General
business
Conditions

The contracting party is The Ocean Collective GmbH based in Hamburg.

The terms and conditions in their most recent version apply; previous versions are no longer valid.

1. Scope and conclusion of the contract

These terms and conditions apply to all contracts concluded via this website (https://theoceancollective.co) between customers and The Ocean Collective GmbH These terms and conditions govern the conclusion of travel contracts.

Contract Conclusion: By making an online booking via the booking system and simultaneously agreeing to these General Terms and Conditions, the customer submits a binding offer to conclude a contract. The customer is bound by this offer. The contract is only concluded upon express acceptance (booking confirmation) by [the booking provider/company]. The Ocean Collective GmbH arose, which the The Ocean Collective GmbH The information will be automatically sent to the customer in text form. The invoice will be sent to the customer separately.

2. Benefits and changes to benefits

The services provided correspond to the offer descriptions presented on The Ocean Collective GmbH website and sent with the booking confirmation. Arrival and departure costs are expressly not included in our offers. The execution of the sailing trips is subject to the inherent risks and specific characteristics of water sports.

Participation requirements: The customer confirms that the participant is at least 18 years old at the time of travel, fit to travel and participate in sports, and can swim safely without assistance. The ship's management reserves the right to exclude persons who clearly do not meet these requirements from water-related activities or from the trip for their own safety.

Changes to the itinerary: The ship's command is authorized to make necessary and minor changes to the itinerary due to adverse weather conditions, for nautical reasons, or to ensure safety. In the case of significant changes to the itinerary, the statutory provisions apply.

Cancellation by the organizer: The Ocean Collective GmbH We reserve the right to cancel offers prematurely. This may occur, for example, in the event of the skipper's absence due to illness, limitations due to weather conditions, or other cases of force majeure. The Ocean Collective GmbH The Ocean Collective GmbH reserves the right to cancel the contract up to two weeks before the start of a program if a minimum of two participants is not reached. In the event of cancellation by The Ocean Collective GmbH, we will promptly and fully refund any payments already made. No further claims can be made.

3. Payments, due date and default

The full price of the trip is due before departure. The payment terms are as follows:

Deposit: After receiving the booking confirmation and invoice, a deposit of [amount] is due. 50% of the travel price is due and payable within 14 days Payment is to be made to the account of The Ocean Collective GmbH after the invoice date.

Final payment: The final payment will be due no later than four weeks (28 days) Payment is due before the start of the trip and must be made without further notice. The date of receipt of payment by the [organization name] is decisive for determining whether payment is made on time. The Ocean Collective GmbH.

Payment methods and Stripe: For online bookings, the payment methods listed on the website (e.g., instant bank transfer, credit card) are available. If you choose to pay by credit card, the corresponding amount will be charged immediately upon completion of the booking process. Payment processing is handled by the service provider Stripe Payments Europe Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). We do not store any credit card data; this is processed directly by Stripe.

In case of late payment, there is grounds for termination of the contract and The Ocean Collective GmbH reserves the right to declare the booking invalid.

4. Cancellation policy and compensation

Bookings can be cancelled at any time before the start of the offer. Cancellation must be declared in writing (e.g., by email). If the customer cancels the contract, the The Ocean Collective GmbH the right to the agreed travel price. The Ocean Collective GmbH However, according to § 651h paragraph 1 of the German Civil Code (BGB), the customer can demand reasonable compensation. This compensation is calculated as a percentage of the travel price. The date of receipt of the cancellation notice by the travel agency is decisive. The Ocean Collective GmbH. The flat rates will be set as follows, unless the customer proves that no damage or significantly less damage has occurred:

• Until 90th day Before the start of the trip: 25% of the travel price.
• From the Days 89 to 31 Before the start of the trip: 50% of the travel price.
• From the Day 30 to 15 Before the start of the trip: 75% of the travel price.
• From the Days 14 to 7 Before the start of the trip: 90% of the travel price.
• From the Day 6 before the start of the trip and in case of no-show: 95% of the travel price.

Payments made will be refunded electronically to a bank account in accordance with these terms and conditions. The maximum refund will be the amount paid, and any claim to further services or payments is expressly excluded.

5. Transfer of the contract (substitute participant)

The customer may, up to seven days before the start of the trip, declare that a third party will assume their rights and obligations under the contract. This declaration must be in written form (e.g., by email) to [address/contact information]. The Ocean Collective GmbH. The original and the new participant are jointly and severally liable for the travel price as well as for the additional costs incurred by the entry of the third party (e.g. processing costs for contract amendment). The Ocean Collective GmbH may object to the entry of the third party if they do not meet the contractual travel requirements (e.g., lack of swimming ability) or if legal regulations preclude their participation.

6. Exclusion of the right of withdrawal

According to § 312g paragraph 2 number 9 of the German Civil Code (BGB), there is no right of withdrawal for contracts concerning the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of the service.

7. Liability, obligations and termination by the organizer

Passenger Liability: The passenger is liable to The Ocean Collective GmbH for damages caused by their culpable conduct (intentional or negligent). This applies in particular to damages resulting from disregard of the ship's instructions or improper handling of the vessel. The obligation to pay compensation includes damages to safety equipment, technical systems (e.g., engine, rigging), the interior, and all other components of the vessel and its equipment. Furthermore, the passenger is liable for costs incurred due to the misuse or gross negligence of life-saving devices. This also includes costs for rescue operations (e.g., SAR, recovery) if these are caused by the passenger's gross negligence or by medical emergencies for which they are responsible. The passenger provides The Ocean Collective GmbH The traveler is exempt from third-party claims arising from such conduct. The objection that private liability insurance does not cover the damage does not release the traveler from their personal obligation to pay.

Liability of the organizer: The organizer is liable for damage to personal luggage and equipment. The Ocean Collective GmbH only if these are caused intentionally or through gross negligence.

Late arrival and safety briefing: Participation in the safety briefing held before the start of the trip is mandatory to ensure safety on board. If a passenger arrives late and misses this briefing, this constitutes a breach of contract and endangers the safety of the ship and crew. The Ocean Collective GmbH In this case, The Ocean Collective GmbH is entitled to terminate the travel contract for good cause pursuant to Section 314 of the German Civil Code (BGB) without notice, provided that a subsequent briefing is not possible for operational reasons. The Ocean Collective GmbH retains the right to the travel price in this case.

Exclusion due to misconduct: The The Ocean Collective GmbH The ship's crew is also entitled to exclude participants from further participation in the trip due to gross negligence or disregard of safety instructions (termination for good cause pursuant to Section 314 of the German Civil Code). In this case, there is no entitlement to a refund of the trip price.

Obligation of the traveler (notification of defects): Defects in the travel service must be reported by the customer to the The Ocean Collective GmbH or to notify the local tour guide/ship's command (§ 651o BGB). If the customer culpably fails to report the defects, any claims for price reduction or damages are forfeited.

8. Statute of limitations

Claims by the traveler under Sections 651i Paragraph 3 No. 3, 651k Paragraph 4 and 651n of the German Civil Code (BGB) are subject to a two-year statute of limitations. The limitation period begins on the day the trip was scheduled to end according to the contract.

9. Data protection

All personal data provided for processing this offer is protected against misuse in accordance with the current GDPR data protection regulations. Our full privacy policy is available on the website of The Ocean Collective GmbH provided.

10. Choice of Law

For the contractual relationship between participants and The Ocean Collective GmbH German law applies exclusively. The place of jurisdiction is Hamburg.