General conditions

General travel conditions

General Terms and Conditions of Travel (hereinafter referred to as ARB)

This document contains the General Terms and Conditions of Travel of the company Pirates of Paradise (sole proprietorship), company owner Jens Brüggemann, hereinafter referred to as PoP.

Company details:
Pirates of Paradise (sole proprietorship)
Company owner: Yenzi (Jens) Brüggemann
Grevenkamp 86
33442 Herzebrock-Clarholz
Germany

E-mail: info@pirates-of-paradise.com
Phone: +49 5245 83 83 0

Sales tax identification number according to § 27a UStG: DE304370179
Responsible for content acc. § 55 II RStV: Jens Brüggemann (address see above)

Please read this document carefully before making any purchases in our online booking system (also called store). Important things are highlighted.

1 Applicability, applicable law and contractual language

The following General Terms and Conditions apply exclusively to contracts for travel with private customers concluded with the customer’s contractual partner, PoP, via the website www.pirates-of-paradise.com.

PoP reserves the right to change these conditions if, for example, the legal situation changes. The ARB become effective upon being made available on our website www.pirates-of-paradise.com.

All legal relations between PoP and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Contract language is German.

2. conclusion of the travel contract

The limited tours presented on the website are subject to change, i.e. they do not represent binding offers on the part of PoP, but merely an invitation to the main booking party to submit a binding booking offer.

The booking on our homepage can only be made by one main booking agent for each crew. The main booking party bindingly submits the contract offer for himself and his crew members by booking.

By booking on our website, the main booking party confirms that

  1. he is authorized to book the voyage on behalf of each crew member with effect of §§ 164 ff. BGB also for each crew member.
  2. these ARB shall apply to each Crew Member and each Crew Member agrees to the ARB, which is a prerequisite to booking travel on our website.
  3. PoP may make cancellations without refund if any of the above points do not correspond to the facts.

The receipt of the booking offer is confirmed to the main booking party. The booking confirmation does not constitute an acceptance of the contract by PoP. PoP accepts the contract only by express notification. PoP reserves the right to refuse the conclusion of the contract.

The main booker assures that all information provided by him/her during booking and personalization is true. PoP must be notified of any changes without delay.

The main booking party cannot make any other bookings within an event without the express written permission of PoP. In this case, you must submit a written request to PoP.

The main booker must himself be a travel participant (guest, crew member or skipper) of the booked trip. All trip participants must be at least 18 years old.

PoP is not responsible for extra costs due to errors in the booking confirmation email.

3. online check in

All travelers are required to check-in online via the above personalization link. Online check-in is available eight weeks prior to the start of a confirmed trip. If this does not take place, PoP reserves the right to charge a fee of € 25.00 per person, unless the customer can prove that no damage or a reduction in value has occurred or that the damage or reduction in value is significantly less. Upon arrival at the home port, you will be asked for identification.

4. travel price and payment

Travel price

The listed prices are without exception final prices. The prices are stated in EURO including the legally valid value added tax. The price does not include the cost of meals for skippers. The skipper must be provided with at least three meals a day by his crew upon request.

Payment

The payment terms depend on the event and can be seen in your booking confirmation. If the deposit amount is not received immediately or within 3 days after receipt of the travel confirmation and if no payment is made after a request and an appropriate deadline, PoP is entitled to terminate the contract without notice and to cancel the booking. In this case PoP will claim the costs calculated according to clause 7 as compensation.

5. services

Our services result from the service descriptions and the notes in our online catalog.

The journey of the customer/crew takes place exclusively in own responsibility and after own organization of the customer/crew.

However, there is the possibility of renting a car specific to the offer from one of our partners, through us as an intermediary. We would like to point out that we act exclusively as an intermediary in this regard. A contract for the rental car is not concluded with PoP, but exclusively with you as the renter and our partner as the lessor. PoP is only an intermediary and only responsible as such. For the exact car rental prices, please refer to the online catalog available on our website www.pirates-of-paradise.com. We would also like to point out that our partners make it a condition for renting a vehicle that the rental car may only be driven by such persons who are at least 24 years old at the time of delivery of the rental car, are out of the probationary period and have been in possession of a valid driving license for at least 2 years. At this point we would like to point out the further conditions of our partners.

