Terms and conditions
I. General
1. Scope of application
The following General Terms and Conditions (hereinafter “GTC”) apply to contracts between YachtingGate GmbH, represented by its Managing Director Steffen Kluike, Finkenweg 23, 24340 Eckernförde, Phone: +49 (0)4351 8845125, Email: info@yachtinggate.com (hereinafter “YG”) and its customers (consumers and entrepreneurs).
2. Definitions
2.1. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity, Section 13 German Civil Code (BGB).
2.2. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity, Section 14 BGB.
3. Priority of individual agreements; contract conclusion only on the basis of the YachtingGate GTC
3.1. Individual contractual agreements shall always take precedence over these General Terms and Conditions.
3.2. Conflicting terms and conditions of the customer who is an entrepreneur, or terms deviating from or supplementing these GTC, are not recognized.
3.3. Offers made by YG to entrepreneurs are always subject to change and non-binding. To consumers, only if this is expressly marked in the offer as “subject to change” or “non-binding”. For binding offers, the binding period is 4 weeks from the date of the offer, unless a different period is stated in the offer. 3.4 The customer’s confirmation of the offer to YG is non-binding and does not result in the conclusion of a contract. A contract between YG and the customer is concluded only upon YG’s binding order confirmation following the customer’s confirmation, but at the latest upon performance of the contract. 3.5 If the customer is a consumer, the performance periods stated in the contract shall only begin after the right of withdrawal has expired and shall be extended by the corresponding period (see Section II).
4. Contract language; precedence of the German-language version of the GTC; form requirement
4.1. The contract language is German.
4.2. If the German-language version of the GTC has been translated into another language, the German-language version of the GTC shall take precedence over versions in other languages in the event of inconsistencies.
4.3. Text form applies to the conclusion of the contract, ancillary agreements, amendments, supplements or other declarations. This also applies to an amendment of this clause. Oral declarations shall be disregarded.
5. Price increases
For goods or services that are to be delivered or performed later than four months after conclusion of the contract, YG is entitled to reasonably increase the agreed prices in order to take into account any cost increases incurred in the meantime on YG’s side for in-house or third-party services.
6. Set-off, right of retention
The customer is only entitled to set-off or to assert a right of retention insofar as the counterclaim is undisputed or has been finally adjudicated.
7. Liability
Claims for damages by the customer are excluded. This shall not apply insofar as YG is liable under mandatory statutory provisions (e.g. under the Product Liability Act), in cases of intent, gross negligence, for injury to life, body or health, or for breach of essential contractual obligations (i.e. obligations which YG must provide to the customer according to the content and purpose of the contract or the fulfillment of which makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies and may rely). A claim for damages due to a slightly negligent breach of essential contractual obligations is limited to the typical, foreseeable damage.
8. Choice of law, jurisdiction, place of performance
8.1. Choice of law German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Pursuant to Art. 6 (2) of Regulation (EC) No. 593/2008 (“Rome I”), this choice of law agreement does not have the effect of depriving a consumer of the protection afforded to them by mandatory consumer law of the state in which they have their habitual residence, provided that YG pursues its commercial or professional activities in that state or directs such activities in any way to that state or to several states including that state, and the contract falls within the scope of such activities.
8.2. With regard to entrepreneurs, the place of jurisdiction shall be agreed to be YG’s registered office. If the consumer customer has no general place of jurisdiction in the Federal Republic of Germany at the time the contract is concluded, or if the consumer customer relocates their place of residence or habitual abode outside the territorial scope of the German Civil Code after conclusion of the contract, or if their place of residence or habitual abode is unknown at the time legal action is brought, the place of jurisdiction shall be agreed to be YG’s registered office.
8.3. The place of performance is YG’s registered office.
II. Right of withdrawal for consumers
Consumers are entitled to a right of withdrawal in certain cases regulated by law. In this case, we will provide separate instructions. Entrepreneur customers are not granted any voluntary right of withdrawal.
III. Terms of sale and delivery
1. Scope of application / reference
Insofar as goods are delivered, the following provisions shall apply in addition to Sections I, II, IX of these GTC.
