GTC Service Provider

B) General Terms and Conditions – Charter & Sail

The following terms and conditions apply to our services as a provider of individual services for sailing trips.

CONTENTS

Preliminary Remarks, Offer Overview and Explanations

B1) Formation of the Contract

B2) Payment and Included Services

B3) Cancellation by the Participant

B4) Health Condition

B5) Underage Participants

B6) Privacy

B7) Trip Requirements and Behaviour On Board

B8) Notification of Defects and Remedial Action

B9) Luggage

B10) Travel Insurance

B11) Withdrawal from the Contract by CAS

B12) Reasonable Changes

B13) Services Not Used

B14) Liability

B15) Right of Withdrawal

B16) Severability Clause and Place of Jurisdiction

Preliminary remarks on the General Terms and Conditions (henceforth referred to as the "GTC") of Charter & Sail

The natural person who registers for and participates in the sailing trip is referred to as the "PARTICIPANT" or "CUSTOMER" in the remainder of the General Terms and Conditions.

The company Charter & Sail UG, Eselföterstr. 29, of 18055 Rostock, represented by its Managing Director Mr Tobias Weiß, is referred to as "CAS" or the "SERVICE PROVIDER" in the remainder of the General Terms and Conditions.

The person in charge of the yacht is referred to as the "SKIPPER" in the remainder of the General Terms and Conditions.

The offer of Charter & Sail to which these GTC refer includes:

• Cabin charter and private charter by CAS as a service provider of an individual service
• CAS is not a package tour operator

The agent is the party that mediates the travel services between the traveller and the service provider of the travel service (Sections 675 and 631 of the German Civil Code (BGB)). The travel agency is usually the intermediary for the trip.

The service provider or service carrier is the party that provides an individual tourist service through a contractual relationship, for example, the hotel, airline, operator of a sailboat, etc.

If you book individual services, such as transportation or accommodation separately, please also refer to the general terms and conditions of the respective service provider.

B) – CAS as a SERVICE PROVIDER of individual services for sailing trips

B1) Formation of the contract

With the written registration, if possible, the Customer offers CAS the conclusion of a binding contract. The contract is concluded with the confirmation by email or telephone by CAS.

B1.1)

Before registering for the sailing trip, Participants shall be obliged to familiarise themselves with the details of the offer, the GTC and with general information about the applicable passport and visa regulations of the respective countries of travel. The same applies to health requirements, individual risks to life and health in the areas where travel shall ensue and the possibility of insuring oneself against any risks with additional insurance.

B1.2)

The Participant shall register for the sailing trip by correctly completing and submitting the registration form on the CAS website. All data provided in the registration form must be correct. Providing false data may be regarded as a withdrawal; the reasons for which the Participant is responsible. In this case, the withdrawal does not have to be in the form provided for in points B3 and B11.

B1.3)

The offer on the website of the Service Provider shall be understood as an offer within the meaning of Section 145 of the German Civil Code (BGB). By completing the booking process, the Participant shall accept this offer in a legally binding manner.

Such an offer within the meaning of Section 145 of the German Civil Code (BGB) may also be sent to the Participant by the Service Provider via email. This offer may be limited in time and must be accepted by the Participant within this period.

B2) Payment and Included Services

The trip price shall be shown in euros per person and shall include accommodation on board in the booked cabin category, sea transport and meals in accordance with what is advertised. It shall not include, except by separate agreement, transfer of persons and luggage by air, land or sea, airport taxes, travel insurance, sports programmes, programmes or excursions ashore, taxes or expenses for personal needs, particularly alcoholic or non-alcoholic beverages, tips, gifts, medical care, telephone calls etc.

B2.1)

The board cash is obligatory; it is in addition to the trip price and must be paid in cash on site in the advertised amount. This is a necessary and worldwide common practice on sailing trips. It is used to pay for additional services, among other things but not exclusively and depending on the region: local fees (such as customs duties, national park fees, cruise taxes, tourist taxes, landing fees on the islands), mooring fees, fresh produce and other such items.

B2.2)

To secure the reservation, a deposit of 35% of the trip price per person must be paid within seven days of the booking confirmation by CAS. The difference is payable at the latest eight weeks before the start of the trip.

B2.3)

For prices below €EUR 1,000.00, the total amount must be paid within seven days of the booking confirmation. The vouchers for the respective services shall be sent upon receipt of the full payment.

