Travel Conditions of Join The Crew

Dear Travelers,
The following provisions, if effectively agreed upon, become part of the package travel contract concluded between you, the customer or participant, and the company Wild Ventures Sp. z o.o., operating under the brand "Join The Crew," hereinafter abbreviated as "Wild Ventures." They supplement the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code) and expand upon them. Please read these travel conditions carefully before booking!

§1 Definitions

1. The natural person who registers for and participates in the trip is hereinafter referred to as the participant in these terms and conditions.
2. The company Wild Ventures Sp. z o.o., ul. Kobierzycka 19B, 50-502 Wroclaw, Poland, represented by its Managing Director, Mr. Dominik Grotowski, is hereinafter referred to as the organizer or abbreviated as "Wild Ventures."
3. The person responsible for on-site organization is referred to as the group leader in these terms and conditions.
4. If the trip involves overnight accommodation on a boat, this trip or part of the trip is referred to as a "cruise." Specific regulations apply to cruises as stipulated in these travel conditions, provided they are explicitly stated as applicable to cruises. All other provisions apply to all trips, whether cruises or "land tours," which encompass all trips or trip components that are not cruises. The term "trip" or "package tour" refers to both cruises and land tours.
5. Group bookings are bookings of cruises or land tours where a group reserves an entire boat or land tour exclusively, excluding additional external bookings. In such cases, the "group leader" assumes responsibility for the organizational process and booking procedure. The specific provisions outlined in §14 for group bookings apply.
6. The term "group leader" also refers to anyone who rents an entire boat from the organizer on behalf of a group (group booking). The regulations applicable to participants also apply accordingly to the group leader.

 

§2 Registration for the Trip; Conclusion of the Package Travel Contract

1. The registration form, the detailed trip offer, and the general terms and conditions are accessible on the website: https://join-the-crew.com.
2. Before registering for the trip, every participant is obliged to familiarize themselves with the details of the offer, the general terms and conditions, and general information on applicable passport and visa regulations for the respective travel destinations. Pre-contractual information provided by Wild Ventures regarding the essential characteristics of travel services, the travel price, all additional costs, payment modalities, the minimum number of participants, and cancellation fees (in accordance with Article 250 §3 Numbers 1, 3 to 5, and 7 EGBGB) will only not become part of the package travel contract if explicitly agreed upon between the parties. The same applies to health requirements, specific risks to life and health in the travel areas, and the possibility of obtaining additional insurance to cover such risks.
3. In its trip offer on its website, Wild Ventures may publish a list of documents whose acceptance and signing are mandatory for participation in a specific trip and may require their submission or procurement by a specific deadline. These mandatory documents for participation may include:
   • Liability waivers for optional rides with locally rented scooters/vehicles
   • Liability waivers related to participant pathology/medication use
   • Liability waivers for road trips
   • Crew agreements for cruises and/or land tours
   • Other trip-specific declarations or liability waivers by the participant
     Failure to provide such signed documents or their timely submission may be considered a withdrawal from the trip, for which the participant is responsible. In such cases, withdrawal does not need to follow the form stipulated in §2 Sec. 6.
4. Participants register for the trip by correctly filling out and submitting the registration form on the organizer's website. All information provided in the registration form must be accurate. Providing false information may be considered a withdrawal, for which the participant is responsible. In such cases, withdrawal does not need to follow the form stipulated in §2 Sec. 6. Submitting the booking by clicking the "book with payment obligation" button does not entitle the customer to conclude a package travel contract as per their booking specifications. Wild Ventures is free to decide whether to accept the customer's contractual offer. By submitting the registration form, the customer makes a binding offer to conclude the package travel contract with Wild Ventures. The customer is bound by their booking for seven days.
5. Registration for a land tour by a minor is not permitted. Registration for a cruise by a minor (minimum age: 16 years) must be made by their legal guardians, who assume responsibility for the minor participant for the entire duration of the sailing trip. The contract remains conditionally valid until written confirmation is received from the legal guardian.
6. To transmit essential information or declarations regarding the trip, the organizer will contact the participant via electronic mail and, in some cases, by phone. Therefore, it is essential to provide contact details in the registration form that allow for effective communication.
7. The contract is concluded upon the receipt of the travel confirmation (acceptance declaration) by Wild Ventures. Upon or immediately after the conclusion of the contract, Wild Ventures will provide the customer with a legally compliant travel confirmation on a durable medium (enabling the customer to store or save the information in an unaltered form for a reasonable period, e.g., on paper or via email), unless the traveler is entitled to a paper confirmation under Art. 250 §6 Sec. (1) Sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside business premises. Participants should only organize their travel arrangements after receiving confirmation from Wild Ventures.
8. By registering for the trip, the participant declares that their physical and mental health allows them to participate in the trip and the activities included in the offer. In case of doubt regarding the fulfillment of these conditions, the participant must contact the organizer before registering. If, after booking, the organizer determines that the participant does not meet the conditions stated in this paragraph, the organizer has the right to terminate the contract with immediate effect without adhering to the form stipulated in §2 Sec. 6. Exercising this right will not be considered a termination for reasons attributable to the organizer.
9. All personal and contact information provided by the participant to the organizer for registration or subscription to the newsletter will only be used by the organizer for the organization of the package tour or marketing purposes and will not be shared with third parties. Participants may revoke their consent for marketing purposes, such as newsletter subscriptions, at any time.