2. Delivery
YG delivers ex works/warehouse (EXW Incoterms® 2020) to the address specified by the customer in Germany. If the customer is an entrepreneur, the risk shall pass to the customer upon handover of the goods to the carrier or, in the case of collection by the customer, when the goods are ready for dispatch.
3. Prices, payment terms
3.1. All prices are exclusive of packaging and shipping costs.
3.2. Payments are due immediately and without deduction upon receipt of the invoice, unless otherwise agreed or different payment terms are stated on the invoice.
4. Retention of title
4.1. The delivered goods shall remain the property of YG until full payment has been made (hereinafter: goods subject to retention of title).
4.2. If the customer is an entrepreneur, the following shall additionally apply:
- The delivered goods shall remain the property of YG until all claims of YG against the customer have been satisfied, even if the individual goods have been paid for.
- The entrepreneur customer is entitled to resell the goods subject to retention of title to third parties in the ordinary course of business, provided it is ensured that payment is made to YG and that ownership does not pass to the third party until the third party has fulfilled its payment obligations.
- The entrepreneur customer may in turn resell subject to retention of title, without the retained title thereby passing to the third party.
- Without YG’s consent, the entrepreneur customer may not pledge the goods subject to retention of title or transfer them by way of security. Any processing or transformation of the goods subject to retention of title by the entrepreneur customer shall be carried out exclusively in the name and in the interest of YG. In the event of seizures, confiscations or other dispositions or interventions by third parties, the entrepreneur customer shall notify YG without undue delay.
- The entrepreneur customer hereby assigns to YG, by way of security, in advance and in full, its claims from the resale of the goods subject to retention of title including all ancillary rights; YG accepts this assignment. Until revoked and as long as the entrepreneur customer is not in default, the entrepreneur customer is entitled to collect the claims assigned to YG themselves; however, they are not entitled to dispose of them in any other way, e.g. by assignment.
- At YG’s request, the entrepreneur customer shall disclose the assignment of claims to the respective purchaser and provide YG with the documents required to assert its rights against the purchaser, e.g. invoices, and provide the necessary information. Upon the customer’s request, YG shall release the securities to which it is entitled at YG’s discretion insofar as their value exceeds the secured claims by more than 10%.
5. Warranty
5.1. Rights arising from any guarantee/warranty are neither excluded nor limited by these GTC. 5.2 If the customer is an entrepreneur, YG shall decide on the type of subsequent performance and Section 377 of the German Commercial Code (HGB) shall additionally apply; in the case of replacement delivery, the costs of removing the defective item and the costs of installing the defect-free replacement item are not covered by the claim for subsequent performance. 5.3 Warranty claims of the customer who is an entrepreneur become time-barred one year after delivery.
IV. Service terms
1. Scope of application / reference
Insofar as installation, repair, restoration, maintenance, shrink-wrapping, rigging or other service work on boats is performed by YG or its subcontractors, the following provisions shall apply in addition to Sections I, II, IX of these GTC.
2. Costs
2.1. If the price of the services is not stated when the contract is concluded, the customer may set cost limits.
2.2. Third-party services (subcontractors of YG) shown in YG’s offer or order confirmation are always cost estimates unless expressly stated otherwise.
2.3. The services required to issue a binding cost estimate shall be charged to the contracting party who is an entrepreneur insofar as the order is not concluded or the services cannot be utilized during performance of the order.
2.4. If, during repair/restoration, it becomes apparent that the expected repair/restoration costs exceed the non-binding estimated costs and are not in a commercially reasonable relationship to the current value of the item to be repaired/restored, we will inform the contracting party without undue delay. The same applies to defects that we only discover during repair/restoration and that were not previously covered by the scope of the order.
2.5. If the order is discontinued for reasons beyond our control, the item will only be restored to its original condition at the express request of the contracting party and upon reimbursement of the resulting costs.
2.6. When calculating repair/restoration, the prices for parts used, materials and special services as well as the prices for work performed, travel and transport costs shall each be stated separately. If the repair/restoration is carried out on the basis of a binding cost estimate, reference to the cost estimate shall suffice, with only deviations in the scope of services to be listed separately.