For bus or van travel, a maximum of one suitcase or travel bag per person (maximum luggage dimensions are 80x40x40 cm) plus. one piece of hand luggage allowed. Due to limited storage space, we cannot guarantee the carriage of hard-sided suitcases. Luggage and other items brought along are to be supervised by the passenger during boarding, transfer and disembarkation.

The implementation of the excursions offered on site is subject to a minimum number of participants of 20 people.

The non-contractual services arranged by PoP on behalf of the traveler are not part of the travel contract. PoP assumes no liability for the performance of third-party services. Any liability for third-party services is governed by the terms and conditions of the respective organizer.

PoP does not authorize resale or sale of its services. PoP may engage third parties or its own employees to distribute its products on its behalf.

6. travel cancellation, service and price changes by PoP

Pop reserves the sole right to cancel the booking at any time and without giving any reason. If your trip is cancelled due to physical and mental limitations, you are entitled to a full refund.

Pop reserves the right to change the services if this cannot be avoided. If there are any changes, you will be informed here. You then have the following options:

  1. Cancel booking with refund of all partial amounts paid and lower cancellation costs (for cancellation costs, see item 7).
  2. Accept change. In the event of a change of service by PoP to the more favorable PoP offer, the difference will be refunded or credited. If the service change is more expensive, you will be charged the difference.
  3. Make a completely new booking within our availability. This does not constitute a guarantee of availability.

PoP will not provide a refund if you are in default of payment or the reason for cancellation is force majeure. Force majeure for the purposes of these General Terms and Conditions of Travel includes, for example, dangerous weather conditions, fire, natural disasters, industrial action, war, riot and others.

PoP reserves the right to cancel the booking without refund if you violate the obligations outlined in the ARB. If the main booking party violates its obligations, PoP is entitled to cancel the trip for all crew members without reimbursement.

PoP may withdraw from the travel contract up to 31 days prior to the start of the trip if the advertised or officially specified minimum number of participants is not reached. You will be refunded the travel price paid to date without delay. If it becomes apparent at an earlier stage that the minimum number of participants cannot be reached, we will inform you of this. If you do not contact us within three days after receiving the information about the change, PoP has the right to cancel the booking. The costs for this are governed by item 7).

One month before the start of the trip until the start of the trip, price changes, except as a result of exchange rate differences, tax increases, fees levied, customs duties levied, no longer take place. For price errors, we reserve the right to make changes even after the booking has been confirmed. All price changes are communicated through the main booking agent. If the price deviation is greater than 10%, you have the following options:

  1. To carry out the trip under the modified conditions.
  2. Cancel the booking with a refund of all partial amounts paid and lower cancellation costs (for cancellation costs see section 7) without compensation for lost vacation enjoyment or similar.
  3. Make a completely new booking within our availability. This expressly does not constitute a guarantee.

PoP may terminate the travel contract without notice if the traveler, notwithstanding a warning from PoP, persistently disturbs the travel contract or if he/she behaves in such a manner contrary to the contract that the immediate cancellation of the contract is justified. If PoP cancels the contract, PoP retains the right to the travel price; however, PoP must take into account the value of the saved expenses as well as the advantages gained from other use of the unused service, including the amounts credited to PoP by the service providers.

You can be expelled from the yacht even during the vacation. The domiciliary right on the yacht is incumbent on the respective skipper.

7. withdrawal and rebooking by the customer

A change in the person of a crew member must be reported to PoP immediately and requires PoP’s approval. PoP may charge you a fee of 50,00 € per changed crew member, depending on the effort. When a crew change request is made, the primary booker must ensure that the new crew member agrees to the ARB. In this respect, point 2) applies.

