the customer, which means that Marine Infinite GmbH can guarantee neither the availability of this yacht nor the availability of another yacht on the same basis, nor the price or the options. After payment of the deposit, the customer receives a reservation confirmation which constitutes the special terms and conditions of the charter contract. These General Terms and Conditions apply ipso jure together with the special terms and conditions and are accepted by the customer at the time of payment of the deposit.
The contract between the parties (Marine Infinite GmbH and the customer) is validly concluded and enters into force when the following two conditions are met:
• the acceptance of the special terms and conditions and of these General Terms and Conditions by the parties, whereby the parties expressly acknowledge that they have read, understood and accepted them, this acceptance being deemed automatically acquired by the payment of the deposit,
• and upon receipt of the deposit by Marine Infinite GmbH.
The yacht falling under the contract is the one described in the special terms and conditions. In the contract, the term yacht comprises the yacht, its accessories and the associated equipment, as described in the special terms and conditions.
4.1 Price
The prices are set and payable in the currency stated in the special terms and conditions. The prices are binding for the duration of the offer. They may be changed once the offer lapses.
4.2 Taxes
Unless otherwise provided in the special terms and conditions, the prices are set inclusive of value added tax applicable at the time of acceptance of the contract and exclusive of all other fees, taxes, duties or costs of any kind (hereinafter "taxes") that become due during the chartering of the yacht, its accessories and the associated equipment or the provision of the services rendered under the contract. These taxes are payable by the customer, in particular including but not limited to all taxes on fuel and berthing rights.
5.1 The deposit and the balance are due on the date stated in the special terms and conditions. If the customer withdraws, the deposit is set off against the compensation under clause 6.1. If the contract is not performed for reasons for which the provider is responsible, the provider shall reimburse the deposit promptly and in full.
5.2 In the event of non-payment of an amount due, Marine Infinite GmbH may withdraw from the contract after the unsuccessful expiry of a reasonable period of at least seven days; clause 6.1 then applies.
5.3 In the case of a last-minute option at the base, a surcharge may become due.
6.1 Before taking over the yacht, the customer may terminate the contract by paying the following amounts:
1. Cancellation more than 60 days before the originally planned departure: 30 % of the charter price (excluding extras) remains with Marine Infinite GmbH. If the charterer has already paid for the extras, he shall be compensated by Marine Infinite GmbH.
2. Cancellation 59 days or less before the originally planned departure: 90 % of the charter price remains with Marine Infinite GmbH (excluding extras; unless the cancellation is made 7 days or less before departure. In that case the extras remain due and are not refunded).
In any case, the customer remains free to prove to the provider that the latter has suffered no loss at all or a substantially lower loss than the above lump sums. In that case the customer is obliged to pay only the loss actually incurred. The provider shall substantiate the amount at the customer's request and shall disclose what expenses it has saved and what it has obtained through chartering the yacht elsewhere. If the customer designates a substitute charterer who meets the contractual requirements before taking over, that person takes his place; instead of the lump sum, only a rebooking fee of 80.00 EUR is then payable.
6.2 The customer is recommended to take out travel cancellation insurance or charter cancellation insurance in order to cover any losses incurred by him if the charter is cancelled.
6.3 Changes of dates or yachts after booking are subject to the prices applicable at the time of the change.
7.1 Marine Infinite GmbH shall make the yacht available to the customer once the following conditions are met:
1. the booking contract has been signed electronically or physically,
2. all amounts due to Marine Infinite GmbH under this charter contract, or the security deposit payable by the customer, if required, have been paid in full,
3. the inventory check on departure, which states the condition of the yacht and the equipment provided, has been signed,
4. a copy of the customer's identity document has been received,
5. the customer's boating licence has been received where this is required by the local authorities,
6. the list of the customer's crew members with their names and identity document numbers has been received,
7. all other documents required by the local authorities (e.g. vaccination certificate, visa, etc.) have been received.
7.2 The chartering of a yacht requires experience and knowledge of the navigation rules. The provider may require proof of the necessary qualification before handover. If the customer cannot provide it, the provider may terminate the contract; it shall refund payments already made less proven reasonable compensation. Insofar as a skipper is available, the provider may instead offer that a skipper be engaged at the customer's expense; the duration of the skipper's service shall then correspond to the duration of the charter unless otherwise agreed.
