Terms and conditions
General
Climb and Sail acts on the market as an organizer of tourist packages or independent services, as an intermediary in the conclusion of travel contracts and boat charters, and as a provider of individual rental agreements for its own watercraft. These General Terms and Conditions apply to the business operations of Climb and Sail, as well as the rights and obligations of both Climb and Sail and its Clients.
The General Terms and Conditions (hereinafter: General Terms) are drafted in accordance with the provisions of the Obligations Code and the applicable legislation regarding consumer protection and personal data protection. These General Terms are an integral part of Climb and Sail’s business operations. The Client is notified of the General Terms prior to or at the time of signing the contract. By being notified of the General Terms, the Client is deemed to be aware of them; by concluding the Contract, the Client declares that they have read the General Terms and have become fully acquainted with them.
In the event that an individual concludes the Contract as a Client and the trip is subsequently attended by other persons (hereinafter: Participants), it is considered that by accepting these General Terms, all Participants or the entire group attending the individual trip or boat charter on the basis of the Contract have been made aware of them.
The General Terms are published on the website climb-sail.com and are also kept in physical form at the company’s registered office. If these General Terms and Conditions and specific contractual terms are in conflict, the latter shall prevail.
Concepts
“Climb and Sail” is acting on the market as an organizer of tourist packages, as an intermediary in the conclusion of travel contracts, and as a provider of boat charter brokerage services. It also enters into individual rental agreements for its own watercraft and individual contracts for independent services.
“Client” (hereinafter also referred to as the Lessee) is any legal entity, self-employed person, or natural person who identifies themselves in the reservation form or the inquiry form, or who confirms a reservation and to whom these General Terms apply. The Client must be at least 18 years of age. The Client represents and warrants that they are legally authorized to sign the reservation form on their own behalf and on behalf of any other participant they legally represent.
“Participants” (hereinafter also referred to as Users) are all legal entities, self-employed persons, or natural persons covered by the tourist package concluded by the Client, as well as persons participating in the boat charter.
“Passenger” is defined as all persons comprising the Client and Participants together. “Vessel Provider” is the charter company, marina, or individual owner of the vessel who owns or is authorized to manage the vessel and whose business is the leasing of vessels. “Contract” may be expressed as the acceptance of an offer in accordance with Article 21 of the Obligations Code or as a separate concluded document.
A “Tourist Package” exists when a client chooses to order at least two related travel services for the same trip or holiday. A combination of travel services is not considered a tourist package if at most one travel service from the first, second, or third indent of Point 1 of the first paragraph of Article 57b of the ZVPot (Consumer Protection Act) is combined with one or more travel services from the fourth indent of Point 1 of the first paragraph of Article 57b of the ZVPot, provided that the latter travel services do not represent more than a quarter of the value of the entire tourist package, are not advertised as an essential element of the package, do not otherwise constitute an essential element of the package, or if the consumer selects and purchases them only after the start of the performance of travel services from the first, second, or third indent of Point 1 of the first paragraph of Article 57b of the ZVPot.
A “Linked Travel Arrangement” (hereinafter also referred to as the Arrangement) exists when Climb and Sail does not merely offer its own services but cooperates with other travel service providers in creating an offer by enabling the client, during a single visit to its office or through contact, to select and pay for individual travel services, or facilitates the targeted purchase of at least one additional travel service from another provider. When Climb and Sail facilitates a targeted purchase from another provider, the contract with that provider must be concluded no later than 24 hours after the confirmation of the service reservation with Climb and Sail.
“Force Majeure” is any unexpected external cause (event) the consequences of which cannot be entirely avoided or averted. If, due to the outbreak or spread of the Covid-19 epidemic or any other epidemic, there are restrictions on entering the country where the trip is being carried out, or on returning from that country, such circumstances shall be considered an occurrence of force majeure.
Special part
TOURIST PACKAGES AND ARRANGEMENTS
Climb and Sail organizes and sells custom-made tourist packages and arrangements tailored to each individual Client. The service offer is published on the website climb-sail.com.