§3 Payment Conditions

1. For bookings made more than six weeks before the start of the trip, participants must pay 30% of the trip price as a deposit within seven days of the contract's conclusion. The remaining balance must be paid no later than six weeks before the trip's start date.
2. For bookings made six weeks or less before the start of the trip, participants must pay 30% of the trip price within seven days of the contract's conclusion. In all cases, participants must have paid the full trip price before the start of the trip.
3. For bookings made seven days or less before the trip's start date, payment must be made within 24 hours.
4. If the customer fails to make the deposit and/or final payment according to the agreed payment deadlines, even though Wild Ventures is ready and able to fulfill the contractual services, has met its legal information obligations, and there is no legal or contractual right of offset or retention by the traveler, and if the traveler is responsible for the payment delay, Wild Ventures is entitled to withdraw from the package travel contract after issuing a reminder with a deadline and charging the traveler with cancellation costs in accordance with Section 5.

§4 Changes to Contractual Terms Before the Trip That Do Not Concern the Travel Price

1. Deviations in essential characteristics of travel services from the agreed content of the package travel contract that become necessary after the contract is concluded and are not caused by Wild Ventures in bad faith are permitted before the trip's start, provided the deviations are insignificant and do not affect the overall nature of the trip.
2. For cruises, replacing the yacht or boat with another vessel of comparable standard is generally not considered a significant change to the contractual conditions or content.
3. Wild Ventures is obliged to inform the customer of service changes immediately after becoming aware of the reason for the change, clearly, understandably, and prominently, on a durable medium (e.g., via email, SMS, or voice message).
4. In the event of a significant change to an essential characteristic of a travel service or deviation from specific requirements of the customer that became part of the package travel contract, the customer has the right to accept the change or withdraw from the contract free of charge within a reasonable period set by Wild Ventures when notifying the change. If the customer does not explicitly declare their withdrawal from the contract within the set deadline, the change is deemed accepted.
5. Warranty claims remain unaffected if the modified services are defective. If Wild Ventures incurs lower costs for conducting the modified trip or an offered substitute trip of equivalent quality at the same price, the customer is entitled to a refund of the difference in accordance with §651m Sec. 2 BGB.