7.3 If the yacht originally selected is not available for operational reasons, the provider may provide an equivalent or higher-value yacht and shall inform the customer without delay. If the substitute yacht differs materially from the booked yacht in size, equipment or condition, the customer may reduce the price appropriately or withdraw from the contract free of charge. If the substitute yacht is cheaper, the price difference shall be refunded.
7.4 If on the planned departure day of the charter the chartered yacht or an equivalent yacht is not available for a reason other than an event of force majeure, the customer shall be entitled to the following options:
• If possible, delay the departure date and retain the charter period.
• Retain the return date of the yacht and benefit from a refund for the period of the yacht's unavailability, pro rata to the days of unavailability.
• If the delay exceeds one quarter of the charter period, the customer may cancel the charter and shall receive a refund of the amount paid for the charter (starter kit, extras, etc.).
8.1 Marine Infinite GmbH declares that the yacht, when made available, complies with the applicable regulations and is in a seaworthy condition. Should technical problems nevertheless arise, Marine Infinite GmbH undertakes to remedy them as quickly as possible.
8.2 The check-in procedure begins at the start of the charter period. The charterer may refuse to take over the yacht only if its seaworthiness is materially impaired, and not in the case of merely insignificant deviations or defects. The charterer's right to a reduction in price shall remain fundamentally unaffected hereby. On takeover of the yacht together with the ship's papers, the charterer [sic: the charter company] must provide proof that the yacht is insured against third-party liability and hull-insured in accordance with the charter contract and that the premium has been paid.
8.3 On the first and last day of the charter, a berth in a marina of Marine Infinite GmbH shall be provided, which is included in the booking price. This shall not be the case if departure and/or return takes place outside a base.
8.4 Marine Infinite GmbH regards the generator, the air conditioning, the refrigerator, the freezer (if available) and Starlink as additional equipment and limits the compensation granted in the event of non-operation to 500 € per charter. Such compensation shall, in the event of a failure of this equipment during the cruise, be credited pro rata to the duration of the non-operation. Use of the air conditioning must be reasonable. It is therefore regarded as unacceptable for the cabins to be air-conditioned with the doors open or for an open space generally to be air-conditioned. Intensive use may lead to a failure of the electrical system, for which the customer is responsible. The appliances require a power supply that can only be ensured with a certain engine load per day. The base of Marine Infinite GmbH is available to the customer to advise them on the correct use of the equipment.
8.5 A watermaker works well when used in accordance with the manufacturer's instructions. Incorrect use may cause a breakdown that renders it unusable for the remainder of the charter. The customer must ensure that all persons on the yacht are familiar with the correct operating procedures before they begin using it. If the watermaker fails for any reason during the charter and the technical team of Marine Infinite GmbH is unable to resolve the problem, the customer must keep the receipts for the charges relating to water refills during the charter, and Marine Infinite GmbH will reimburse them on departure (only the cost of water will be reimbursed, not mooring, fuel or expenses such as ice).
8.6 If the customer has commissioned a skipper and/or cook, Marine Infinite GmbH undertakes to provide competent personnel. However, the duties of crew members, such as skippers and cooks, are limited to the operation of the yacht and, for the skipper, to ensuring safe navigation. The cook's duties are limited to preparing meals, setting and clearing the table and washing up. The crew members are not porters, nannies, housekeepers or other cleaning staff.
8.7 In the event of a problem during the trip, the customer is obliged to report it via the base as soon as it occurs (either at departure or during the charter) and to give Marine Infinite GmbH the opportunity to find a solution or remedy the problem. Should Marine Infinite GmbH be unable to provide this solution or repair, the customer may raise this problem after the end of the trip, but within a maximum of 4 weeks after the return date. The customer care team of Marine Infinite GmbH will then carry out a full investigation, contact the base, initiate an arbitration procedure and communicate with the customer. If you do not raise the matter or the problem during the trip, regardless of the question, it will not be recognised afterwards.
The customer (or a crew member nominated by the customer) represents and warrants that he/she has experience in sailing with similar yachts and routes, holds a licence where applicable and has the knowledge of the operation of the yacht that is the subject of the charter, as well as sufficient practical knowledge of seamanship, steering and traffic regulations, to properly exercise authority over the yacht. The customer will permit the use of the yacht during the charter period only to persons who are qualified to do so.