3. Termination
The customer has the right to terminate at any time. Section 648 BGB applies if the termination is not based on circumstances for which YG is responsible. If, in the case of sentence 2, no fixed price has been agreed, the customer shall pay for the work performed and costs incurred up to termination, including expenses for ordered and already procured spare parts, as well as the lost profit, if the termination is not based on circumstances for which YG is responsible. After termination, YG shall issue an invoice and, in particular, prepare a comprehensible breakdown of costs and send it to the customer for settlement with a payment deadline stated therein.
4. Payments
Payments are due immediately and without deduction after acceptance. YG may demand reasonable advance payments for services rendered.
5. Customer’s duties to cooperate
5.1. If customer-provided items have been agreed, the customer shall provide such items in the agreed quantity, type, quality, time and at the agreed place. If customer-provided items have been agreed but there is no sufficient specification of the customer’s duties to provide, YG shall determine the quantity, quality, time and/or place of such provision at its equitable discretion (Section 315 BGB).
5.2. If the agreed place of performance is outside YG’s premises, the customer is obliged to ensure appropriate working conditions and safety and to provide the required energy and other media (electricity, water, gas etc.), including the required connection, at their own expense.
5.3. In the case of repairs/restoration, the customer is obliged to provide all materials and operating supplies and to take all other actions required for testing outside YG’s premises.
5.4. In the case of shrink-wrapping, the boat must be made available inside and out completely dried, generally standing in a hall.
5.5. If the customer does not fulfill their obligations, YG is entitled, but not obliged, after setting and unsuccessful expiry of a reasonable deadline, to perform the necessary actions in place of and at the expense of the customer. YG is not liable for damage resulting from the breach of the customer’s duties to cooperate.
5.6. The statutory rights and claims of the customer and YG remain otherwise unaffected.
6. Performance periods
6.1. YG’s information on performance periods is based on estimates and is non-binding.
6.2. In cases of unforeseeable operational disruptions not attributable to YG (e.g. work stoppages, procurement difficulties for spare parts, delivery or performance delays by suppliers or subcontractors, sabotage) as well as in the event of official interventions, force majeure and labor disputes, even binding deadlines shall be extended by these periods plus reasonable periods for resumption of work.
7. Acceptance of the service, takeover by the customer
7.1. The customer is obliged to accept the service as soon as completion has been notified to them. Acceptance may not be refused due to insignificant defects.
7.2. In the case of shrink-wrapping, acceptance shall take place on the day of the agreed performance and upon completion of the performance.
7.3. If the customer is in default of acceptance, acceptance shall be deemed to have taken place after the expiry of twelve working days since notification of completion. In the case of shrink-wrapping, acceptance shall be deemed to have taken place upon expiry of the day on which performance was completed. If the customer is a consumer, the legal consequences of sentence 1 or 2 shall only apply if YG has informed the customer in text form, together with the request for acceptance, of the consequences of acceptance not being declared or being refused without stating defects. If the customer has used the contractual item before the expiry of the deemed acceptance, acceptance shall be deemed to have taken place after six working days from the start of use, but at the latest upon expiry of the period pursuant to sentence 1 or 2. In these cases, the customer must assert reservations due to recognizable defects at the latest by the aforementioned times.
8. Extended lien
8.1. YG is entitled to a lien for its claims arising from the contract for work and services on the items that are the subject of the services and that have come into its possession on the basis of the contract.
8.2. The lien may also be asserted for claims from work performed earlier, spare parts deliveries and other services insofar as they are related to the subject matter of the order. For other claims arising from the business relationship, the lien shall apply only insofar as these claims are undisputed or have been finally adjudicated.
9. Warranty
9.1. Warranty for service work is excluded insofar as the defect:
- relates to customer-provided items or normal wear and tear,
- is caused by instructions of the customer (e.g. no replacement of parts requiring renewal),
- is caused by improper use or rework performed by the customer or a third party engaged by the customer without YG’s approval, or
- is caused by force majeure (in particular strong/stiff winds or similar weather situations during shrink-wrapping) or actions of third parties (e.g. vandalism, sabotage),
9.2. The customer must notify YG of a defect without undue delay.
9.3. Warranty claims of the customer who is an entrepreneur become time-barred one year after acceptance.
9.4. With respect to the customer who is an entrepreneur, the place of performance for subsequent performance is YG’s registered office. If the customer requests that subsequent performance be carried out at a different location, the customer shall bear the additional costs incurred by YG (in particular transport and travel costs, travel time expenses).
