General Terms & Conditions
- Scope of application
- Offers of goods and products
- Offers of sailing instruction and sailing training
- Offers for yacht charter
- Ordering and booking
- Liability
- Storage of the contract text
- Final provisions
1. Scope of application
For the business relationship via www.in2theblue.com between
JKB – The Sailing Academy GmbH
Wasserfallweg 5
9520 Sattendorf
Company registration number: FN 441940 m
hereinafter referred to as the “Seller,” and our customers, the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively.
A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
The law of the Republic of Austria applies. The place of jurisdiction is the Regional and Commercial Court of Klagenfurt.
2. Offers of goods & products
The presentation of the products offered in the web shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions on the seller’s website do not constitute a guarantee.
3. Sailing training & sailing courses
3.1. Theory courses
All theory courses such as FB2 and FB3 are held and organized by Blue-2 The Sailing Academy.
3.2. Practical courses in Punat, Kremik
Blue-2’s practical courses are held by in2TheBlue at the times stated on the invoice. A suitable boat is chartered for the training. The terms and conditions of in2TheBlue apply here.
3.3. Weather conditions, wind
The weather forecast is checked every day during training. It is up to the trainer to decide whether training will take place in bad weather. Wind and rain are assessed for the next few hours. If the wind exceeds 25 knots, training must be canceled within the marina. This is a rule of Marina Punat, which we must comply with. Course corrections with the throttle or steering wheel can be very difficult in strong winds. We will try to make up for the lost time in the following days. If services cannot be provided due to weather conditions, the customer is not entitled to compensation.
3.4. Damage to the boat
If damage to the boat is caused by a gross navigational error on the part of a participant, e.g., throttle reversed instead of forward or rudder not handed over as instructed, so that intervention by the trainer is no longer possible, the damage incurred will be covered by the deposit insurance. The deductible of approximately €70 to €100 is to be paid by the customer. For this reason, the commands for stopping or intervening in the steering wheel are practiced. The course participant is liable for damage to the boat that occurred during the absence of the trainer(s). The deposit insurance does not apply if parts of the boat, such as winch handles, fenders, etc., are lost or a mooring line is caught.
3.5 Risks of sailing
Sailing involves certain risks. All participants in our courses decide for themselves whether they are physically fit enough and willing to take the risks involved in sailing. We recommend that you take out your own insurance for accidents abroad.
3.6. Cancellation of courses & training by IN2THEBLUE
In very rare cases, a course or training session may be canceled by IN2THEBLUE for organizational reasons. All payments already made will be
a.) refunded to the respective customer, or
b.) alternatively, a corresponding replacement date will be offered.
3.7. Complaint process
In the event of a complaint,
a.) the respective skipper or (chief-)instructor must be notified first.
If the complaint is not dealt with satisfactorily,
b.) the administrative office: office@in2theblue.com must be notified.
If the complaint is not dealt with satisfactorily here either,
c.) the respective certifying organization DSV, MSVÖ, or RYA must be notified.
4. Yacht charter
When booking a yacht charter, the terms and conditions as specified separately in the booking form for the respective boat at the time of booking apply.
Translated with DeepL.com (free version)
5. Ordering & Booking
5.1. Ordering process and conclusion of contract
The customer can select services and products from the seller’s range without obligation. To do so, the customer will be redirected to https://blue2.at or https://ws.nausys.com/ and accepts the applicable terms and conditions when booking or purchasing.
When registering for skipper training, the amount invoiced for the training must be paid. This constitutes a binding registration for the training. If the customer cancels up to 6 weeks before the training date, the customer will be charged the amount invoiced for the training. This constitutes a binding registration for the training. If the customer cancels up to 6 weeks before the training date, the customer will be charged the amount invoiced for the training. This constitutes a binding registration for the training. If the customer cancels up to 6 weeks before the training date, the customer will be charged the amount invoiced for the training. This constitutes a binding registration for the training. If the customer cancels up to 6 weeks before the training date, the customer will be charged the amount invoiced for the training. This constitutes a binding registration for the training. If the customer cancels up
When registering for skipper training, the amount invoiced for the training must be paid. This is considered a binding registration for the training. If the customer cancels up to 6 weeks before the training date, 50% of the amount will be refunded to the customer. After that, the full training price must be paid. We recommend taking out cancellation insurance.
When booking a yacht charter, the terms and conditions as stated in the booking form at the time of booking apply.
b) via the “Shopping cart” button, you will be redirected to your own product selection. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking on the “Checkout” button.
By clicking on the “Place order” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the “back” function of the browser or cancel the order process altogether. Required information is marked with an asterisk (*).
The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 2 days, hands it over, or confirms the shipment to the customer within 2 days with a second email, express order confirmation, or by sending the invoice. Acceptance may also take place by means of a payment request sent by the seller to the customer and, at the latest, by completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance date shall be decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract shall be concluded and the customer shall no longer be bound by their offer.
In the case of customers who are companies, the aforementioned period for sending, handing over, or confirming the order is seven days instead of two.
If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If, despite being due, payment has not been received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, the seller shall withdraw from the contract with the result that the order shall be void and the seller shall not be obliged to deliver. The order shall then be completed for the buyer and seller without further consequences. Reservations for items paid for in advance are therefore made for a maximum of 10 calendar days.
5.2. Prices and shipping costs
All prices stated on the seller’s website include the applicable statutory sales tax.
In addition to the prices stated, the seller charges shipping costs for the delivery of goods and products. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5.3. Delivery, availability of goods and products
If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
If delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any payments already made by the customer.
Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are subject to other commitments and agreements and are not fixed dates.
