1- General – Inherent dangers of sailing

For millennia, the practice of navigation has been one of the riskiest human activities (not to mention Ulysses’ odyssey).
Nowadays, because of our technology, the risks related to navigation are only a part of the risks initially carried. However, even if technology has made immense progress, the practice of cruising sailing, even on a restricted perimeter and on a modern boat, or even in port, remains an activity which is not without risk.

Sailing cruising, even on a cruising catamaran, remains a sport, which implies a minimum physical condition of the participants and accepted risks. The client accepts in full awareness the risks of damage to property and persons – which may even lead to death – on his person, the members of the group for which he is booking, and he is invited to have personal insurance cover in order to limit the potential consequences should these risks materialise.

The exposure to the environment and the human resources are in no way comparable to a hotel or a cruise on an ocean liner. Also, the likelihood of an accident, human error or an unsecured environment is much higher than usual. This risk is accepted and borne by the client. We (the rental company CruisingCata MCPY, represented under the sailingbaleine brand, and the skipper / rental agent Pierre Magnard) take no responsibility for anything, except for proven gross negligence on our part. And it cannot be deduced common or shared fault, CruisingCata MCPY and Pierre Magnard being 2 different entities.

CruisingCata and / or the Skipper or his representative cannot give a guarantee of good performance, or transport.

Except for serious misconduct, no liability can be incurred.
If liability is incurred, then this cover is limited by the rental price or the amounts covered by the company’s insurance for the boat, if the insurance supports it. Under no circumstances may these amounts be exceeded.

• In the event of material damage, following a serious fault, the coverage of damage and interest is limited to the price of the rental of the boat alone (excluding the skipper). This coverage is not cumulative.
• In the event of physical damage, as a result of gross negligence, our coverage of damage and interest is limited to the amount covered by our insurance. This coverage is not cumulative.

 

2- Reservation

2-1 general
As part of the reservation, we undertake to do our best to carry out the service on time and under the conditions provided.
We cannot give a guarantee of good execution.

We cannot be held responsible, nor liable for damages, due to the non-completion of a rental, for any reason whatsoever.
In the event of non-performance of the rental by us (for example: boat is not in a state of navigation, or the skipper is unavailable, e.g. sick), our responsibility is limited to the reimbursement of the amount of the price paid for the rental. This amount may under no circumstances be exceeded.

2-2 technical or human unavailability
In case of unavailability of the boat, for technical fault, or other non-presence of the boat and or the skipper, due to navigation / weather hazards, (for example the boat cannot complete its previous turn due to the weather) :

• If the technical defect, or the availability of the boat, or the physical presence of the skipper – or his replacement – can a priori be restored very quickly (less than 24 hours), then there is no need for reimbursement or compensation or interest.
• If the technical defect, or the availability of the boat, or the physical presence of the skipper – or his replacement – can a priori be restored quickly (less than 3 days), then we will reimburse the rental price on a pro rata basis. No other compensation or interest will be taken into account.
• In the event of foreseeable non-recovery (more than 3 days), then it is possible for the client – as for us – to cancel the entire rental and we will refund the entire rental price paid. No other compensation or interest will be taken into account.
• We reserve the right to provide a boat of equivalent size (e.g. 40 feet for 42 feet). Such a change will not give rise to any prejudice, reimbursement or compensation or interest

If the technical defect relates to the crew or the cook, then only the amount of the price linked to the crew/cook will be reimbursed pro rata temporis less one day, if this amount has been paid to the company or to Pierre Magnard. No other damage can be taken into account for this defect.

2-3 unavailability due to weather or sea state
In case of weather / sea not allowing navigation (decided by the skipper),
then there is no refund or compensation or interest, whatever the duration of the situation, and if the weather situation is at the beginning, end or in the middle of the rental.

2-4 Payment in advance – installments
In case of cancellation up to 6 months in advance, we will retain 50% of the rental price.
In case of cancellation up to 3 months in advance, we will retain 75% of the rental price.
After 3 months, any advance payment is final.
A reservation which is not confirmed by a bank payment within 5 working days after the written confirmation, is not considered valid or binding on us contractually.

In the event of an error on our part, the amounts paid will be returned.
Under no circumstances can a reservation entitle you to compensation beyond the rental price.
All reservations must be fully paid for before boarding.

2-5 Deposit
At the start of the rental, a deposit will be requested to cover any damage caused by the customer on the boat, but also the consumption of petrol, gas, or food / drink, in order to supply the boat for its rental.
If necessary, this deposit will be returned, minus the estimated amount of consumption and damage caused.
No damage or interest can be linked to the deposit or its loss, partial or total.

2-6 Others
Rental is from Saturday 17:00 to Saturday 9:00 a.m. De facto, the boat must return to the home port on Friday evening, in order to be able to return the boat on Saturday morning.