V. Rental terms for winter storage spaces for boats
1. Scope of application / reference
Insofar as storage spaces for boats are provided, the following provisions shall apply in addition to Sections I, II, IX of these GTC. The provisions apply accordingly to masts, boat equipment or other items brought onto YG’s premises.
2. Scope of services; coupling to a service order; liquidated damages
2.1. The provision of storage spaces is linked to the commissioning of a service order to YG for the respective term of the rental agreement (see Clause 3). If the service order is not concluded for reasons not attributable to YG or is subsequently omitted with retroactive effect, YG shall be entitled to liquidated damages in the amount of 20% of the net remuneration agreed for providing the storage space, subject to proof by the customer that YG has suffered no damage or that the damage is substantially lower than the lump sum. Sentence 2 applies accordingly (pro rata) if the customer terminates the service order ordinarily (Section 648 BGB).
2.2. The rental agreement includes the provision of a storage area on the outdoor premises or in the hall against payment. Unless the parties expressly agree otherwise, masts are always stored in the outdoor storage area. The items brought in are not taken into custody by YG.
2.3. As an ancillary service, the rental agreement also includes the seasonal one-time internal transport for storing/removing the boat. If, due to the dimensions, weight or design of the boat, third-party companies must be commissioned for transport or craning, these services are not included and will be charged separately.
2.4. At the customer’s request, a boat stand/cradle will be provided for rent for storing the boat and charged separately. As non-yard boat trailers, only suitable approved trailers with a valid TÜV inspection sticker will be accepted.
2.5. Costs for electricity and water consumption by the customer or third parties engaged by the customer at the storage space will be charged separately.
3. Term of the rental agreement, termination
3.1. Unless otherwise agreed in the rental agreement, the rental agreement is concluded for one year. The tenancy begins on
1.4. of the year and ends on 31.3. of the following year. During the period from 1.4. to 30.9. the contract is suspended (rent-free). The tenancy is extended by one further year each time unless it is terminated in writing by one of the contracting parties no later than 31.3.
3.2. YG is entitled to charge the customer a reasonable remuneration for extended use of the storage space beyond 31.3., and to charge separately the costs for additional effort incurred by YG due to the time overrun.
3.3. YG is entitled to terminate the tenancy without notice in the event of breaches of duty by the customer, in particular
- if the customer does not pay the rent despite the 3rd reminder.
- in the event of repeated serious harassment by the customer towards YG, its employees or other tenants.
- in the event of repeated violations by the customer of their obligations pursuant to Clause 5 (Access and use) or Clause 6 (Customer’s obligations) or if there are other reasons that make continuation of the tenancy until its regular end unreasonable for YG after weighing the interests of both parties.
4. Payment terms, landlord’s lien
4.1. Unless otherwise agreed, the rent for the rental period 1.10.-31.3. (winter storage season) will be invoiced collectively, in two equal parts at the beginning and end of the winter storage season.
4.2. The customer is not released from paying rent by not using the winter storage space or by vacating it before the end of the tenancy.
4.3. If, at the tenant’s request or due to termination without notice by YG, the boat must be removed from winter storage early and outside the usual sequence, the customer shall bear the additional costs incurred by YG as a result, including the costs of the necessary internal transport and craning of other boats.
4.4. The customer grants YG a lien on the items brought onto the premises until YG has been fully satisfied. If the customer leaves items on YG’s premises after the end of the tenancy, YG is entitled to take possession of these items and realize them itself.
5. Access and use
5.1. The customer has access to the storage area on working days during normal business hours; on weekends and public holidays by separate agreement with YG. Third parties acting on behalf of the customer who wish to enter the stored boat must present identification upon YG’s request.
5.2. Installation, repair, restoration and maintenance work on the boat by third-party companies is only permitted with YG’s approval (protection against competitors). Use of YG’s facilities and machines by the customer or third parties likewise requires YG’s approval.
