1. SCOPE OF APPLICATION
1.1. The following General Terms and Conditions, in their version valid at the time of conclusion of the contract, apply to the business relationship between Ocean Racing GmbH – hereinafter referred to as Ocean Racing – and the customer.
1.2. Customers are defined as legal entities and natural persons with full legal capacity who have reached the age of 18.
1.3. These General Terms and Conditions apply exclusively. Ocean Racing does not recognize any conflicting or deviating terms and conditions of the customer and hereby objects to them. EXCEPTION: Ocean Racing has expressly agreed to their validity in writing.
1.4. Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid due to mandatory legal provisions (due to mandatory provisions of the Consumer Protection Act) or should a gap in the regulations exist, the contracting parties shall agree on a legally valid replacement provision that comes as close as possible to the economic result of the invalid or incomplete provision. The validity of the remaining provisions shall remain unaffected.
1.5. These General Terms and Conditions also apply to all subsequent legal transactions concluded with the customer after the initial transaction.
2. CONCLUSION OF CONTRACT
2.1. All offers from Ocean Racing are non-binding and subject to change. Ocean Racing's offers are understood as an invitation to the customer to submit a binding offer. Information contained in brochures or similar documents, as well as information provided with an offer, illustrations, drawings, descriptions, dimensions, weight, and performance data, are only approximate unless expressly designated as binding. Minor deviations from the offer description are deemed approved and do not affect the fulfillment of the contract, provided the deviation is not unreasonable for the customer.
2.2. A contract between the customer and Ocean Racing is concluded exclusively through written order confirmations (by mail or email) from Ocean Racing.
3. RIGHT OF WITHDRAWAL (Consumer Protection Act)
3.1. The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), acknowledges that, pursuant to Section 3 of the KSchG, they may withdraw from their contractual order or from the contract if they did not submit the contractual declaration in the premises permanently used by Ocean Racing for business purposes, nor at a stand used by Ocean Racing for this purpose at a trade fair or market.
3.2. This withdrawal may be declared until the conclusion of the contract or thereafter, within 14 days.
3.3. The right of withdrawal also applies if Ocean Racing or a third party cooperating with Ocean Racing has brought the customer to premises permanently used by Ocean Racing for business purposes as part of a promotional trip, excursion, or similar event, or by personally approaching the customer on the street.
3.4. The exercise of the right of withdrawal does not require any specific form. However, for evidentiary purposes, written notification is recommended. The withdrawal period is considered met if the notice of withdrawal is sent within the period.
3.5. The customer is not entitled to the right of withdrawal:
– if they themselves initiated the business relationship with Ocean Racing or its representatives for the purpose of concluding this contract;
– if no discussions between the parties or their representatives preceded the conclusion of the contract;
– in the case of contracts subject to the Distance and Off-Premises Sales Act (FAGG); or
– in the case of contractual declarations made by the consumer in the physical absence of the business, unless they were pressured to do so by the business.
3.6. Any cancellation must be sent to the following address:
Ocean Racing GmbH,
Felix-Mottl-Straße 48/1/2,
1190 Vienna, Austria,
Tel.: +43 676 8986 28300,
E-mail: sail@kora-yachts.com
4. RIGHT OF WITHDRAWAL (FAGG)
4.1. Customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG) may withdraw from a distance contract or a distance contract declaration in writing within the periods specified below. It is sufficient if the notice of withdrawal is sent within the period. The withdrawal period is 14 working days, excluding Saturdays. For contracts for the delivery of goods, it begins on the day they are received by the customer; for contracts for the provision of services, it begins on the day the contract is concluded.
4.2. Pursuant to Section 18 Paragraph 1 Item 3 of the Distance Selling Act (FAGG), the customer has no right of withdrawal for distance contracts or contracts concluded off-premises for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
4.3. To exercise the right of withdrawal, the customer must inform Ocean Racing of their decision to withdraw from the contract by means of a clear declaration (e.g., a letter sent by post, fax, or email).
4.4. If the customer cancels this contract, Ocean Racing shall reimburse the customer for all payments received from the customer without undue delay and at the latest within 14 days from the date on which Ocean Racing received notification of the cancellation. Ocean Racing will use the same means of payment that the customer used for the original transaction for this reimbursement, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this reimbursement.
5. PRICE / PAYMENT TERMS
5.1. Unless expressly stated otherwise, all prices quoted by Ocean Racing are net prices plus VAT.
5.2. In the event of subsequent changes to the scope of services or resulting additional costs, Ocean Racing is entitled to charge the customer for the corresponding additional costs.
5.3. Upon confirmation of the booking, the customer must transfer the agreed total price to Ocean Racing's account within 7 days of receiving the corresponding invoice.
6. CANCELLATION FEES
6.1. If the customer cancels the contract outside of the applicable cancellation options under the Austrian Consumer Protection Act (KSchG) and/or the Austrian Distance Selling Act (FAGG), Ocean Racing is entitled to retain the following cancellation fees, which are tiered according to time: - for cancellations up to 12 weeks before the start of the service: 50% of the total amount - for cancellations within the last 12 weeks before the start of the service: 90% of the total amount
7. RIGHT OF WITHDRAWAL OF OCEAN RACING GMBH
7.1. If a minimum number of participants is required for a cruise offered by Ocean Racing, Ocean Racing is entitled to withdraw from the contract up to 8 weeks before the start of the service if this minimum number is not reached. In such a case, Ocean Racing will immediately offer the customer an equivalent alternative trip, which the customer can accept without additional payment. If the customer rejects the alternative offer for any reason whatsoever, Ocean Racing will refund the customer all payments made up to that point. The customer has no further claims.