If the Client decides to order only a single travel service, the provisions of Special Part D apply. When performing services, Climb and Sail does not offer its own vessels; instead, it acts as an Intermediary for the boat charter. In this case, the charter brokerage is part of the tourist package. If the Client wishes to rent only a vessel, the provisions of Special Part B apply. In cases that do not constitute a tourist package as defined in the second paragraph of Article 57.b of the ZVPot or an arrangement, the provisions of this Special Part shall not apply. A Package Travel Contract (hereinafter: Contract) refers to any contract regarding a tourist package.
ACCURACY OF INFORMATION
Although Climb and Sail endeavors to use reliable sources when performing its services, it cannot guarantee that all information is accurate and correct. Photographs published online and in promotional materials are for informative purposes only; Climb and Sail does not guarantee their completeness, authenticity, or appearance unless such a guarantee is explicitly stated.
BOOKING PROCESS AND CONCLUSION OF CONTRACT
The Client selects services offered on the website and submits an inquiry via the Journey Planner form available at https://climb-sail.com or contacts Climb and Sail directly via email at tours@climb-sail.com. The Client selects the desired departure date, duration, location, vessel type, and any additional services. Climb and Sail shall respond to the inquiry within five (5) business days by preparing an offer consisting of several different packages. Based on the Client’s choice, Climb and Sail prepares a pro forma invoice. An individual Contract is deemed concluded on the day of the Client’s signature or upon payment of the reservation without a signature.
At the time of booking, the Client is obliged to inform Climb and Sail of their health status (chronic illnesses, allergies, etc.) and any special circumstances or needs (limited mobility, pregnancy, unaccompanied minors, etc.) that could affect safety or the execution of the trip. Climb and Sail may refuse participation if it believes a person’s health may be at risk or if they may endanger other participants.
A binding reservation is considered to be any written or oral order containing the Client’s and Participants’ details, credit card or payment info, payment of a registration fee, or any conclusive action indicating a binding intent.
ACCURACY OF DATA UPON BOOKING
The Client must provide all relevant documents and data for all Participants. Data must fully match official documents. If incorrect data causes delays or additional costs, the Client is solely responsible for those costs.
PRICE OF SERVICES
Climb and Sail reserves the right to change the price due to changes in currency exchange rates, fuel costs, or carrier fees. The Client must be notified 20 days before departure. If the increase exceeds eight percent (8%) of the contract value, the Client has the right to withdraw from the contract without penalty. In such cases, Climb and Sail shall refund the amount paid within fourteen (14) days.
PAYMENT
Payment terms are stated on the pro forma invoice. The Client confirms the Contract by paying a 50% deposit within three days (or the deadline specified in the offer). The remaining 50% must be paid no later than 40 days before the trip. If the booking is made less than 40 days before departure, 100% payment is required immediately.
SPECIAL AND ADDITIONAL SERVICES
Special services (special diet, extra excursions, extra sports equipment, etc.) are not included in the basic price. These should be requested at the time of booking. If ordered during the trip, they are paid directly to the service provider at local prices.
TRANSFER OF THE TOURIST PACKAGE
A Client may transfer the Contract to a third party who meets all conditions, provided they notify Climb and Sail at least seven (7) days before the start. The original Client and the new Participant are jointly liable for any remaining payments and additional costs arising from the transfer (approx. €25.00).
BOAT CHARTER BROKERAGE
Climb and Sail acts as an intermediary for chartering sailboats, yachts, catamarans, or other vessels between the Client (the Lessee) and the Vessel Provider (charter company, marina, or owner). By concluding the Contract, the Client enters into a direct contractual relationship with the Vessel Provider.
INTERMEDIARY SERVICES
Climb and Sail acts only as an intermediary. It provides information on vessels and technical characteristics but is not responsible for errors resulting from the Vessel Provider’s data. The Vessel Provider remains responsible for the quality and accuracy of the vessel.
BOOKING AND CONCLUSION OF CONTRACT
The process follows the inquiry/offer model. A vessel can be placed “on option” for a maximum of three (3) days, during which it cannot be booked by others. After this, the vessel is released back to the market.
RENTAL PRICE AND PAYMENT
30% deposit to confirm the reservation.
70% balance on destination.
Rental price includes: equipped vessel, third-party insurance, and hull insurance (with deductible/security deposit).
NOT included: Fuel, transit logs, tourist taxes, and mooring fees in other marinas.
OBLIGATIONS OF THE LESSEE
The Lessee (or their designated operator) must hold a valid sailing license and have sufficient navigational knowledge (unless a skipper is hired). The Lessee must return the vessel at the agreed time and place with a full tank of fuel.
