Agreement

Hey there, future Crewmember!

With the help of the crew contract, we would like to make you aware that there are certain risks associated with the sport of sailing. Additionally, there are some prerequisites for the safe practice of sailing and for pleasant and secure coexistence aboard the yacht that must be strictly observed. By making your booking, you agree to the terms of the crew contract.

In the context of the crew contract, “crew” refers to the entire travel group, including the skipper, while “crew member” refers to each individual participant.

All participants declare that they:

  • Have health insurance with individually appropriate and sufficient coverage that is valid in the respective travel destination and for sailing activities (please confirm with your health insurance provider prior to travel whether your coverage applies to sailing),
  • Are able to swim freely for at least 20 minutes, and
  • Have no physical or medical concerns or limitations that would prevent participation in sailing activities. If a participant has a medical condition or other limitations, participation must be discussed with the appropriate doctor in advance. In cases of doubt about sailing fitness, Wild Ventures must be notified prior to booking, and fitness for sailing must be proven with a medical certificate. In any case, the skipper must be informed at the beginning of the sailing trip about relevant medical conditions (e.g., diabetes, allergies, epilepsy). Any required assistance measures must be explained and authorized, with the skipper being released in writing from all responsibility and/or liability for negligence in the context of such assistance measures by signing the document “Liability Waiver for Medication.”

All crewmembers will be briefed on general onboard behavior and the safety equipment prior to the sailing trip. Each individual is responsible for their own safety and must take the necessary safety measures for themselves, whether onboard, in the water, or on land. For instance, each crewmember is personally responsible for wearing a life jacket and/or a lifebelt when required or instructed by the skipper.

All activities related to the sailing trip (e.g., shore excursions, vehicle rentals, sports events, etc.) are undertaken at the participants' own risk; Wild Ventures and the skipper do not provide any guidance or supervision for such activities. Any liability by Wild Ventures or the skipper for damages resulting from these activities is expressly excluded. For example, but not limited to, we emphasize the participants’ own risk during excursions with rented vehicles, scooters, or quads. In such cases, the document “Optional Rental Vehicles” must be signed.

In the event that the sailing trip is combined with one or more other sports or outdoor activities (e.g., Sail & Climb), it is explicitly stated that these activities are undertaken solely at the participants' own responsibility. The skipper may participate in these activities but does not provide any guidance or assume any liability for other participants.

A crew cashbox will be set up to cover the costs arising from the sailing trip, such as provisions, fuel, and other ongoing monetary or material expenses, as well as shared restaurant visits or land-based activities. This cashbox will be equally shared among the crewmembers. Following traditional maritime custom, the skipper is not included in the crew cashbox.

The exact amount of the crew cash box varies from crew to crew, depending on personal preferences or factors such as the frequency of restaurant visits and land excursions. If a crewmember needs to leave earlier, it is solely the responsibility of the crewmembers—and not Wild Ventures—to ensure that any discrepancies in contributions are settled among themselves.

All crewmembers and the skipper are jointly responsible for life aboard the yacht. Sailing is a group activity that requires the attention and consideration of every individual toward their fellow crewmembers. Both the skipper and the crewmembers mutually exclude any liability for property damage caused by negligence. This exclusion of liability does not apply in cases where damages were caused by gross negligence, intent, or are covered by a liability insurance policy.

IMPORTANT NOTE: Damages caused by one crewmember to another or to the skipper are generally not covered by personal liability insurance, as sailing is considered a "high-risk sport," and liability in this context is often excluded by insurance companies. We therefore recommend checking with your insurance provider beforehand to confirm whether such exclusions apply.

The skipper is solely responsible for the navigation and management of the vessel, in accordance with the required maritime diligence, as well as for the nautical supervision of the crewmembers. All crewmembers must follow the skipper's instructions while onboard. The skipper oversees the sailing-related activities of the crewmembers and imparts nautical knowledge. Accordingly, the skipper may and should assign individual crewmembers specific, clearly defined nautical tasks. No gross negligence can be inferred from the skipper's behavior alone, provided these tasks have been explained and are reasonable for the crewmembers to perform.

At the beginning of the trip, one crewmember will be designated as co-skipper, who will assume the skipper's rights and responsibilities in the event of the skipper's incapacity (e.g., inability to make decisions or unintended absence from the vessel).

In exceptional cases, the skipper may prohibit alcohol consumption onboard. Otherwise, there is no general ban on alcohol, but each crewmember must respect their own limits to avoid creating risks for themselves or others.

The entire crew is responsible for ensuring that the yacht remains in excellent condition throughout the trip. Similarly, the crewmembers are collectively responsible for the safe operation and use of the yacht.

The yacht is insured by the charter company in accordance with local standards, including liability and comprehensive insurance. The deposit provided by Wild Ventures includes a deductible of €50 per crewmember for damages not caused by gross negligence or intent. This deductible will be shared equally among the crewmembers in the event of damage. For details on gross negligence and intent, refer to Section 7 of this contract.

The skipper is responsible for conducting the yacht handover (the so-called "check-out") after the sailing trip and confirming its accuracy with their signature. Whenever possible, the skipper should conduct the check-out while all participants are still present.

IMPORTANT NOTE: If a participant departs before the check-out is completed, they must be aware that any damages discovered during the check-out, even if the yacht initially appears to be in perfect condition, must be covered by the crew. In such cases, damage compensation will be arranged among the crewmembers after the trip via bank transfer.

The liability provisions mentioned in Sections 4 and 6 address the everyday risks of sailing and are a prerequisite for carefree participation. These provisions explicitly do not apply in cases of gross negligence or intent. In such instances, the responsible party is personally liable for the full extent of the damages. The deductible of €50 per crewmember, as outlined in Section 6, does not apply in cases of gross negligence or intent.

The crewmembers are generally fully and equally liable among themselves for the dinghy, outboard motor, SUPs, kayaks, and other additional equipment rented in advance or on-site through Wild Ventures or directly from the charter company. This liability applies regardless of which crewmembers caused a specific damage, except in cases of gross negligence or intent by an individual. Consequently, the liability limitation of €50 per crewmember does not apply in these cases.

All participants agree to comply with the applicable laws of the respective travel destination and commit to informing themselves about the relevant laws prior to the trip.

This crew agreement is governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Sales Convention (CISG - United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980) and any provisions of international private law referring to it. Munich is agreed as the exclusive place of jurisdiction.

If any individual provisions of this agreement are or become invalid, either in whole or in part, the legal validity of the remaining provisions shall not be affected. The crewmembers hereby commit to entering into an additional agreement in such a case, which most closely approximates the invalid provisions, both legally and economically. Similarly, the crewmembers are required to make such an agreement if any provisions of this agreement are found to be incomplete in any way.

Scroll to the top