7.2. Ocean Racing reserves the right to terminate the contract with the customer or the performance of the service immediately if the customer persistently disrupts the performance of the service (sports-oriented cruise) despite a warning. In such a case, the customer will not be reimbursed any costs. Any additional costs for return transportation must be borne by the customer.
8. SCOPE OF SERVICES
8.1. The service owed is defined in the contract concluded with the customer.
8.2. The offered sea voyages take place on chartered or company-owned boats.
8.3. Ocean Racing operates as a charter company and offers only charter services. Unless otherwise agreed in writing, the scope of services includes accommodation in a berth, the provision of a qualified skipper, sporting activities in the form of recreational sailing, yacht insurance, and costs for fuel, port fees, and provisions on board. The customer is responsible for their own travel to and from the departure and arrival ports, as well as for their own meals during any shore excursions.
8.4. Ocean Racing expressly reserves the right to make necessary changes to the advertised yacht while maintaining the same standard (e.g., in the event of technical defects on the originally planned yacht).
8.5. If destinations are listed in the itinerary, these are merely examples unless expressly agreed upon as binding. The decisive factor is the advertised local area in which the sailing yacht or motorboat is to be located.
8.6. The customer acknowledges that sailing takes place outdoors and on the high seas. The services to be provided by Ocean Racing are therefore considered performed even if a planned route has to be changed due to persistent bad weather, the general safety situation in the planned area, or technical reasons; the same applies if the yacht cannot set sail for such reasons and must remain in port, or if the customer is unable to commence the trip or must depart prematurely due to illness. This exclusion of liability does not apply to cases of gross negligence or intent attributable to Ocean Racing.
9. LIABILITY
9.1. If the customer is a consumer, liability for slight negligence is limited to the foreseeable, typical, direct average damage according to the nature of the service. This also applies in cases of slight negligence in the performance of duties by employees, workers, representatives or agents.
9.2. If the customer is a business, a legal entity under public law, or a special fund under public law, claims for damages are excluded regardless of the type of breach of duty, including tortious acts, unless the damage was caused intentionally or by gross negligence. In the event of a breach of essential contractual obligations, Ocean Racing is liable for any negligence, but only up to the amount of foreseeable damages. Claims for lost profits, saved expenses, claims arising from third-party claims for damages, as well as other indirect and consequential damages, cannot be asserted.
9.3. We assume no liability for damage caused by improper use or normal wear and tear. The user undertakes to treat the yachts and their equipment with care. Damage to property – even if caused negligently – will be repaired at the expense of the responsible party.
9.4. To the extent that liability is excluded or limited, this also applies to employees, agents, and vicarious agents.
9.5. The limitations and exclusions of liability do not apply to claims arising from fraudulent conduct, liability for guaranteed characteristics, claims under the Product Liability Act, or damages resulting from injury to life, body, or health.
9.6. With respect to business customers, Ocean Racing's liability for damages is limited to the maximum amount of its existing liability insurance.
9.7. Claims for damages by business customers must be asserted in court within 6 months, otherwise they will be forfeited. The statutory provisions apply to consumers.
9.8. This exclusion of liability also extends to claims against employees and/or agents of Ocean Racing.
10. CUSTOMER DECLARATION
10.1. The customer is not merely a passenger but also part of the crew in the context of the recreational sailing activity and must strictly follow the instructions of the skipper.
10.2. The customer confirms being in the physical condition to participate in the demanding recreational sailing activity. The customer is obligated to have their physical fitness checked by a doctor if necessary.
10.3. Unless Ocean Racing receives information to the contrary from the customer, Ocean Racing may assume that the customer is physically healthy and able to swim.
11. DATA PROTECTION
11.1. By concluding this contract, the customer consents to the collection, processing, and use of their personal data by Ocean Racing, insofar as this data is necessary for the provision of the agreed services.
11.2. Ocean Racing will not sell, exchange, or otherwise use the customer's personal data and information without authorization. Ocean Racing will not disclose customer personal data to third parties unless the customer has given their consent or Ocean Racing is legally obligated to disclose the data.
11.3. The customer has the right to request information at any time about the data stored about them by Ocean Racing and any recipients of this data. This information is provided free of charge and is generally sent by email; in exceptional cases (if the customer has no means of receiving emails), it will be provided in writing. The request for information must be submitted to Ocean Racing in writing, signed by hand, and accompanied by a copy of the customer's identity card or proof of authorization to represent a legal entity.
11.4. Within the framework of legal regulations, the customer has the right to request the correction or deletion of their stored data at any time. An email containing the following information is sufficient for this purpose:
the customer's name/company name, date of birth/company registration number, email address, and the customer or booking number of the last booking.
The customer acknowledges that, according to the current state of technology, comprehensive data protection is not yet guaranteed for data transmissions on the internet. In particular, emails do not constitute secure communication, as the interception of content cannot be technically ruled out. The customer is therefore responsible for the security of the data they transmit to Ocean Racing.
12. JURISDICTION / APPLICABLE LAW
12.1. Austrian law shall apply exclusively to any contractual relationship with the customer, excluding its conflict of laws rules.
12.2. For disputes arising from or in connection with this contract, the jurisdiction of the court with subject-matter jurisdiction for 1190 Vienna is agreed upon, to the extent legally permissible.
13. OTHER AGREEMENTS
13.1. The skipper is responsible for the vessel and the customers. The customer is expected to follow the skipper's instructions.