The seller shall not be responsible to customers who are entrepreneurs for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers who are entrepreneurs even in cases of unforeseeable events that affect the operations of a supplier and for which neither the supplier nor the seller is responsible. During the duration of this hindrance, the customer is also released from their contractual obligations, in particular payment. If the delay is unreasonable for the customer, they may withdraw from the contract by written declaration after setting a reasonable deadline or consulting with the seller by mutual agreement.
5.4. Payment terms
The customer can choose from the available payment methods during and before completing the order process.
When registering for skipper training, payment of the invoiced training fees is required for the registration to be considered binding. If the customer cancels up to 6 weeks before the training date, 50% of the fee will be refunded to the customer. After that, the full price must be paid.
If third-party providers are commissioned to process payments, e.g. PayPal, their general terms and conditions apply.
If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
The customer’s obligation to pay default interest does not exclude the seller from asserting further claims for damages caused by default.
The customer shall only be entitled to offset claims if their counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
5.5. Retention of title to goods & products
The delivered goods remain the property of the seller until full payment has been made.
For customers who are entrepreneurs, the following also applies: The seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer is obliged to treat the purchased item with care until ownership has been transferred to them. In particular, they are obliged to insure them adequately at their own expense against theft, fire, and water damage at replacement value, if this is reasonable or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at their own expense. The processing or transformation of the goods subject to retention of title by the customer is always carried out on behalf of the seller. If the goods subject to retention of title are processed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title to the other processed items at the time of processing. The same shall apply to the item created by processing as to the goods subject to retention of title. The customer also assigns the claim to secure the claims against him which arise against a third party through the connection of the goods subject to retention of title with a piece of real estate. The customer must immediately notify the seller of any access by third parties to the goods owned or co-owned by the seller. The customer shall bear any costs incurred as a result of such interventions for a third-party action or costs for an out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller, by way of security, all claims arising from the resale or other legal grounds in relation to the goods subject to retention of title (including all balance claims from current accounts) in full. The seller revocably authorizes the customer to collect the claims assigned to the seller for its account and in its own name. This collection authorization may be revoked if the customer does not properly meet its payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer’s request if their total sales value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 10% (in the event of a realization risk, by more than 50%). The selection of the securities to be released is at the discretion of the seller. Upon repayment of all claims of the seller arising from delivery transactions, ownership of the goods subject to retention of title and the assigned claims shall pass to the buyer. The selection of the securities to be released is at the discretion of the seller.
5.6. Customer account & customer data
Customers can place an order as a guest; a temporary customer account with the necessary data is created for the order. Further information can be found under “Data protection.”
Customers are obliged to provide truthful information in the temporary customer account and to update the information to reflect any changes in their actual circumstances, if necessary (e.g., a change of email address in the event of a move or a change of postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.
The customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and in accordance with the seller’s terms and conditions, using the access masks and other technical access options provided by the seller. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
Insofar as customers store, provide, or otherwise post content or information, hereinafter referred to as “content,” within the customer account, the customers are responsible for this information. The seller does not adopt the content of the customers as its own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal violations posed by the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, reasonableness, and the interests of all parties involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanations, warnings and cautions, and bans from the premises.
After the business relationship has ended, the relevant data will be deleted; an email contact address will remain in the system. Further information can be found under “Data protection.”
5.7. Warranty for material defects and guarantee
The warranty (liability for defects) is determined in accordance with statutory provisions, subject to the following regulations.
A guarantee exists for goods delivered by the seller only if this has been expressly stated. Customers will be informed of the guarantee conditions before initiating the ordering process.
If the customer is an entrepreneur, they must inspect the goods immediately, without prejudice to their statutory obligations to give notice of defects, and notify the supplier of any recognizable material defects in writing immediately, at the latest within two weeks of delivery, and of any non-recognizable material defects immediately, at the latest within two weeks of discovery. Customary deviations in quality, weight, size, thickness, width, finish, pattern, and color that are permissible according to quality standards or are minor are not considered defects.
If the customer is an entrepreneur, the seller shall choose between repairing or replacing the defective goods.
Notwithstanding the liability provisions of these General Terms and Conditions, material defects shall generally become time-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for recourse by the entrepreneur. For used goods, the warranty for customers who are entrepreneurs is excluded.
If the customer who is an entrepreneur has installed the defective item within the meaning of § 439 (3) BGB in another item or attached it to another item in accordance with its type and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item within the scope of subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of recourse by the customer within the supply chain (i.e., between the customer and its customers).
6. Liability & compensation
Notwithstanding other legal requirements for claims, the following exclusions and limitations of liability apply to the seller’s liability for damages.
Participants in sailing courses & sailing training must follow the instructions of the trainers and instructors. At the beginning of the courses & training sessions, reference will be made to the generally applicable safety regulations, as learned during sailing training. The seller accepts no liability for non-compliance with or negligent behavior on board in violation of the generally applicable safety regulations on the part of the customer.
The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for this type of contract. The seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb, or health, for a defect after assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
7. Storage of the contract text
The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order process.
The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. With the order confirmation, but no later than upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions, along with cancellation instructions and information on shipping costs and delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
Customers who are entrepreneurs can receive the contract documents by email, in writing, or via a link to an online source.
8. Final provisions
If individual parts of this contract are void or ineffective, the unaffected parts of the contract remain valid. We reserve the right to correct errors, misprints, and calculation errors. Side agreements, verbal commitments, or changes must be confirmed in writing.
If the buyer is an entrepreneur, subject to other agreements or mandatory legal provisions, the place of performance is the seller’s registered office, while the place of jurisdiction is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the buyer does not have a general place of jurisdiction in the seller’s country of residence. The seller reserves the right to choose another permissible place of jurisdiction.
In the case of entrepreneurs, the law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods, as long as this does not conflict with any mandatory legal provisions.
The contract language is German.
European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.