5.3. Without YG’s approval, the customer is not entitled to store or accommodate any items on the rented area and/or YG’s premises other than the items specified in the rental agreement/order.
6. Customer’s obligations
6.1 When carrying out work by the customer and third parties engaged by the customer on the boat brought in, YG’s occupational safety and environmental policy requirements as well as all relevant statutory and official regulations and conditions must be strictly observed. The customer must coordinate the performance of high-risk activities in advance with YG’s management. The customer must inform YG’s management without undue delay about accidents, environmental damage or other events with potentially negative effects on YG or its owner(s) resulting from work by the customer and third parties engaged by the customer on the boat brought in. The customer is liable to YG for damages incurred by YG arising from or in connection with work by the customer and third parties engaged by the customer on the boat brought in; in this respect, the customer must also indemnify YG in the event of claims by third parties.
6.2. During use of the storage space, no fire-hazardous substances may be stored on board the boat, in particular fuels, gas cylinders, ammunition, paints, etc. Batteries must be disconnected.
6.3. On the outdoor premises, the customer is obliged to secure standing and running rigging, masts, covers, etc. in such a way that, even in adverse weather conditions, damage to YG’s facilities as well as to other boats and their equipment is excluded. Tarpaulins must not be fastened to the boat supports, but to the boat itself.
6.4. The customer is prohibited from running boat engines on the storage space, operating heaters, carrying out burning work, or performing welding, soldering or other work involving sparks. Open fire and smoking are strictly prohibited in the hall.
6.5. Grinding work is only permitted behind a foil curtain using self-extracting grinding machines and connected dust collectors. Dry sanding is no longer permitted from 1.3. of the year.
6.6. The customer is obliged to keep the storage space clean. The floor must be protected against contamination by paint, oils, etc. by tarpaulins, foil or similar. The customer shall bear the costs incurred by YG for removing paint, oil and other contamination. The customer must arrange disposal of waste themselves in accordance with the polluter-pays principle.
6.7. The customer is obliged to take out third-party liability insurance for the boat with a lump-sum cover of at least EUR 6,000,000 with an insurer domiciled in the Federal Republic of Germany and to maintain it for the duration of the tenancy. A copy of the current insurance policy must be deposited with YG upon conclusion of the rental agreement or upon bringing in the boat. Changes to the insurance policy must be reported to YG without undue delay.
6.8. The customer is obliged to maintain adequate property insurance (fully comprehensive) for the boat for the duration of the tenancy. The customer is obliged to keep loose inventory, accessories, etc. secured under lock and key and protected against unauthorized access.
6.9. The customer is obliged to notify YG without undue delay of any change of ownership as well as third-party rights to the boat brought in during the tenancy.
VI. Transport terms for boats
1. Scope of application / reference
Insofar as the customer commissions YG to transport the boat outside YG’s premises, the following provisions shall apply in addition to Sections I, II, IX of these GTC. The provisions apply accordingly to masts, boat equipment or other items to be transported by YG.
2. Scope of services, costs
2.1. The scope of the transport service generally includes loading, securing the load, transport (if applicable including traffic-law escort/safety measures) and unloading at the destination. Upon completion of unloading, the risk passes to the customer, provided YG is not obliged to bear the risk as part of follow-on work.
2.2. If, due to the dimensions, weight or design of the boat or other circumstances not attributable to YG, third-party companies must be commissioned to carry out the transport service (or parts thereof), these services are not included in YG’s offer/order scope and will be charged separately based on time and materials, unless expressly agreed otherwise.
3. Customer’s duties to cooperate
3.1. The customer must ensure that the boat is in a condition ready for collection suitable for loading and transport. If the boat is not transported using a trailer provided by the customer, the customer must ensure that an appropriate boat stand/cradle or similar is available at the destination for safe unloading.
3.2. The customer must provide all information relevant for loading and transport of the boat in good time in advance. This includes, in particular, plans/drawings for launching and retrieving (slipway operations) if required due to underwater components that are not clearly visible (shafts, transducers, etc.) or the special shape of the underwater hull, as well as any lifting points for craning. Changes to the boat’s center of gravity due to installations or modifications must be communicated unsolicited. The customer must ensure that seacocks and through-hull fittings are closed before the boat is put back into the water.