10.1 At the time of check-in, i.e. when the yacht is made available to the customer, and before signing the inventory check at departure, the customer must inspect the yacht in detail in order to check the equipment and the inventory. He/She may record any reservations or observations that he/she considers necessary. The time required for the presentation and handover of the yacht is deducted from the charter time. Acceptance of the yacht at departure means full acceptance of the yacht by the customer and acknowledgement of its condition.
10.2 By signing the inventory check at departure, custody of the yacht is transferred to the customer, who is solely responsible for it and liable for all damage of any kind that may be caused to persons on the yacht, to the yacht itself and to third parties. If a skipper of Marine Infinite GmbH has been provided, the customer remains responsible for the yacht and its crew.
10.3 All running expenses incurred during the charter of the yacht, such as berthing fees, local taxes, fuel, water and food, will be invoiced to the customer.
10.4 The customer undertakes to respect the maximum number of passengers on the yacht stated on the certification plate affixed to the yacht. In some countries it is a legal requirement that, if a skipper is present, he/she has a cabin with a toilet. The customer must take this into account at the time of booking in order to comply with the regulations. For safety and insurance reasons, the carriage of goods or passengers for payment or any other commercial activity (professional fishing, tourist excursions, organisation of events on board for a fee) is strictly prohibited. Particular attention must be paid to children, who must always be under the supervision of the customer or looked after by a guest. It is not the task of the skipper or the cook to ensure the safety of the persons on board, in particular the children, by monitoring their actions. Lending or subletting the yacht or towing is prohibited.
10.5 Participation of the yacht in a regatta is prohibited without the prior consent of Marine Infinite GmbH. In such a case special conditions apply, in particular an increase in certain costs such as the deposit.
10.6 The customer undertakes to complete the yacht's logbook, in which the place of departure and destination, the successive stops and anchorages, the condition of the yacht, all material or crew incidents on board, all changes of crew, the weather conditions, the sails used and the operating hours of the engines are entered daily. He/She must notify Marine Infinite GmbH immediately by all available means if he/she has doubts about the use of the yacht's equipment or assumes or suspects damage, in particular to the hull or the engine. The same applies to any leakage, in particular of oil.
10.7 The customer undertakes to comply with all navigation restrictions stated at the beginning of the charter contract. The customer must also respect all areas in which navigation is prohibited by local regulations (military zones, protected areas). He/She must also comply with all environmental regulations and may not dispose of waste of any kind at sea. Any fine incurred as a result of an oil leak, a rubbish dump, etc. is entirely at the customer's expense, as are all consequences that such measures may have for the yacht and/or Marine Infinite GmbH.
10.8 Sailing after sunset and before sunrise is prohibited without the necessary licence.
10.9 The customer may not leave the harbour or the anchorage in dangerous weather conditions. This is the case when there are winds of force 6 (fresh wind) or higher on the Beaufort scale or when these are forecast. The customer must also comply with all safety instructions of the maritime or harbour authorities, in particular those advising against sailing and against securing berths. The customer undertakes to follow all navigation and routing instructions of Marine Infinite GmbH, in particular in bad weather. The customer undertakes always to ensure that the yacht is properly moored and to anchor only in sheltered areas or in suitable harbours in which the safety of the yacht can be guaranteed. He/She also undertakes not to use the engine at full capacity except in an absolute emergency. He/She must ensure that the engine is used under normal operating conditions, taking care to increase speed gradually and not to overheat the engine.
10.10 The customer must refrain from sailing if the yacht is damaged or if important equipment such as the engine, rigging, bilge pump, navigation lights, compass or safety equipment is not in order. The customer also waives sailing if the fuel reserves are not sufficient to ensure the safety of the yacht or if the crew is not able to sail under satisfactory safety conditions.
10.11 Depending on the place of departure, restrictions on the permitted distance may apply depending on the charter duration. These restrictions are mandatory.
10.12 The customer undertakes to comply with all regulations applicable in the charter area, in particular regarding protected areas, marine parks and fishing restrictions. The customer indemnifies Marine Infinite GmbH against all claims or legal steps arising from the customer's non-compliance with these rules and regulations. All illegal activities (drug trafficking, prostitution, transport of migrants, transport of illegal material (weapons, dangerous products), commercial use of the yacht (carrying paying passengers, cruises, excursions, sporting activities, etc.) are strictly prohibited.