§5 Withdrawal from Participation in a Trip by the Participant

1. The participant can withdraw from the trip at any time. The date of withdrawal will be deemed to be the day the participant’s declaration of withdrawal is received by the organizer. Participants are advised to submit their withdrawal in written form.
2. If the organizer offers discounted rates after the booking, the participant is not entitled to cancel/withdraw and then rebook to take advantage of the discounted rate. In such a case, the price of the initial, non-discounted booking will apply.
3. If the customer withdraws from the trip prior to its start or does not show up, Wild Ventures forfeits its claim to the travel price. Instead, Wild Ventures may demand reasonable compensation unless the withdrawal is attributable to Wild Ventures. Wild Ventures cannot claim compensation if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, which significantly impair the performance of the package tour or the transportation of persons to the destination. Circumstances are considered unavoidable and extraordinary if they are beyond the control of the invoking party and could not have been avoided even if all reasonable precautions had been taken.
4. Wild Ventures has established the following compensation flat rates, taking into account the time period between the withdrawal declaration and the trip start, as well as expected savings in expenses and possible alternative use of travel services. Compensation will be calculated based on the date of receipt of the withdrawal declaration as follows:
   • Up to 90 days before the trip starts: 10% of the travel price
   • 89–60 days before the trip starts: 30% of the travel price
   • 59–45 days before the trip starts: 50% of the travel price
   • 44–30 days before the trip starts: 70% of the travel price
   • 29–1 day before the trip starts: 85% of the travel price
   • In case of no-show: 90% of the travel price
5. Flexible Cancellation Option:
   Participants may book the Flexible Cancellation option for selected trips, allowing for cost-effective cancellation or rebooking up to 21 days prior to the start of the trip without giving a reason:
   • For rebooking earlier than 2 months before the trip starts, the Flexible Cancellation option will carry over to the new booking.
   • For cancellation or rebooking between booking date and 21 days before the trip, the desired change will be made free of charge, with the Flexible Cancellation fee retained.
     The Flexible Cancellation option can be booked up to 7 days after receipt of the travel confirmation, but no later than 21 days before the trip starts.
6. The customer is entitled to demonstrate to Wild Ventures that the organizer suffered no or significantly less damage than the compensation demanded.
7. Compensation flat rates under §5.3 are considered inapplicable if Wild Ventures proves significantly higher expenses than the calculated flat rate. In this case, Wild Ventures is obligated to itemize and justify the higher compensation, considering saved expenses and alternative use of travel services.
8. If Wild Ventures is obligated to refund the travel price due to withdrawal, §651h para. 5 BGB remains unaffected.
9. The statutory right of the customer under §651e BGB to request, by notifying Wild Ventures on a durable medium, that a third party assumes the rights and obligations of the package travel contract in their place remains unaffected by these terms. Such a declaration is considered timely if it reaches Wild Ventures at least 7 days before the trip starts.
10. Taking out travel cancellation insurance and insurance covering repatriation costs in the event of accident or illness is strongly recommended.

§6 Information on the Right of Withdrawal

Wild Ventures points out that, pursuant to legal provisions (§312 para. 7, BGB), there is no right of withdrawal for package travel contracts under §§651a and 651c BGB concluded via distance communication (letters, catalogs, phone calls, fax, emails, SMS, broadcasting, online services, etc.). Instead, only the statutory rights of withdrawal and termination, particularly the withdrawal right under §651h BGB (refer to §5), apply.

However, a right of withdrawal exists if the travel contract is concluded outside business premises, unless the oral negotiations on which the contract is based were conducted upon the consumer's prior request; in this latter case, no withdrawal right exists either.

§7 Rebooking

1. Rebooking earlier than 2 months before the trip starts is free of charge.
2. In the case of rebooking 2 months before the chosen start date or later, fees will be charged in accordance with the rates for withdrawal from participation.
3. If the originally booked trip date becomes fully booked with full-paying participants, the participant will receive a voucher valid for 1 year, reduced by €50 for processing fees. All other payments will be transferred to the new trip. The voucher will be issued within 14 days after the start of the rebooked trip.