B2.4)

Payments can be made by bank transfer, credit card (Mastercard or Visa) or cash. In the event of late or insufficient payment, CAS may cancel the reservation or refuse to provide the passage service and claim damages in accordance with clause 7.

B2.5)

Sailing vouchers shall lose their validity after a period of three years. The reference date is the date of receipt of payment. Vouchers are generally not tied to a person and can be gifted or transferred to other people.

B2.6)

The Participant shall be entitled to a refund of the price if the withdrawal is due to reasons for which the Service Provider is responsible. These include exclusively: a) Change of essential components of the contract. Cancellation for this reason can be made within three days from the receipt of the notification by the Service Provider by electronic mail against reconfirmation. The absence of a response within this period shall be considered as an acceptance of the changed conditions of the sailing trip b) Cancellation of the Sailing Trip.

A change of yacht for another of a similar standard or a change of the sailing route shall not constitute a substantial change in the terms of the contract.

B3) Cancellation by the Participant

The Customer may withdraw from the contract at any time prior to departure. The following cancellation fees shall apply (the date of receipt of the written notice of cancellation by CAS applies):

B3.1)

The following cancellation fees shall apply to all sailing trips, with the exceptions under clauses B3.2) and B3.3)

• Up to 120 days before the start of the trip – 30% of the trip price
• 119–60 days before the start of the trip – 50% of the trip price
• 59–30 days before the start of the trip – 75% of the trip price
• 29 days or less before the start of the trip – 100% of the trip price

B3.2)

For day, half-day and sunset trips on the Baltic Sea the following cancellation fees shall apply:

• Up to 14 days before the start of the trip – EUR 25 per person for cancellation or rebooking
• Less than 14 days before the start of the trip – 100% of the trip price

B3.3)

For trips lasting several days or full and private charters on the Baltic Sea, the following cancellation fees shall apply:

• Same as under B3.1) for cancellation and rebooking
• Exceptions shall apply if agreed in writing in advance

B4) Health Condition

By registering for a sailing trip, Participants are immediately declaring that their physical and mental health shall allow them to take part in a sailing trip and that they can swim in deep water for at least 30 minutes. In the case of any doubt as to the fulfilment of these conditions, the Participant shall be obliged to contact the Service Provider on this matter prior to registration. In the event that after booking, the Service Provider shall determine that the Participant does not fulfil the conditions referred to in this paragraph, the Service Provider shall retain the right to terminate the contract with immediate effect, without observing the form referred to in B2.6). If this right is exercised, it is not considered a termination for reasons for which the Service Provider is responsible.

B4.1)

Health Certificate: Any medical conditions or limited physical mobility requiring special care or attention must be communicated to CAS at the time of booking. Participants must be able to get into an inflatable boat with assistance. CAS considers a sailing trip from the twenty-sixth week of pregnancy to be a risk and shall not be liable for any complications arising therefrom. CAS shall be generally entitled to refuse to allow a person to participate, even in part, in the sailing trip if in the opinion of CAS, the person is unfit to travel due to this person's physical or mental condition.

B5) Underage Participants

The registration of an underage participant must be made by the parent or legal guardian, who shall assume responsibility for the underage participant for the duration of the entire sailing trip. The contract shall be considered invalid until written confirmation has been received from a parent or guardian.

B6) Privacy

All personal and contact data provided to the Service Provider by the Participant for the purpose of registration or entry in the newsletter shall be used by the Service Provider solely for the organisation of the sailing trip or for marketing purposes and shall not be passed on to third parties. The Participant may revoke their consent for use for any marketing purposes, such as sending the newsletter, at any time.

B7) Travel Requirements and Behaviour On Board

All Participants shall require valid identification documents (ID card or passport depending on nationality and country of travel); a valid passport and visa may be required for certain islands or countries to be visited. Without an entry permit, Participants shall not be allowed to leave the boat in certain ports. If the Participant fails to provide the proper travel documents, no refund shall be made. By embarking on board, the Participant shall submit to all generally accepted rules of seamanship and international maritime law, in particular, the ship's command.

B7.1)

From the moment of embarkation until the moment of disembarkation, the Participant shall be obliged to follow the Skipper's instructions. Participants must always take care not to create any danger for themselves or other passengers.

B7.2)

The consumption of any illegal substance is prohibited and may lead to immediate exclusion from the trip without the Participant being compensated for this exclusion.

