TERMS AND CONDITIONS
All “Cloud Nine Sailing” services provided by Shipwrite GmbH are subject to the following terms and conditions.
Shipwrite GmbH, trading as Cloud Nine Sailing
Any person, firm, company or organisation to whom Shipwrite contracts to supply services.
Goods, services and any information or advice supplied or provided to the Client by Shipwrite.
An agreement between Shipwrite and the Client to provide the Work at the agreed time and price.
These terms and conditions apply to all contracts between Shipwrite and the Client insofar as no other express agreement is either reached between the two parties or stipulated in law.
Any other conditions or variation to these conditions are only binding upon Shipwrite if they have been expressly acknowledged as such by us.
All clients must provide Shipwrite with their full name, address, e-mail address and a contact number (ideally mobile phone).
All dinghy sailing clients must be able to swim well enough to stay with the boat in the event of a capsize. Yachting clients must inform the skipper in advance if they cannot swim and will be required to wear a lifejacket at all times while under way.
Unless otherwise agreed, the minimum age for learning to sail with Shipwrite is 13, unless accompanied by a responsible adult/parent (on land in the case of dinghy sailing), in which case the minimum age is 8.
We reserve the right to cancel without refund if we find these conditions have not been met.
As soon as the invoice has been issued, a contract exists between us. At this point Shipwrite is obliged to deliver the Work and the Client is obliged to pay for the Work.
Unless otherwise agreed, payment is required in advance and no Work will be provided until payment in full has been received.
Payment can be made by invoice/paying-in slip, bank transfer, EC card or credit card. Credit card payments shall be subject to a 2.5% surcharge.
In addition to the agreed payment, Shipwrite is entitled to reimbursement for actual expenditure incurred where this expenditure has been agreed with the Client.
A charge of CHF 50.00 will be added to any reminders that need to be sent. Shipwrite reserves the right to suspend any Work in the event of late payment or non-payment.
Bareboat charter terms
The person in charge of SY Cloud Nine during the Charter (the skipper) must be qualified to RYA Coastal Skipper level or have equivalent experience. If nobody in the party is qualified to this level, the Client will need to book a skipper in addition to the Charter price, unless otherwise agreed in writing.
The Client must take over and hand back SY Cloud Nine at the agreed ports at the agreed times.
The Client is required to comply with Greek laws relating to putting to sea, fishing and all other laws that may affect the Charter. In particular, charter yachts are not permitted to put to sea if winds of force 6 or higher are forecast. The Client will be held fully liable for any damages suffered in the event of failure to comply with these laws. Inclement weather that precludes putting to sea will not be deemed grounds for a refund. For day charters, Cloud Nine Sailing will make every reasonable effort to reschedule if the forecast is for a gale.
The Client must notify Cloud Nine Sailing’s local agent without delay in the event of damage or breakdown to the vessel. Cloud Nine Sailing will make every reasonable effort to have repairs carried out during the charter period if the problem precludes operation of the vessel. No compensation will be due for delays caused or sailing days lost as a result.
We reserve the right to cancel the booking or immediately terminate the Charter without refund if we find these conditions have not been met.
No refunds will be given or payments waived for cancellations by the Client or those necessitated by circumstances beyond our control (e.g. Client changes their mind, lack of wind). For trips to Greece, we require you to hold adequate travel insurance, including cancellation cover, as we incur costs on your behalf which we cannot recover.
If Shipwrite is obliged to cancel a booking, best efforts will be made to reschedule at a convenient time. For any bookings for which a deposit is taken to secure your place, the deposit is non-refundable.
Sailing is, by definition, a weather-dependent activity. We are unable to sail in a dead calm, insufficient visibility, excessive heat or cold, or stormy weather. We are not fair-weather sailors but we consider ourselves bound by a duty of care.
Any complaints must be notified to Shipwrite in writing by the Client within 7 calendar days. If no complaints are received within this period, the Work shall be deemed to have been accepted.
All activities are undertaken by the Client at their own risk. Clients are required to sign a waiver form to declare their understanding of this.
Shipwrite accepts no liability for harm or losses sustained if our advice and/or instructions are ignored, or while the Client is under the influence of alcohol or drugs of any type.
Clients are liable for all damage to and/or loss of assets belonging to Shipwrite, Cloud Nine Sailing and/or its partners that are entrusted to their care. The Client shall be liable for any consequences of late return of SY Cloud Nine to the agreed end port.
The liability of Shipwrite shall in all cases be limited to the value of the order. Under no circumstances can Shipwrite be held liable for consequential damages, including those resulting from reliance by the Client on the Work.
Shipwrite accepts no liability for the consequences of any delay in delivery of the Work caused by the Client.
Shipwrite accepts no liability for any changes made to the Work after delivery by Shipwrite.
Shipwrite shall only accept liability in the event of gross negligence and intent. Liability in cases of ordinary negligence shall be limited to the infringement of material contractual obligations.
In the event of Force Majeure (i.e. fire, storm, tempest, flood or any other natural disaster, industrial dispute, civil commotion, acts of war or terrorism and any other situation which can be shown to have materially affected Shipwrite’s ability to deliver the Work as agreed) then Shipwrite shall notify the Client of the circumstances which shall entitle both Shipwrite and the Client to withdraw from the contract for the Work and the Client shall pay Shipwrite for any completed Work.
Unless otherwise agreed, Shipwrite may cite the Client as a reference.
The Client agrees that any photos taken by Shipwrite may be used for promotional purposes.
The Contract and the Work are subject to Swiss law in the Canton of Graubünden.