The traveler can withdraw from the contract at any time before the start of the trip. If the traveler withdraws from the contract, PoP loses the claim to the agreed travel price. However, PoP may demand reasonable compensation. The amount of compensation is determined by the travel price less the value of the expenses saved by PoP as well as what PoP can acquire through other use of the travel services. The withdrawal must be declared to PoP in writing.

In the event of withdrawal, the following compensation costs shall be incurred, unless the customer can prove that no damage or a reduction in value has been incurred or that the damage or reduction in value is significantly less. The percentages are to be provided from the total tour price. The amount of the cancellation fee depends on the selected service.

Yacht bookings

  1. From the day of booking until 61 days before the first day of the event – 30%.
  2. Within 60 to 35 days before the first day of the event – 50%.
  3. Within 34 days before the first day of the event – 100%.

Cabin bookings

  1. From the day of booking until 61 days before the first day of the event – 50%.
  2. Within 60 days before the first day of the event – 100%.

The calculation takes into account the usual saved expenses and the possible alternative use of the travel service. PoP reserves the right to demand a higher, concrete compensation in deviation from the above lump sums. In this case, PoP is obligated to specifically quantify and substantiate the requested compensation, taking into account the saved expenses and any other use of the travel services.

If you do not make use of individual travel services as a result of an early return journey or for other compelling reasons, there is no entitlement to a proportional refund of the travel price.

If you wish to terminate the travel contract due to a travel defect of the type described in § 651 c BGB (German Civil Code) in accordance with § 651 e BGB (German Civil Code) for good cause recognizable by us due to unreasonableness, you must first set us a reasonable deadline for remedial action. This shall only not apply if remedy is impossible or is refused by us or if the immediate termination of the contract is justified by a special interest on your part which is recognizable for us.

If you cancel the booking of a skipper, we will charge them 100,00 € handling fee, unless the customer proves that damage or depreciation did not occur or occurred to a much lesser extent.

Changes can be requested in writing from PoP up to a maximum of 14 days before the start of the event. Please understand that not all changes are possible. PoP has the sole power of decision.

Subsequent booking of a skipper will incur extra costs. These vary depending on the event and will be communicated to you individually upon request.

8. liability and limitation

The warranty law of §§ 651 c to f BGB applies.

Claims under §§ 651c to 651f BGB must be asserted by the traveler against the tour operator within one month after the contractually agreed termination of the tour. After expiry of the deadline, the traveler may only assert claims if he was prevented from meeting the deadline through no fault of his own. Claims of the traveler according to §§ 651c to 651f are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract.

9. deposit and disclaimer

Upon arrival, the charter company may require a deposit to cover additional costs such as final cleaning, damages or other. This will be settled at the end of the trip by credit card or partially in cash (the amount of the damage or final cleaning will be deducted from the deposit). Please keep in mind that some charter companies only accept cash. This agreement is made with you and the charter company. PoP does not cover any costs for loss of deposit.

At check-in, you may be required to sign the GTC (General Terms and Conditions) of the charter company. Some charter companies will limit your liability with their own T&Cs or ARBs. This transfers to the contract between PoP and you. PoP’s liability is not higher than that of the charter company.

You can find boat class specifications on the PoP website, such as boat class length, interior, charter company and other details. PoP does not guarantee this information as it is provided by our service providers. Pictures of the boat classes are exemplary and may differ from the booked boat. As these pictures are transmitted to us by the charter company, we cannot be held responsible for you receiving the same yacht as shown in pictures that are or were displayed on the PoP website.

Each client is liable to the charter company for the damages and/or losses culpably caused by him.

PoP is only liable for damages resulting from the participation in our events (personal and/or material damages as well as possible consequential damages) if the damages are due to a fault of PoP and there is intent or gross negligence. PoP is not liable for the loss or damage of the crew’s personal property.

PoP does not provide safety briefings on the seaworthiness of the yacht or its auxiliary equipment. The safety briefing is provided by the charter company on site. PoP assumes no liability for this.

