General Terms and Conditions Lunamare GmbH
Registration, conclusion of contract
By registering/booking for a cruise, a contract is concluded between you and Lunamare GmbH. By registering/booking, you confirm that you have read the General Terms and Conditions and accept them as an integral part of the contract.
Contract content
The booked travel date, area and duration are part of the contract. This primarily guarantees accommodation on a yacht. Transportation may be suspended in particular due to dangerous wind and weather conditions or sudden technical problems. If the yacht can still be used as accommodation, claims for compensation due to non-transportation are excluded. The ship possibly named, the skipper mentioned by name, as well as the itinerary or destinations mentioned therein are not part of the contract.
Prices
In the event of subsequent price increases by charter and transport companies, newly introduced or increased charges or fees, changes in exchange rates, value added taxes or similar, Lunamare GmbH may adjust the prices and pass them on to the customer. Price changes are not likely, but are expressly reserved. The conditions at the time of contract conclusion apply.
Payment
Unless otherwise stated or agreed, the full amount is due from the time of booking.
Cancellation / rebooking / insurance
For rebookings, we charge a processing fee of CHF 100 per person, up to a maximum of CHF 300 per order. For services arranged by us, the cancellation and rebooking conditions of the relevant service providers (e.g. charter companies, ship owners, transport companies) apply
Cancellation fees for withdrawal are as follows:
Up to 90 days before the start of the cruise 50% of the cruise price
89 to 46 days before the start of the cruise 75% of the cruise price
0 to 45 days before the start of the cruise 100% of the cruise price
You have the option of providing a replacement person. In this case, we will charge a processing fee of CHF 100 per person, as well as the difference if the replacement person does not take the trip at the same price. If you cancel the trip prematurely, no refund can be claimed. We recommend that you take out cancellation insurance in any case.
Cancellation by Lunamare GmbH must be made at least two weeks before departure. In this case, the price of the cruise can be partially refunded. If the trip is canceled, the expenses saved will be reimbursed. Claims for damages are excluded. This is subject to force majeure, unrest, strike and other circumstances which make it advisable to cancel the trip in the interests of the participants. If you do not show up for departure or departure too late (no-show), no refund of the price can be granted.
Complaints
Complaints must be recorded in writing during the trip and confirmed by the skipper. Without this, your complaint cannot be dealt with. Complaints must be received in writing by Lunamare GmbH no later than 8 days after the last day of the cruise.
Liability
Lunamare GmbH has public liability insurance and our skippers have taken out skipper's liability insurance to cover the risk of gross negligence. All charter yachts have fully comprehensive and third party liability insurance. Lunamare GmbH will not accept any liability in the event of a claim.
Claims for damages are excluded if these are due to a failure on the part of participants, third parties or force majeure. There is no entitlement to compensation if, despite due care on the part of Lunamare GmbH or the service provider, unforeseen damage occurs or could not be averted. Participants are obliged to provide information about their state of health and, in case of doubt about their fitness for sea travel, to have this confirmed by a doctor. Participation is at the participant's own risk; the liability of Lunamare GmbH is limited to intent and gross negligence. If the skipper considers the risk of an individual participant to be too high for medical reasons for the individual participant or for the rest of the crew, any participant may be excluded from continuing the trip at any time. Lunamare GmbH cannot be held liable for any resulting costs.
Travel documents
Each participant is responsible for obtaining the necessary travel documents (valid passport, visa, vaccinations). The necessary information can be found on the homepage of the FDFA (Federal Department of Foreign Affairs). Please check that your travel documents are valid and complete immediately after booking. The same applies to all necessary vaccinations.
Luggage
Water-repellent clothing and boat shoes with light-colored soles are necessary on every trip. The luggage should consist of a soft travel bag that can be easily folded for storage. Suitcases and bulky travel bags are not suitable.
Ship regulations
Good health is a prerequisite for every cruise. Each individual participant is obliged to inform us of any health problems. The skipper has authority on board and is responsible for the well-being of all participants. In the event of any problems, the skipper is the first person to contact on board. He is responsible for safety on board, the vessel, its condition and seaworthiness. The skipper is fully catered for on board by the on-board cash box. The skipper is authorized to exclude passengers from carriage on board for important reasons. If individual passengers are prohibited from sailing by local authorities, there is no entitlement to compensation.
Mileage confirmation
On our cruises, if you actively participate in maneuvers and navigation, a practical certificate for the Swiss high seas certificate can be issued at the end of the cruise and the mileage confirmation can be signed by the skipper. Subsequent mileage confirmations will be charged at CHF 100.
Photos/Videos
By paying the invoice, the participants of a cruise agree that photos and video recordings taken during the cruise, both on and off the boat, may be used for marketing purposes on the homepage of www.lunamare.ch and www.lunamare.ch, in newsletters, brochures and in social media without further consultation by Lunamare GmbH.
Program changes
Unforeseeable circumstances may result in changes to the travel program (e.g. choice of route). We undertake to endeavor to provide equivalent replacement services. Under no circumstances do changes to the program entitle the customer to claim damages (including consequential damages, e.g. loss of wages).
Place of jurisdiction Rüschlikon, December 2021
Addendum 1: Supplementary regulation in relation to COVID-19
Will the cruise take place?
The development of the general situation due to COVID-19 is currently difficult to predict. Whether and in what form a cruise can be carried out can only be said with certainty at short notice in this situation. We are endeavoring to manage the situation to the best of our knowledge and belief. Whenever possible, we want to carry out the trip, but the health and safety of our guests always has top priority.
We are constantly monitoring the development of the situation and are continuously reviewing the following points. If there are any consequences for a planned cruise, we will inform the participants immediately.
- Departure and re-entry into Switzerland
- Situation at the destination
- Crew (composition and risk groups)
- General risk assessment and justifiability of implementation
What if the cruise cannot take place as planned due to COVID-19?
Case 1) Participant is unable to travel due to their personal situation:
Insurance is the responsibility of the participant. No claims for compensation or reimbursement can be made against Lunamare GmbH. We therefore recommend that every participant takes out travel insurance with a Corona supplement.
Case 2) The skipper scheduled for the trip is canceled:
If possible, Lunamare GmbH will provide a replacement skipper. If this is not possible and the cruise has to be canceled by Lunamare GmbH, the participant will receive a full refund of the amount paid to Lunamare GmbH. Any further claims or compensation are excluded.
Case 3) Cancellation of the trip due to COVID-19:
If the cruise cannot be carried out due to legal regulations in the country of departure and/or at the destination or for other reasons beyond the control of Lunamare GmbH, the participant will receive a voucher for the amount paid to Lunamare GmbH, which can be credited towards future cruises or courses offered by Lunamare GmbH. Any further claims or compensation are excluded.
Rüschlikon, January 2022