10.13 In the event of damage to the yacht or an accident between the yacht and a third party, the customer will inform Marine Infinite GmbH immediately so that Marine Infinite GmbH can inform the customer of the appropriate course of action. If outside assistance is required, the customer will inform Marine Infinite GmbH immediately before costs are incurred, except in the case of danger or where a delay in the operation could present a risk to the crew or the yacht. The customer must keep all invoices and receipts relating to repairs in order to enable reimbursement by Marine Infinite GmbH as quickly as possible. If towing is required, Marine Infinite GmbH will inform the customer of the procedure to be followed. In the case of emergency towing, priority is given to the safety of the crew and the yacht. The customer and Marine Infinite GmbH will then agree how the towing costs are to be borne, depending on the cause of the incident that made the towing necessary. In all cases, the customer will negotiate and fix the price of the towing with the captain of the other yacht before proceeding in coordination with Marine Infinite GmbH, whenever this is possible.
10.14 The customer's attention is drawn to the particular nature of the toilets on the yachts. Any improper use, in particular throwing in anything other than the legitimate amount of paper intended for that purpose, may render the toilets unusable. The customer will be held responsible for this.
10.15 Maritime liens: The customer may not incur or authorise maritime liens, salvage or indebtedness in connection with the yacht or at the expense of Marine Infinite GmbH. The customer may not abandon the yacht or enter into a salvage agreement without the prior written consent of Marine Infinite GmbH. The customer indemnifies Marine Infinite GmbH against all maritime liens, salvages or indebtednesses arising in connection with the yacht or in the name of Marine Infinite GmbH as a result of an act or omission of the customer. 10.16 If the customer decides to interrupt or shorten the charter time or not to use certain services, no refund is possible.
10.17 Any grounding (even without visible damage) must be reported immediately and, if damage to the charter yacht is suspected, the nearest port must be called at immediately, an inspection by a diver must be arranged and - after consultation with the charterer and on the charterer's instruction - hauling out or slipping must be arranged if necessary.
10.18 To enter and leave ports only under engine. To avoid running the engine while under sail, but under no circumstances to operate the engine with sails set at a heel of more than 10 degrees.
10.19 Not to allow the battery voltage of all on-board batteries to fall below 12 volts. For this purpose the batteries are to be charged in good time via the engine, any generator present or a shore power connection, and consumers are to be switched off if necessary. Heavy consumers such as the anchor windlass or bow thruster may only be operated if at the same time the battery voltage is supported by the
engine or any generator present.
10.20 To berth only in ports or moorings where safe entry and exit, mooring and lying for the planned period can be guaranteed.
10.21 To board the charter yacht only with suitable, clean and non-marking boat shoes.
11.1 The yacht must be returned to the "check-out base" on the date and at the time stated in the charter contract. The yacht must be returned with all equipment listed in the inventory check on departure in a similar condition. The customer remains fully responsible for the yacht until the inventory is signed on return and the yacht is finally unloaded.
11.2 If the return of the yacht is delayed due to force majeure as defined below, it must be carried out as quickly as possible after the end of the event causing the delay, at no additional cost to the customer.
11.3 In the event of a late return, except in cases of force majeure, the customer shall pay Marine Infinite GmbH compensation equal to the public charter rates for the yacht for that period plus 50 %. Any day that begins beyond the charter period counts as a full day. If the delay in return exceeds twenty-four (24) hours, the customer is obliged to compensate Marine Infinite GmbH for all losses or damage incurred by it as a result of this delay, including delays or cancellations of subsequent charters of the yacht.
11.4 If the customer does not return the yacht to the agreed port of arrival, he/she must pay Marine Infinite GmbH, in addition to the amounts provided for in Article 11.3, the costs of returning the yacht to the port of arrival specified in the charter contract. The same applies in the event that the yacht is abandoned before the end of the charter period, i.e. the yacht remains unoccupied at any location for more than 12 hours.
11.5 The customer must return the yacht with all its equipment to Marine Infinite GmbH in the same condition as at the beginning of the charter period, in a clean condition and within the agreed time. If the yacht is returned without a full fuel tank, a fee of 100 € shall be charged in addition to the cost of the fuel. In the event of a blocked toilet during the charter period, a fee of 200 € per blocked toilet shall be charged.
11.6 The charterer undertakes to pay for all losses or damage not provided for in the insurance policy that may occur on board the yacht or to the yacht itself until it has effectively been returned to Marine Infinite GmbH. The customer remains responsible for the yacht until the contradictory inventory list is signed on return of the yacht and final disembarkation.