SECURITY DEPOSIT AND MANDATORY COSTS
Security Deposit: Must be paid at the marina (cash or card). It is returned if the vessel is undamaged.
Tourist Tax: Paid according to national legislation at the departure country.
Transit Log (Base Costs): Includes final cleaning, gas, and base marina fees.
CANCELLATION AND WITHDRAWAL
If the Lessee cancels:
50% of the price is retained if cancelled up to 5 weeks before.
100% of the price is retained if cancelled less than 5 weeks before.
DAMAGES AND LIMITATION OF LIABILITY
The Lessee must immediately report any damage to Climb and Sail and the Provider. If a breakdown prevents navigation, the Lessee does not automatically have the right to a refund if safe navigation is still possible via classical methods. Climb and Sail is only liable for direct damage caused by its failure as an intermediary, not for issues arising from the relationship between the Lessee and the Vessel Provider.
CLAIMS
Any claims for compensation must be sent via registered mail within eight (8) days after the rental ends. Claims must be based on remarks entered into the “check-in/check-out list.”
Gift certificates
A Gift Voucher is an identification instrument issued in writing by Climb and Sail upon payment. Each gift voucher is marked with its own unique serial number, and Climb and Sail is obligated to accept it as a form of payment. The gift voucher may be used in multiple installments, provided that the value of the Service used by the Client does not exceed the total value of the gift voucher.
The validity period is specified on the gift voucher itself. For any other questions related to gift vouchers, the Client may contact Climb and Sail via the contact email address or telephone number.
Data processing and protection
Climb and Sail collects, processes, and protects all obtained personal data in accordance with the applicable legislation on personal data protection and the EU GDPR regulation.
Climb and Sail primarily processes personal data for the purpose of concluding or fulfilling a contract. By entering into a contract, the Client is deemed to consent to the use of the provided personal data for the purposes of performing the services offered by Climb and Sail, as well as for statistical processing, market research, sending notifications, quality control, and providing information about Climb and Sail’s offers. Climb and Sail notes that in certain cases involving travel services, it is obliged to transmit personal data outside the EU and therefore cannot guarantee the same level of data security as provided by EU regulations.
The obtained personal data of the Client will not be transferred or disclosed to a third party. Climb and Sail reserves the right to disclose data when such disclosure is required by law or when necessary to protect the legal rights of others.
It is deemed that a Client who has entered into a contract has obtained the personal data of fellow passengers (provided during the contract conclusion or the placement of an order) with their consent and knowledge of the content of the contract or order regarding their personal data; the Client is thus exclusively responsible to these fellow passengers for the transmission of their personal data to Climb and Sail.
If the Client does not wish to have their data processed for direct marketing purposes, they may state so at the time of booking. The Client may also, at any time, request in writing that the personal data controller permanently or temporarily ceases using their data for direct marketing purposes. Furthermore, the Client may exercise all other mechanisms for the protection of personal data provided by general national and international regulations.
Dispute resolution and application of law
Climb and Sail will use its best efforts to resolve any disputes amicably. If this is not possible, the court in Ljubljana shall have exclusive jurisdiction over all disputes arising from the relationship between Climb and Sail and the Client. For these General Terms and all disputes between Climb and Sail and the Client, the law of the Republic of Slovenia shall apply exclusively, excluding the rules of private international law that would indicate the application of any other law.
VALIDITY AND AMENDMENTS TO THE GENERAL TERMS
These General Terms and Conditions are valid from March 1, 2021, until their cancellation or amendment on the website climb-sail.com.
Any amendment to the General Terms is valid only if it is published on the website and is accessible to the Client in the same manner as these General Terms. In any event, the Client is bound by the General Terms with which they were acquainted at the time of concluding the contract. In the event of an amendment to the General Terms during the contractual relationship between Climb and Sail and the Client, the changes or the new general terms shall apply only if the Client consents to them. By concluding the contract, each Client agrees to these General Terms.
If any provision of these General Terms is or becomes invalid, unenforceable, or non-binding, the Client and Climb and Sail remain bound by all other provisions of these General Terms, provided that their nature allows them to be applied independently of the invalid, unenforceable, or non-binding provision.