3.2. If the customer does not expressly specify the transport route, transport and/or packaging method, YG shall determine these at its equitable discretion.
3.3. Section III, Clauses 6.7 and 6.8 (third-party liability and property insurance) apply accordingly to transport.
4. Transport insurance
YG maintains transport insurance in the amount of EUR 500,000. An increase of the insured sum will only be taken out by YG at the customer’s special request and at the customer’s expense.
VII. Terms and conditions for acceptance negotiations on behalf of the customer
1. Scope of application / reference
Insofar as the customer commissions YG to conduct acceptance negotiations in the name of the customer, the following provisions shall apply in addition to Sections I, II, IX of these GTC. The provisions apply accordingly to acceptance negotiations in the name of the customer in the case of used boats.
2. Authorization of YG as agent for managing business in the name of the customer
By placing the order, YG is simultaneously authorized to carry out, in the name of the customer, all actions required in the context of the acceptance negotiations vis-à-vis the third party (manufacturer / seller of the boat), in particular to sign an acceptance protocol (possibly restricted subject to reservation of outstanding items) in the name of the customer.
3. Scope of YG’s services, responsibility of the parties
3.1. At the customer’s request, YG will take over communication with the third party in preparation for the acceptance negotiations. YG conducts the acceptance negotiations in the name of the customer. YG will inform the customer without undue delay of the outcome of the acceptance negotiations and will subsequently provide the customer with the acceptance protocol (simultaneously against full performance of the customer’s consideration). If the acceptance protocol is to be deposited in a data room provided by the third party to which the customer also has access, YG does not owe separate transmission of the acceptance protocol to the customer. A separate report on the course of the acceptance negotiations will only be prepared if expressly commissioned in advance (against additional remuneration).
3.2. YG is not responsible for the third party’s performance or the acceptability of the boat. The customer bears the risk of any disruptions in performance originating from the third party’s sphere and is obliged to reimburse YG for any additional effort incurred as a result. In such a case, working hours will be charged at YG’s respective hourly rates; other expenses will be charged based on time and materials plus an administrative fee of 5%.
3.3. YG conducts the acceptance negotiations impartially with the diligence of a prudent merchant and makes its decisions at its equitable discretion. The customer is free, at the customer’s risk, to issue instructions to YG regarding the manner of conducting the acceptance negotiations as well as their outcome (acceptance or refusal).
3.4. YG assumes no risk for the boat after acceptance. The customer is advised that, upon acceptance, the risk for the boat passes to them. The customer should therefore take the measures they deem necessary.
4. Customer’s duties to cooperate
The customer has the following duties to cooperate:
- Timely handover of all documents required for proper conduct of the acceptance negotiations, in particular the purchase agreement (possibly with commercial and acceptance-irrelevant provisions redacted) and technical annexes thereto, as well as other information (contact details etc.)
- Notification of any instructions of the customer that may need to be observed by YG during the acceptance negotiations
- Ensuring short-term availability at the time of the acceptance negotiations for any coordination needs
5. Advance payment obligation of the customer
Upon request, the customer must provide YG with an advance for the expenses required to execute the order.
VIII. Terms and conditions for boat transfers on behalf of the customer
1. Scope of application / reference
Insofar as the customer commissions YG to carry out boat transfers in the name of the customer, the following provisions shall apply in addition to Sections I, II, IX of these GTC.
2. Authorization of YG as agent for managing business in the name of the customer
YG carries out the transfer in the name of the customer. By placing the order, YG is simultaneously authorized to carry out, in the name of the customer, all actions required in the context of the boat transfer vis-à-vis third parties. The customer must issue a separate power of attorney in favor of YG.
3. Scope of YG’s services, responsibility of the parties
3.1. At the customer’s request, YG will take over communication with third parties in preparation for the transfer, in particular with contact persons at the departure and destination locations for direct coordination. If the boat is to be loaded onto a cargo ship immediately after arrival at the destination, the scope of services also includes observational accompaniment of the loading of the boat by the cargo ship’s shipping line. YG will inform the customer without undue delay about arrival/loading at the destination and, if applicable, special incidents relevant to the customer. A separate report on the course of the transfer/loading will only be prepared if expressly commissioned in advance (against additional remuneration).
