1. Contracting Parties
These terms apply to all bookings made with:
Willi Ewig – Kite & Sail Caribbean
Represented by: Willi Ewig
Operating location: Caribbean (e.g., St. Martin, BVI, etc.)
Website: https://kite-n-sail.com
2. Scope of Service
The sailing cruise offered includes:
- Private use of the sailing yacht for the agreed period
- Personal guidance and navigation by the skipper
- A flexible route adapted to weather, safety, and guests’ preferences
Not included unless otherwise agreed:
- Flights and transfers
- Meals and drinks (shared cost via onboard “kitty” is typical)
- Gratuities
- Port, customs, and immigration fees
3. Booking & Contract Formation
- A booking is considered binding once confirmed in writing (email or booking form).
- A deposit of 30% is due within 7 days of booking confirmation.
- The contract becomes effective upon confirmation and receipt of the deposit.
4. Payment Terms
- The remaining balance is due 30 days before departure.
- For bookings made less than 30 days prior to departure, full payment is required immediately.
- Payments can be made by bank transfer or any other agreed-upon method.
5. Cancellation by the Guest
Written notice of cancellation must be provided by email.
Cancellation fees:
- Up to 60 days before departure: 30%
- 59 to 30 days: 60%
- Less than 30 days: 100%
We strongly recommend purchasing travel cancellation insurance.
6. Cancellation or Changes by the Operator
The operator reserves the right to cancel or modify the cruise due to:
- Force majeure (e.g., hurricanes, political unrest)
- Skipper illness or technical problems
In such cases, a full refund or rescheduling will be offered.
Changes to the itinerary due to weather or safety concerns are at the sole discretion of the skipper and do not entitle the guest to compensation.
7. Liability
- The operator is only liable for damages caused by intent or gross negligence.
- No liability is accepted for personal items lost or damaged, delays caused by airlines, or route changes due to weather.
- Guests participate in optional activities (e.g. kitesurfing, snorkeling, fishing) at their own risk.
- The skipper and crew are not responsible for accidents caused by failure to follow safety instructions.
8. Guest Responsibilities
- Guests must follow all safety instructions provided by the skipper.
- Disruptive, dangerous, or reckless behavior may result in exclusion from the cruise at the guest’s expense.
- The guest is responsible for informing the operator in advance about any health conditions, allergies, or mobility limitations.
a. Onboard Conduct & Safety
- All guests must follow the instructions of the skipper and crew at all times, especially in matters of navigation, anchoring, weather, and safety.
- The yacht is a shared and limited space. Respectful and considerate behavior toward the crew, the boat, and fellow guests is expected at all times.
- Smoking is only permitted in designated outdoor areas, and never below deck.
- The use of illegal substances is strictly prohibited and will result in immediate termination of the trip without refund.
- Safety equipment (life jackets, fire extinguishers, first aid) is available and will be demonstrated at the start of the cruise. Guests must familiarize themselves with onboard procedures.
- Guests must refrain from dangerous behavior (e.g. jumping overboard while under sail, being intoxicated on deck, misuse of equipment).
- The skipper reserves the right to end the charter for any guest whose conduct endangers the safety or comfort of the group or vessel.
b. Group Size & Children
- Our sailing experiences are designed for private groups of up to 5 people to ensure privacy and comfort on board.
- Children are welcome onboard, but:
- Must be at least 8 years old and able to swim confidently.
- Must be under adult supervision at all times.
- Families with small children are encouraged to discuss safety and sleeping arrangements with us prior to booking.
- The skipper has final authority to refuse boarding if the group exceeds capacity or safety requirements are not met.
9. Travel Documents & Insurance
- Guests are solely responsible for ensuring they have valid passports, visas, and comply with entry regulations.
- It is highly recommended to obtain:
- Travel health insurance
- Trip cancellation insurance
- Travel liability and baggage insurance
10. Privacy and Data Protection
All personal data is processed exclusively for booking purposes and in accordance with the General Data Protection Regulation (GDPR). Please refer to our [Privacy Policy] for more details.
11. Applicable Law & Jurisdiction
- The contract is governed by German law, unless local mandatory regulations apply.
- The place of jurisdiction is, where legally permissible, the residence of the operator.