§8 Contractual Right of Cancellation by the Organizer for Cruises and Land Tours

1. In the event of unforeseeable complications related to organizing a cruise or an individually arranged land tour, the organizer expressly reserves the right to cancel the specific trip up to 3 months before its start. Following the cancellation, the participant will be refunded the amount paid without any deductions (see §5.8 accordingly).
2. The organizer also reserves the right to cancel the cruise or land tour at any time for unavoidable and extraordinary reasons (governmental decisions, force majeure, etc.).
3. The cancellation right due to non-attainment of the minimum participant number under §10 remains unaffected.
4. If a cruise or land tour must be canceled for reasons beyond the organizer's control, the parties mutually agree that the participant will receive a voucher equivalent to the full price of the trip instead of a refund. This voucher can be used to book any other cruise or land tour. A cash refund is not provided.
5. Participants will be notified of trip cancellations exclusively via email.
6. The organizer is fully liable for damages in cases of intent and gross negligence according to statutory provisions. For damages resulting from injury to life, body, or health, the organizer is also liable for simple negligence. Beyond this, no further liability exists.

§ 9 Booking of Half Double Rooms or Multi-Bed Rooms

1. When booking a half double room or multi-bed room, there is expressly no entitlement to accommodation exclusively with same-gender room partners. During the trip, every effort will be made to find a suitable solution for all participants on-site. However, if this is not possible, the participant will be accommodated in a double or multi-bed room (as booked and confirmed) with participants of the opposite gender. If this is not acceptable to the participant, a single room must be booked definitively.
   If the participant is not in agreement with the agreed mixed-gender occupancy in the booked room type, Wild Ventures explicitly states that this does not constitute grounds for a free rebooking to another trip offered by the organizer or for free cancellation or termination of the booked trip.

§ 10 Withdrawal Due to Failure to Reach the Minimum Number of Participants

1. Wild Ventures may withdraw from the trip if the minimum number of participants is not reached, subject to the following conditions:
   • The minimum number of participants and the latest date for the withdrawal declaration by Wild Ventures must be stated in the pre-contractual information.
   • Wild Ventures must specify the minimum number of participants and the latest withdrawal date in the travel confirmation.
   • Wild Ventures is obligated to inform the customer of the trip cancellation immediately if it becomes clear that the trip cannot take place due to failure to meet the minimum number of participants.
   • Wild Ventures will not demand the remaining payment until it is certain that the trip will not be canceled for this reason.
2. If the trip is not conducted for this reason, the customer will promptly receive a refund of payments made toward the trip price. Section 5.8 applies accordingly.
3. The participant will be informed of the trip cancellation exclusively via electronic mail.

§ 11 Rights and Duties of the Participant

1. The participant is obligated to carry all necessary documents required for border crossings in their home country and the destination country during the trip.
2. The participant must always ensure that they do not pose a danger to themselves or other fellow travelers.
3. The consumption of any illegal substances is strictly prohibited and may lead to immediate exclusion from the trip, without compensation to the participant.
4. In cases of severe and persistent breaches of order by a participant during the trip that threaten the interests or safety principles of the group, the organizer may prohibit the participant from continuing the trip, without compensation to the participant. In such cases, all costs for the participant's continued stay abroad and return home will be borne solely by the participant.
5. The participant must comply with the customs and currency regulations of the destination country.

§ 12 Complaint Notification / Request for Remedy

1. If the trip is not provided free of travel defects, the participant may request a remedy.
2. If Wild Ventures is unable to provide a remedy due to the participant’s failure to promptly notify them of defects, the participant may not claim reductions in price under § 651m BGB or compensation under § 651n BGB.
3. The participant is required to notify Wild Ventures’ representative on-site of any defects immediately. If no representative is present or contractually required, any travel defects must be reported to Wild Ventures via the contact details provided. The participant may also notify their travel agent through whom the package holiday was booked.
4. Wild Ventures’ representative is authorized to provide remedies if possible. However, they are not authorized to acknowledge claims.
5. Deadline Before Termination
   If the participant wishes to terminate the package travel contract due to a travel defect under § 651l BGB, they must first set a reasonable deadline for Wild Ventures to provide a remedy. This does not apply if Wild Ventures refuses to provide a remedy or immediate remedy is necessary.
6. Luggage Damage and Delay in Air Travel: Special Rules & Deadlines for Remedy Requests
   The participant is advised that luggage loss, damage, or delay in connection with air travel must be reported immediately on-site to the responsible airline via a damage report ("P.I.R."). Airlines and Wild Ventures may deny compensation based on international agreements if the damage report is not completed.
   • Damage to luggage must be reported within 7 days.
   • Delays must be reported within 21 days after the luggage is handed over.
     In addition, loss, damage, or misdirection of luggage must be promptly reported to Wild Ventures, its representative, or its contact point, or the travel agent. This does not exempt the participant from submitting the damage report to the airline within the above-mentioned deadlines.