3.2. YG is not responsible for third-party services required for the transfer and, in particular, for the properties, condition and performance of the boat. The customer bears the risk of any disruptions in performance resulting from third parties’ sphere or from unforeseeable properties, condition and performance of the boat, and is obliged to reimburse YG for any additional effort incurred as a result. In such a case, working hours will be charged at YG’s respective hourly rates; other expenses will be charged based on time and materials plus an administrative fee of 5%.
3.3. YG assumes no risk for the boat during the transfer. YG carries out the transfer with the diligence of a prudent merchant and makes its decisions at its equitable discretion. The customer is free, at the customer’s risk, to issue instructions to YG regarding the manner of conducting the transfer as well as the destination harbor; subject to YG’s right of veto if, in YG’s sole discretion, there is a risk to life or limb of the transfer crew.
4. Performance periods, force majeure
4.1. YG’s information on performance periods is based on estimates and is non-binding.
4.2. In cases of unforeseeable disruptions not attributable to YG due to force majeure (e.g. strong winds with ≥ 6 Beaufort, defects of the boat including accessories, official orders), even binding deadlines shall be extended by the delays caused by such disruptions, if applicable plus reasonable periods for resumption of the transfer.
5. Customer’s duties to cooperate
The customer has the following duties to cooperate:
- Timely handover of all documents required for proper execution of the transfer as well as other information (contact details etc.)
- Provision of the boat in a seaworthy condition
- Conclusion of boat third-party liability insurance with a lump-sum cover in the amount of at least EUR 6,000,000, with an internationally recognized insurer for the duration of the transfer. YG must be listed as co-insured in the insurance policy (waiver of recourse by the insurer against YG). A copy of the insurance policy must be deposited with YG upon conclusion of the order or before the start of the transfer. Changes to the insurance policy must be reported to YG without undue delay.
- Conclusion of adequate property insurance (fully comprehensive with a minimum insured sum equal to the current replacement cost of the boat). YG must be listed as co-insured in the insurance policy (waiver of recourse by the insurer against YG). A copy of the insurance policy must be deposited with YG upon conclusion of the order or before the start of the transfer. Changes to the insurance policy must be reported to YG without undue delay.
- Notification of any instructions of the customer that may need to be observed by YG during the transfer
- Ensuring short-term availability for any coordination needs before and during the transfer
- Organization and notification of a suitable alternative berth and ensuring boat supervision at the berth if the transfer must be aborted after commencement due to official orders or warnings and YG requests the customer to issue corresponding instructions. YG’s obligation to perform ends in such a case upon mooring and securing/clearing the boat at the berth.
6. Remuneration, reimbursement of costs, advance payment obligation
6.1. Contractually agreed fixed prices based on a scheduled course of the transfer include the time spent as well as catering and travel costs of the personnel deployed by YG.
6.2. Travel-related costs for the boat (marina berth fees, operating supplies, canal fees, towing fees, clearance fees, etc.) are not included in a contractually agreed fixed price and will be recharged based on time and materials plus an administrative fee of 5%.
6.3. Upon request, the customer must provide YG with an advance for the expenses required to execute the order.
IX. Final provisions
1. Online dispute resolution pursuant to Art. 14 (1) ODR Regulation
The European Commission provides customers with a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. In this context, we are legally obliged to state our email address. This is: info@yachtinggate.com. YG is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. General consumer arbitration board of the Center for Arbitration e.V.
After a dispute has arisen between YG and a consumer customer that cannot be settled through negotiations with the consumer customer, the consumer customer may generally contact the General Consumer Arbitration Board responsible for general consumer matters of the Center for Arbitration e.V. at: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. Straßburger Straße 8 7694 Kehl am Rhein mail@verbraucher-schlichter.de Phone: 07851 / 795 79 40 Fax: 07851 / 795 79 41
3. Code of conduct
YG has not subjected itself to any code of conduct.