Travel, charter and sailing conditions
1. Registration / booking The registration / booking is a binding offer that you make to MARA1ONE-Yachting (R+M Ebert eGbR), hereinafter referred to as MARA1ONE, to conclude the travel or charter contract, including the terms of payment. The registration/booking is made by the person(s) making the registration/booking also for all participants named by telephone, fax, e-mail or in writing on the pre-printed registration form. The travel / charter contract becomes legally binding with the acceptance of the registration / booking and the written confirmation by MARA1ONE. The person registering / booking also recognizes these travel conditions in the name and on behalf of the other participants. Special requests and additional agreements are only valid if they are confirmed in writing by MARA1ONE.
2. Payment A deposit on the travel / charter price is due upon conclusion of the contract. The final payment is due before the start of the trip / charter. The amounts of the deposit, final payment and payment deadlines are specified in the respective trip description and booking confirmation. For bookings made at short notice, the full travel price must be transferred immediately. In the event of non-compliance with the terms of payment, MARA1ONE is entitled to refuse to fulfill the services and to claim damages in accordance with #8 of these conditions. Without full payment of the total cost amount before the start of the trip / charter, MARA1ONE has no claim to the contractual service.
3. Warranties If the tour is defective within the meaning of Section 651 c (1) BGB, the tour price shall be reduced for the duration of the defect. The traveler is obliged to inform the local tour guide immediately of any complaints. The latter shall be instructed to take remedial action if this is possible. If the traveler culpably fails to report a defect, there is no entitlement to a reduction. If the trip is significantly impaired as a result of a defect, you may terminate the contract. Cancellation is only permitted if the tour operator has allowed a period of 48 hours to elapse without taking remedial action. You must assert claims with the tour operator within one month of the contractually agreed end of the trip. The claims expire 6 months after the contractual end of the trip. Irrespective of the reduction or termination, you may demand compensation for non-performance, unless the defect in the trip is due to a circumstance for which the tour operator is not responsible or which is unavoidable due to the nature of the trip / cruise. The maximum amount of compensation is limited to the amount of the tour price.
4. Liability and limitations of liability MARA1ONE is liable within the scope of the duty of care of a prudent businessman for the conscientious preparation of the trip, the careful selection and monitoring of the service providers, the correctness of the service description and the proper provision of the contractually agreed service. The tour operator's contractual liability for damages is limited to the tour price. The tour operator is not liable for service disruptions in connection with services which are merely arranged as third-party services (e.g. shore excursions, diving etc.) or which are expressly identified as third-party services in the tour description. The tour operator is not liable if civil unrest, war, natural disasters or force majeure lead to the trip being canceled after the start of the trip.
5. External organizers – intermediaries: MARA1ONE acts only as a travel agent for trips/charters organized by external organizers. Despite careful and conscientious selection, MARA1ONE assumes no liability for the execution of the trips/charters. The respective conditions of the organizers apply and you will receive these with the booking confirmation/charter contract.
6. Travel formalities, health requirements: The tour operator is responsible for informing citizens of the country in which the tour is offered about passport, visa and health regulations and any changes to them before the start of the trip. For citizens of other countries, the relevant consulate will provide information. MARA1ONE is not liable for the timely issue and access of necessary visas by the respective diplomatic representation, even if you have commissioned MARA1ONE to obtain them. If entry regulations are not complied with or local laws are not observed, the organizer can charge you with corresponding cancellation fees if this disrupts the course of the trip, and can also claim compensation. The offered trips are active trips. You are responsible for ensuring that you meet the health requirements. Find out about infection and vaccination protection as well as necessary prophylactic measures and, if necessary, seek medical advice. Non-swimmers must wear a life jacket when traveling on the deck during sea voyages. For your own safety, the captain must be informed before the start of the trip about any allergies or chronic illnesses that could pose an acute risk. As a general rule, the captain's instructions must be followed.
7.Withdrawal and termination by the organizer: If the trip cannot take place due to economic infeasibility, serious technical problems, accidents, force majeure, natural disasters, war or civil unrest, MARA1ONE can withdraw from the contract at any time before the start of the trip. Payments made for services to be provided by the tour operator will be refunded. MARA1ONE is not liable for cancellation fees for pre-/post-programs or additional services booked with other s ervice providers. After the start of the trip, the tour operator can terminate the travel contract without notice if the traveler persistently disrupts the trip or behaves in a manner contrary to the contract despite warnings. In the event of termination, MARA1ONE will be represented by the respective tour guide or partner on site. If the tour operator terminates the contract for these reasons, it retains the right to the tour price. Further claims against the tour operator cannot be made.
8. Withdrawal by the traveler: You can withdraw at any time before the start of the trip. The date of receipt of the declaration of withdrawal by MARA1ONE is decisive. We recommend declaring the withdrawal in writing. In the event of your cancellation, MARA1ONE can demand compensation from the travel price for the travel arrangements already made: up to the 90th day before departure 40%, from the 89th to the 50th day before departure 50%, from the 49th day before departure 100% of the travel price. In the event of a no-show, the full travel price may be charged if the organizer is unable to obtain a refund from the service providers. Up until the start of the trip, the traveler may request that a third party take over the rights and obligations arising from the travel contract instead of them. The tour operator may object to the third party's entry if the third party does not meet the special travel requirements or if their participation is contrary to legal or official orders. We charge a flat processing fee of €150.00 for this. For brokered contracts (charters, berth charters, etc.), the terms and conditions of the respective organizer apply. We strongly recommend taking out travel cancellation/interruption insurance.
9. Insurance: The yachts we use are covered by liability and comprehensive insurance. The skippers have professional liability insurance. We recommend that you take out travel cancellation, travel health, travel accident and baggage insurance.
10. Services, changes in services, price changes The scope of the contractual services is set out in the program and service description, as well as the booking confirmation / charter contract. Any ancillary agreements require written confirmation. Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the contract has been concluded, are permitted, provided that the changes or deviations do not affect the overall nature of the booked trip. The organizer reserves the right to change the advertised prices confirmed at the time of booking in the event of an increase in charges for certain services, such as port or license fees, or a change in the applicable exchange rates, to the extent that the increase in these charges per participant affects the travel price. Should this occur, the traveler may withdraw from the contract without cancellation fees. Changes to the itinerary, in particular the call at unplanned ports for check-in or check-out due to weather phenomena, force majeure or average, may occur on this type of voyage and do not entitle the traveler to further claims against the organizer. Should for any reason the port of embarkation or disembarkation not be accessible on time, MARA1ONE will assist in booking hotels or alternative transportation/transfers. The costs for this are to be borne by the participant. Further claims against MARA1ONE due to missed flights or other appointments are excluded.
11. Place of Jurisdiction The organizer can only be sued at his place of business. For complaints by the organizer against the traveler, the traveler's place of residence is decisive, unless the complaint is against registered traders or persons who have no general place of jurisdiction in Germany, or against persons who have moved their domicile or usual place of residence abroad after the conclusion of the contract, or whose domicile or usual place of residence is not known at the time the complaint is filed. In these cases, the registered office of the tour operator is decisive.
12. Final Clauses/Severability Clause Should any of the clauses of this contract be or become ineffective, void or voidable, the effectiveness of the remaining clauses shall not be affected. The parties
shall replace the ineffective/void clause with a clause that most closely approximates the purpose of the ineffective/void clause.
As of February 2025