10. hints

All travelers are insured by a statutory insolvency insurance according to §651k BGB. Our insurer is R+V. (Insurer’s website: www.ruv.de)

External speakers are not allowed. Music after eight o’clock is also prohibited in the port.

11. passport, visa and health regulations

PoP is not responsible for informing nationals of the country in which the trip is offered about provisions of passport, visa and health regulations, as well as any changes thereto, prior to the start of the trip. PoP will not refer to the requirements for nationals of another state. PoP does not assume any liability for disadvantages resulting from non-compliance with the above regulations. PoP is not liable for the issuance and access of necessary visas. A customer who does not have complete and proper travel documents at the start of the trip or during the trip may be excluded from the trip. Expenses cannot be reimbursed in this case.

It is important that you let us know about your special requirements and needs (illnesses, mobility problems or physical disabilities) so that we can find an appropriate arrangement. PoP cannot be held liable for failure to provide such notice. If you needed help in this regard, please contact us.

PoP does not sell or offer travel cancellation insurance or international health insurance. You must organize your own travel insurance/health insurance and make sure that the risk of sailing, is covered by this insurance. PoP does not assume any costs and risks for the clients who travel without such travel insurance.

12. final provisions

Should one of these provisions be invalid, this shall not affect the validity of the remaining provisions. Ineffective provisions shall, as far as possible, be replaced by such effective provisions as achieve the intended purpose as far as possible.

You may not assign any of your rights under the ARB to any third party. All claims of the crew members are subject to a prohibition of assignment.

General terms and conditions (store)

General Terms and Conditions (hereinafter referred to as GTC)

This document contains the general terms and conditions of the company Pirates of Paradise (sole proprietorship), company owner Jens Brüggemann, hereinafter referred to as PoP.

Company details:
Pirates of Paradise (sole proprietorship)
Company owner: Yenzi (Jens) Brüggemann
Grevenkamp 86
33442 Herzebrock-Clarholz
Germany

E-mail: info@pirates-of-paradise.com
Phone: +49 5245 83 83 0

Sales tax identification number according to § 27a UStG: DE304370179
Responsible for content acc. § 55 II RStV: Jens Brüggemann (address see above)

Please read this document carefully before making any purchases in our online booking system (also called store). Important things are highlighted.

1. applicability applicable law

These General Terms and Conditions are the basis of the contract between you (customer) and PoP.

PoP reserves the right to change these conditions at any time, for example, if the legal situation changes. These GTC will become effective upon public display on our website www.pirates-of-paradise.com. The GTC apply to all contracts for the purchase of merchandising items concluded with the customer of the electronic ordering service (online store: www.pirates-of-paradise.com). Merchandising items include t-shirts, hoodies, and more. This part of the GTC expressly does not apply to bookings of travel on the PoP website. To do this, please open the General Conditions of Travel on the PoP website.

These Terms and Conditions and the entire legal relationship between PoP and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. product selection, contract conclusion and language

The limited offers of goods presented in the online store are subject to change, i.e. the products and services do not constitute binding offers on the part of PoP. They merely contain an invitation to the customer to submit a binding purchase offer.

By clicking the button “Put in the travel bag” the customer can put the goods in the virtual shopping cart (“travel bag”). This process is non-binding and does not constitute a contract offer by the customer. The ordering process of the goods in the shopping cart is started only after clicking the button “Proceed to checkout”. Before starting the order, the customer is informed about the General Terms and Conditions, the right of withdrawal (and the associated form), as well as the Privacy Policy. In the following window the customer is asked to provide the data necessary for the order processing (name, address, e-mail, etc.). Here the customer has the possibility to confirm his billing address or to correct it if necessary. Furthermore, the customer is shown the shipping method, like the payment method. Here the customer can choose between credit card or Klarna.

Once the customer has completed his product selection, the customer receives a compilation of the products at the end of his purchase at the total final price including VAT. Before sending, the customer is enabled to check the order for correctness of content, especially price and quantity.