Current VAT in Greece is 12% valid to this date and subject to change without prior notice or responsibility. Should any changes in applicable VAT tax take place then the difference will be credited or debited to the Charterer accordingly.

The Charter Fees include:

• The right to use the designated boat type along with its inventory
• All taxes & VAT (currently 12%)
• Insurance (yacht’s hull and machinery, Third party liability and sea pollution)
• Port fees for the day of embarkattion and disembarkation (port of call).

The Charter Fees do not include:

• Any costs incurred during the sailing trip such as water and fuel consumption, provisions, port fees, food and Beverages.
• Optional exrtas (upon request) such as local skipper, cook, paddel, …
• End cleaning (obligatory and payable in cash upon embarkation)

Payment on account of the company reconfirms that the client has read and agred to the terms and conditions.

3- Reminder of specific risks

In case of minors on board, the responsibility is that of the parents, and in no way that of CruisingCata, nor that of the skipper / crew / professional cook (s) on board (s).

In particular, anyone who cannot swim must imperatively inform the skipper, and must wear a life jacket, mainly on deck, or around the boat, under their own responsibility or that of their parents, without the skipper or CruisingCata need to remind him. The responsibility of the Skipper of Pierre Magnard or CruisingCata cannot be engaged.

In general, it is the responsibility of each person to wear a lifejacket or not, in all circumstances, without the skipper needing to remind them or initiate the wearing of the lifejacket and/or harness.
At no time does the skipper or the representative of Cruising Cata or Pierre Magnard have the function of lifeguard, rescuer, dive-master, or babysitter.
If scuba tanks are used, they are at the user’s own risk. In this case, the skipper, Pierre Magnard or CruisingCata cannot be held liable, even for serious misconduct.

By way of example and reminder, and without limitation, the specific risks are:

• in the boat, while sailing – whether under sail or motor -, in port, at anchor, when going from the boat to the quay, while moving on the quay or in a port, on the dinghy of the boat.
• under the action of the wind, the sea, the sun, the fatigue of the bindings, mechanical or not, or the inadvertence of the skipper.
• in the water (risk of bottoms, hydrocution, marine animals, etc.), and around the propellers,
• due to pitching or one wave being larger than another or hitting a rock or dock.
• due to the limited space and in particular the kitchen which is in the middle of a passageway (with the risk of knives, hot water, hot plates, ovens, washing products, etc.),
• …

4 data damage

We cannot be held responsible or liable for damages due to the disclosure of your data.

5-Skipper

5-1 General
It is not possible to rent the boat without the presence on board of a competent skipper with a valid license. This skipper can be the customer himself, or organized by CruisingCata and/or Pierre Magnard. In the case of a request for a professional skipper / cook / crew: CruisingCata and/or Pierre Magnard propose one (or more) person(s). The customer is free to refuse the proposed person. Either he proposes himself a person with a valid sailing license for the planned navigation area.
If the skipper / cook / crew is accepted, then a contract between the client and the skipper / cook / crew is made, without any intervention on the part of CruisingCata or Pierre Magnard (except of course Pierre Magnard himself and alone if the skipper is Pierre Magnard himself), and without any taking of interest or responsibility on the part of CruisingCata or Pierre Magnard (except of course if the skipper is Pierre Magnard himself, but even in this case the responsibility of Cruisingcata is not involved).

The general conditions concerning the option of the skipper (and or the cook/crew) (price per day and need for the meal, drink and its own cabin) only recall the general conditions of the market. They in no way create a hierarchical link between the person proposed and Cruisingcata Pierre Magnard, or the skipper on board.

Following unavailability, a Skipper / Cook / Crew may need to be replaced. Such a change does not give rise to any prejudice, reimbursement or compensation. This new skipper / crew / cook follows the same selection procedure. The benefit is not linked to the person.

Only skippers with a valid sailing license suitable for the navigation area will be offered. But it is the customer’s responsibility to check whether the skipper/cook/crew meets their expectations, and is able to fulfill their duties on board. For example, a skipper cannot perform his duties as skipper if he is under the influence of alcohol or drugs, exceeding the authorized level in the area.
At no time can the skipper/cook/crew be considered an employee or subcontractor of CruisingCata one of its suppliers or of Pierre Magnard. The skipper/cook/crew acts in his own name, under his own responsibility, on his own invoice, at his own expense, and at his own risk. He is in direct contact with the customer, without CruisingCata or Pierre Magnard intervening other than in the proposal of a person. No compensation or interest following the action of the skipper / cook / crew hired by the client will be recognized.

If a serious fault of the skipper/crew/cook is proven, in no case does this give rise to liability or fault on the part of CruisingCata or Pierre Magnard (as agent or skipper).