12.1 The yacht is insured during the charter period against all accidental damage, including damage to third parties.
12.2 The following is excluded from the scope of insurance, irrespective of whether it concerns the customer or a person on board, and is therefore not covered:
• Theft or loss of personal items
• Any accidents that a person on board may suffer or during the charter period
• All damage caused by a voluntary or intentional act
• Any breach of the rules for the use of the yacht.
12.3 In the event of damage of any kind, including to third parties or theft, the customer must record the incident in the logbook and notify Marine Infinite GmbH without delay. In the event of damage in which a third party is involved, the customer must provide a statement concerning that third party and, where applicable, provide a response statement concerning the third party with the full details of that third party and its insurers. Otherwise the damage will not be insured. 12.4 The insurance cover taken out by Marine Infinite GmbH includes an excess which is constituted by a variable deposit to be paid by the customer. The customer therefore remains its own insurer for losses or damage of any kind, including those caused to third parties, up to the amount stated in the special conditions of the charter contract.
12.5 It is recommended that a full reduction of this excess be obtained by taking out deposit insurance. The deposit insurance covers the amount of the excess payable in the event of a claim. However, it does not relieve the customer in the event of an excluded claim pursuant to Article 12.2.
12.6 Even where deposit insurance is taken out, the customer must lodge the deposit, the amount of which is stated in the special conditions. It will be retained by Marine Infinite GmbH in the event of an insured claim and in order to remedy damage caused by the customer during the charter, without however constituting a cap on liability.
12.7 All damage caused by an intentional breach of obligations by the customer of the yacht or by the third party who has hired the yacht (e.g. intentional damage, breach of these sailing conditions, etc.) must be settled. The amount of the deposit is intended, in the event of damage or liability of the customer, to anticipate costs, but does not in any way constitute a limitation of liability.
12.8 Marine Infinite GmbH is not obliged to make a replacement yacht available to the customer or to pay compensation in the event of the hired yacht being laid up due to accident damage during the charter. In the event of loss of or damage to valuable equipment such as an outboard motor or a dinghy, the charterer is entitled during the charter to an immediate replacement if a separate deposit in the amount of 2.000 € is paid to Marine Infinite GmbH (to cover the replacement equipment).
13.1 Neither party shall be liable for the total or partial non-performance of its obligations under this contract where such non-performance or delay in its contractual obligations is attributable to an event of force majeure, such as government decisions, laws (obligation to render assistance at sea), war (formally declared or undeclared state of war or civil war), threat to personal safety (such as hostage-taking, kidnapping, murder, bombing, suicide attack, boarding, piracy), explosion, civil unrest, act of terrorism, riot, insurrection or coup d'état, sabotage, fire, flood, drought, monsoon, natural disaster, cyclone, in particular tropical cyclone, named meteorological phenomenon, epidemic, quarantine, restriction, interruption of supply sources (in particular of energy, raw materials, etc.) or transport, blockage of transport routes (canal, port access, port congestion), strike, lockout or any other event beyond its control.
13.2 The affected party must inform the other party by all available means as quickly as possible of the occurrence of an event of force majeure.
13.3 In the event of a delay or non-performance on the basis of an event described above which does not allow the charter to take place as planned, the following applies:
• All charter payments will be credited for future charters.
• Marine Infinite GmbH will make proposals to the customer enabling it, depending on availability and the customer's preference, to book a new charter at a new location or on new dates, or both.
• Marine Infinite GmbH shall not be liable for additional costs incurred by the customer as a result of changes to its charter due to an event of force majeure.
14.1 Marine Infinite GmbH shall be liable only in the case of gross negligence on the part of Marine Infinite GmbH.
14.2 The yacht is insured under the conditions set out in Article 12 and the customer undertakes to waive any recourse claims against Marine Infinite GmbH in respect of amounts exceeding the reimbursements made by the insurers, in application of the policy and in application of Article 12, before any jurisdiction.
14.3 Except in the case of personal injury, the total liability of Marine Infinite GmbH, irrespective of the basis and the nature of the claim brought against Marine Infinite GmbH, shall in no case exceed 10.000 € (ten thousand euros).