If the customer has selected a payment method or payment method, he can complete this order by clicking the button “order with costs”. Herewith the customer submits a binding offer to PoP directed towards the conclusion of a purchase contract. After placing the order, the customer PoP promptly receives an e-mail confirming receipt of the order, the details of which are reflected (order confirmation). If the customer has specified Klarna as a payment method, he will be redirected to the Klarna payment page after completing the order.

The order confirmation does not constitute an acceptance of the purchase offer by PoP. PoP reserves the right to refuse the conclusion of the contract at its discretion. PoP accepts the contract either by express notification or delivery of the goods after receipt of the order. The customer assures that all information provided by him when ordering or registering in the online store (e.g. name, address, e-mail address, bank details, etc.) are true. PoP must be notified of any changes without delay.

Contract languages are German and English.

3. prices & shipping costs

The prices listed are without exception final prices – i.e. they include all price components including any applicable taxes under German law, in particular value added tax. The prices are stated in EURO including the legally valid value added tax. The sales tax rate and proportion shall be shown in the invoice in each case.

The shipping costs will be communicated to the customer by PoP in any case.

4. delivery

Goods are regularly delivered by mail to the order address specified by the customer. Delivery to post office boxes is excluded. The delivery is carried out by a carrier chosen by PoP. Shipping within Germany is made between 1-3 business days, abroad longer. Delivery within Germany will be between 3-10 business days after receipt of payment, abroad longer. If the customer finds out that the goods have been damaged during transport, PoP asks to be notified immediately if possible. PoP points out that this notification is not a prerequisite for the exercise of the statutory right of withdrawal or the assertion of claims for defects.

5. terms of payment

Payment is made by credit card or Klarna at the customer’s option, with the final price payable within 10 days of the conclusion of the contract. PoP is not responsible for any credit card usage fees, exchange rate differences or other fees.

6. default on acceptance of payment

If the customer does not accept the goods at the agreed place of delivery or does not pick them up at the parcel store within a reasonable period of time, PoP is entitled to withdraw from the contract after setting and unsuccessful expiration of a grace period of 14 days. In this case PoP is entitled to claim 10 percent of the gross price as liquidated damages in lieu of performance, unless Customer proves that only a substantially lower damage or no damage at all has been incurred.

7. retention of title

The delivered goods remain the property of PoP until they have been paid for in full.

8. statutory liability for defects

PoP shall be liable for defects of the goods according to the statutory provisions, in particular §§ 434 et seq. BGB and the mandatory rules of the sale of consumer goods. The customer is entitled to a warranty only if PoP has given it separately. The customer shall use the original packaging for the return as far as possible. PoP expressly points out that the assertion of claims for defects and/or claims for damages as well as the exercise of the right of withdrawal are not dependent on this.

9. copyright

The website is owned and operated by PoP. All content on the Website, including text, graphics, photographs, images, moving images, sounds, illustrations and software (hereinafter: “CONTENT”), is the property of PoP.

PoP points out that all illustrations and photos on the website (www.pirates-of-paradise.com) are protected by copyright. All illustrations and photographs are the property of PoP or third parties, with permission to use third party images. Unless otherwise stated within the website, reproduction, editing, translation, storage, processing of the content, in particular the use of the image and text material on platforms such as ebay are not permitted.

10. data protection

PoP will comply with all data protection requirements, in particular with the provisions of the German Telemedia Act. More detailed information on this can be found under “Privacy Policy”.

11. final provisions

This contract contains all agreements made between the parties concerning the subject matter of the contract. There are no ancillary agreements.

Should individual provisions of this contract be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the valid or enforceable provision that comes closest to the invalid or unenforceable provision.

If you still have questions, feel free to write us.

Nachricht senden

Pirates of Paradise Kontakt

Kontakt

Pirates of Paradise
Grevenkamp 86
33442 Herzebrock

Tel.:+49 5245 83 83 83 0

Send message

Pirates of Paradise Contact

Contact

Pirates of Paradise
Grevenkamp 86
33442 Herzebrock

Tel.:+49 5245 83 83 0