B7.3)

In the case of serious and persistent breach of order, which threatens the interests or safety principles, during the sailing trip by a Participant, the Skipper may prohibit the Participant from continuing the sailing trip, without the Participant being compensated for this exclusion or receiving a refund for any unused services. All costs of the continued stay abroad and the return home shall be borne solely by the Participant in such a case.

B7.4)

The Participant shall be obliged to observe the customs and foreign exchange regulations of the countries on the route of the sailing trip.

B8) Notification of Defects and Remedial Action

In the event that the Participant wishes to make a complaint, the Participant shall be obliged to inform the Skipper or the Service Provider of this specifically on site, during the trip and to record this together in writing. In the case of concrete deficiencies, the Service Provider shall first be given the opportunity to remedy the situation and the Participant shall have a duty to cooperate. Inconvenience or personal feelings shall not constitute a deficiency. Objections and complaints that are raised after the end of the trip for the first time shall not be considered.

B9) Luggage

Luggage must be neatly packed in a flexible, foldable bag, suitcase or rucksack and labelled with the full name of the passenger and the ship. CAS shall not be held liable for loss, theft or damage to luggage or personal property.

B10) Travel Insurance

We hereby expressly point out the necessity of taking out suitable travel insurance, in particular, travel cancellation insurance and/or insurance to cover repatriation costs in the event of accident or illness, luggage insurance and foreign health insurance. It shall be the sole responsibility of the Customer to assess the necessity and suitability of any of the aforementioned or additional insurances.

B11) Withdrawal from the Contract by CAS

Withdrawal from the contract by CAS due to failure to reach the minimum number of participants

CAS may withdraw from the contract up to 28 days before the start of the trip if the minimum number of participants has not been reached. CAS shall be obliged to inform the Participant immediately after the occurrence of the condition for the non-implementation. Should this become apparent at an earlier point in time, CAS shall inform the Participants thereof. If the trip shall not take place for this reason, the Service Provider shall refund the payments for the trip price without delay but no later than 14 days after receipt of the notice of withdrawal.

B11.1)

Withdrawal from the contract by CAS due to extraordinary circumstances. CAS shall be entitled to cancel the trip (also in part) in the event of extraordinary circumstances. In this case, all paid trip fees (on a pro rata basis if applicable) must be refunded or an alternative date must be offered. Any further claims (rebooking or cancellation costs for flights, hotels, ferries, etc. booked or arranged by the Customer) shall be excluded. CAS and the responsible Skipper shall be entitled, at their own discretion, without assumption of liability for damages and without a refund obligation of any kind, to deviate from the announced or usual itinerary as well as to change or modify the content, equipment and scope of the trips.

B12) Reasonable Changes

The following changes shall be considered reasonable and shall not constitute a deficiency nor shall they constitute an entitlement to compensation. Replacement of the Skipper, English-speaking Skipper only,

change or replacement of the yacht before or during the voyage with a yacht of a similar standard.

Change or shortening of the route, change of sequence, change of port of departure and port of arrival, if these are not the responsibility of the Service Provider, for example, due to extraordinary circumstances, a decision of state authorities or port capacities.

B13) Services Not Used

If for reasons attributable to the Customer, the Customer does not make use of individual services that CAS was willing and able to provide in accordance with the contract, the Customer shall not be entitled to a reimbursement on a pro rata basis. This shall not apply insofar as such reasons would have entitled you to withdraw from or terminate the service free of charge in accordance with statutory provisions.

B14) Liability

Limited liability for independent contractors

The liability and responsibility of CAS shall be limited to the vessel. In the case of all agreements concerning additional offers and arrangements, in particular, also sports offers, CAS shall only be liable in its role as an intermediary and not for the services of third parties and any claims that may arise therefrom.

B14.1)

Liability by the Participant. The responsibility for damages caused due to grossly negligent or intentional behaviour by one or more Participants shall be borne exclusively by the person(s) causing the damage.

B14.3)

Liability for other services. CAS shall accept no liability for the provision of other individual services if these have been arranged by CAS. This shall apply, in particular, to return flights in the event of a late return arrival of the sailing trip or missing the departure of the sailing trip in the event of a late arrival.

B15) Right of Withdrawal

In accordance with Section 312 (7) (2) of the German Civil Code (BGB), the Participant shall have no right of revocation of the concluded contract.

B16) Severability Clause and Place of Jurisdiction

Should any of the above provisions be or become invalid, the validity of the remaining provisions remains unaffected and the validity of the contract remains unaffected. The contract and these conditions shall be subject to German law. The judge of the regional court where CAS has its registered office shall have jurisdiction.