14.4 In no case shall Marine Infinite GmbH be liable for consequential damage and/or indirect damage, such as loss of use, loss of data, loss of operation, loss of profit, loss of business, lost revenue, lost goodwill, missing expected savings, loss of reputation and generally all losses of an economic or financial nature, whether or not they are regarded as indirect or arise directly from the event giving rise to the claim for compensation.
15.1 The parties undertake to comply with all applicable laws, regulations and rules, in particular those relating to the fight against corruption, illegal trade and all customs or environmental regulations.
15.2 Economic sanctions – embargo The parties represent and warrant that they and their representatives will comply with all restrictions and/or prohibitions applicable to business transactions under the laws, regulations, rules or other decisions issued by a governmental authority, including but not limited to the United States, the European Union, the United Nations and the United Kingdom. The parties further represent and warrant that they and all their representatives are not identified, listed, held or controlled by any legal person listed by the United States, the European Union, the United Nations or the United Kingdom as a "blocked person", "denied person" or "specially designated national" and that they are not subject to any prohibition on doing business under laws, regulations, rules or other decisions published by the United States, the European Union, the United Nations or the United Kingdom. Each party shall notify the other without delay if it or one of its representatives is added to a sanctions list. The parties may not, directly or indirectly, enter into any agreement or transaction with a "blocked person", "denied person" or "specially designated national" in connection with the goods or services provided under this agreement.
15.3 GPS tracking of the charter yacht: The charterer agrees that the vessel's position and vessel data may be recorded by means of electronic systems ("tracking") and transmitted to the base, the charterer's lessor and, in the event of damage, to the insurer. In all other respects, the lessor's data protection provisions apply.
15.4 Marine Infinite GmbH acts in accordance with the principles of the EU General Data Protection Regulation (GDPR) and the applicable German data protection law.
Personal data: The customer has the following rights under the conditions provided for in the legislation on the protection of personal data:
• The right of access to and to receive a copy of your personal data held by Marine Infinite GmbH,
• the right to rectification and updating of inaccurate or incomplete personal data,
• the right to have all or part of your personal data erased under certain conditions,
• the right to information about the conditions under which Marine Infinite GmbH uses your data,
• the right to object at any time and without giving reasons to the further processing of your data for commercial prospecting purposes (receipt of SMS and commercial emails), even if you initially consented. These rights may be exercised by sending an email to info@marine-infinite.com.
The contract is governed by German law. In the event of a dispute between the parties, the party with a complaint shall notify the other party in writing. The parties undertake to attempt to find an amicable resolution of the dispute by negotiating in good faith. If no amicable resolution is found within 60 days of receipt of the letter setting out the complaint, all difficulties relating to the formation, interpretation or performance of the charter contract, irrespective of multiple defendants or the introduction of third parties, including for emergency or interim relief proceedings, in expedited proceedings or on application, shall fall within the exclusive jurisdiction of the competent courts. For all disputes arising out of and in connection with these general terms and conditions as well as any other agreements, to the extent permitted by law, the exclusive jurisdiction of the court at the registered office of Marine Infinite GmbH: Nuremberg, Bavaria, Germany.
17.1 Entire agreement: The charter contract and the General Charter Terms and Conditions, which form an integral part thereof, constitute the entire agreement between the parties in relation to the subject matter of the contract. With effect from their entry into force, they terminate all obligations or agreements previously entered into between the parties in relation to the same subject matter.
17.2 Partial invalidity: Should any provision of this agreement be declared invalid or unenforceable under a law, a regulation or a final decision of a competent court, that provision shall be amended so as to become valid, or shall be deemed unwritten, but shall not cause the remaining provisions of the agreement to become invalid or unenforceable. The parties agree to use their best efforts to replace an invalid or void clause with a new clause that comes as close as possible to the original intention of the parties.
17.3 Assignment – subcontracting: Marine Infinite GmbH is free to assign or subcontract its rights and obligations under the charter contract in whole or in part to a company of its choice without the prior consent of the customer.
17.4 Communication: Communication between the contracting parties shall take place by email or telephone for routine conversations and for urgent conversations, in particular in the event of damage. A written conversation may be requested. All questions relating to the contract or to these general terms and conditions may be addressed to info@marine-infinite.com.
These General Charter Terms and Conditions are confirmed and expressly accepted by the customer and by Marine Infinite GmbH by submission of the offer and by the customer by payment of the deposit.
Amendments to these terms apply only to bookings made after their publication.