5-2 – Skipper’s responsibility / Customer acceptance
By accepting the “General Terms and conditions Sailing ” the client confirms that he is aware that sailing is a dangerous activity, which can cause damage to possessions and / or people. In many ways, sailing is not a safe environment, whether on board the boat, or around the boat (e.g. in port, when embarking or disembarking, on board the dinghy, under sail , motor, anchor, …). The customer declares that he – and the people for whom he is making a reservation – are physically fit enough to embark on board and join the trip as a crew member, with the crew present on board for the planned trip and with a qualified skipper – organized by the customer himself, by CruisingCata or by one of its suppliers, or whether it is the Skipper Pierre Magnard.

The skipper has the duty to seek to preserve by all means the life of the crew and the boat. However, any crew member – i.e. the customer himself in his capacity as skipper or in his capacity as crew member, but also the people for whom he organizes the reservation – must take responsibility and must behave at all times in such a way as not to not endanger his life, or that of another crew member, or compromise the smooth running of the boat. In particular, it is strictly forbidden:
• To consume alcoholic beverages on board when the boat is on the move,
• To smoke inside the boat,
• Carrying illegal materials or substances, or having a weapon on board.

CuisingCata MCPY and skipper Pierre Magnard confirm that the boat is equipped in accordance with local legislation and expected use, and that the boat is insured. The client is advised to ask the skipper to carry out a safety briefing on the occasion of the first boarding. A life jacket will be available and in sufficient number for all crew members. All crew members are advised to wear safety equipment at all times. However, it is the personal responsibility of each team member – the customer himself as well as the people for whom he organizes the reservation – to do so.

It is inherent in the nature of the skipper / crew relationship, that the skipper – whether Pierre Magnard, a skipper organized by CruisingCata or one of its suppliers or that the skipper is directly organized by the client, even if he acts of the customer himself as skipper – must exercise a certain authority in order to ensure the safety of the crew and the boat. The crew – i.e. the client and the people for whom the reservation is organized – accept and respect the decisions of the skipper. The crew member understands and accepts that by refusing to submit to the skipper’s orders, due to his behavior towards other crew members, or due to his inability to carry out the assigned tasks, he could – at the discretion of the skipper – , jeopardize the smooth running and safety of the boat and its crew, which could put the skipper under the obligation to disembark at the first opportunity.
If the crew member has to leave the boat, for any reason whatsoever, at a port or at any other place or time different from those previously agreed, it is clear that the crew member is responsible for the additional cost incurred and his own repatriation. . CruisingCata, the skipper Pierre Magnard or a supplier of CruisingCata cannot be held responsible for this, individually or collectively.

A passage has a departure point and an expected arrival at a final destination. However, there can be no guarantee that the boat and its crew will complete this journey successfully and within the time allowed. Any team member – i.e. the Customer and the people for whom he is making the reservation – when boarding, ensures that he is able by himself – if necessary – to have the means to repatriate at his own expense. It is the responsibility of the skipper to decide, taking into account the weather and sea conditions, and in relation to the boat and its crew, whether the boat goes to sea or remains in port or at anchor, or whether the boat puts a course to reach a different port than originally planned, or if a call for help to the authorities must be made, or if due to a call for help, the planned route must be diverted / delayed. There is no compensation from the skipper – Pierre Magnard or by CruisingCata MCPY or by a CruisingCata supplier – in the event of an unforeseen event.

All crew members are asked to participate according to their abilities in all aspects of life on board, whether for navigation watch, domestic tasks (cleaning and / or cooking, etc.), maneuvering assistance, or assistance in carrying out repairs or maintenance. It is an obligation that is shared by everyone on board. A good crew member actively seeks out ways they can help. However, the skipper must be informed prior to any action.

5-3 Special case: Skipper Pierre Magnard
Pierre Magnard is skipper on board the boat during certain periods.
In the event of impediment on his part, CruisingCata may propose another skipper with a valid sailing license for the planned navigation area, who may take his place, without this giving him a claim, damages or cancellation of reservation.

6- Others

By making a rental request, the customer is obliged to read these general sailing conditions and to accept them.

The general sailing conditions have been established in French, and translated into English and German. Only the general conditions in French are applicable.
If a clause or a paragraph was not recognized as valid, the closest interpretation will be applied.
The numberings are only a reading aid and do not follow a hierarchy of priorities or importance.

The court of Vienna and Austrian law are applicable.

To contact us:
Cruising Cata MCPY
77 km Athens Sounio Av.
Lavrio, 19500, Greece
Or
Pierre Magnard
Viktor Adler Strasse 57,
2345 Brunn am Gebirge – Austria

Par Email:
cockpit@sailingbaleine.com