§ 13a Course of the Trip – Land Tours

1. The organizer provides accommodation with a representative of the organizer.
2. The organizer expects an active and flexible approach from participants to address any problems encountered during the trip.
3. The organizer is not responsible for changes or inconveniences outside their control (e.g., force majeure, government decisions) and reserves the right to adjust the program or replace the local partner for activities.
4. The organizer will not reimburse for services not fully utilized due to reasons within the participant's responsibility, such as late arrival, voluntary withdrawal from part or all of the trip.
5. The organizer assumes no responsibility for items destroyed, stolen, or left behind during or after the trip.
6. Participants are solely responsible for damages caused by gross negligence or intentional misconduct.

§ 13b Course of the Trip – Sailing Voyages

1. The organizer provides a yacht with a skipper and reserves the right to appoint an English-speaking skipper at short notice if necessary.
2. Participants are expected to approach all problems encountered during the trip with an active and flexible mindset.
3. The organizer cannot guarantee that all components of the yacht will function perfectly. Yachts have many parts that operate under extreme conditions. Occurrences and repairs are part of yachting. Significant technical issues will be resolved by a mechanic representing the charterer. Minor issues may require the participant’s assistance if it is within their ability.
4. Repairs during the sailing voyage may result in unplanned port stays. Such stays are legally insignificant if they do not exceed:
   • 24 hours for trips up to 1 week
   • 48 hours for trips up to 2 weeks
   • 72 hours for trips longer than 2 weeks
5. The organizer is not responsible for changes or inconveniences outside their control (e.g., force majeure, government decisions) and reserves the right to alter the route, number, and order of ports visited.
6. The organizer will not reimburse for services not fully utilized due to reasons within the participant's responsibility.
7. If the sailing voyage cannot be started or continued on the specified yacht for reasons beyond the organizer's control, the organizer may replace the yacht with another of similar standard. This does not entitle participants to compensation.
8. The organizer assumes no responsibility for items destroyed, stolen, or left behind during or after the trip.
9. Participants are solely responsible for damages caused by gross negligence or intentional misconduct.
10. Damages to the yacht not caused by gross negligence or intentional misconduct are covered by Wild Ventures. The yacht is insured under local liability and comprehensive policies. Damages up to €50.00 per person are shared among participants through the onboard cash fund, excluding the skipper.
11. The yacht's insurance does not cover damages sustained by participants during the trip. Participants are advised that many private liability insurers exclude sailing as a risky activity. Insurance coverage may be obtained through a "berth insurance" policy.
12. If the yacht is delayed, the organizer will not compensate for missed return flights. Participants are advised to allow for time buffers and purchase flight cancellation insurance.

 

§ 14 Group Bookings

1. For group bookings under § 1.5 f., the group leader is solely liable for the contractual obligations of all listed persons toward the organizer.
2. If a group leader requests a customized itinerary, the performance obligation arises solely from the corresponding offer and booking confirmation. Even with customized itineraries, the organizer may alter the itinerary due to weather or safety concerns, at the discretion of the skipper or organizer’s management.
3. All provisions of these general terms and conditions apply to group bookings.

§15 Limitation of Liability

1. Wild Ventures is not liable for performance disruptions, personal injury, or property damage in connection with services that are only mediated as third-party services (e.g., excursions, sports events, exhibitions, transport services to and from the advertised starting and ending location), if these services are explicitly marked as third-party services in the travel advertisement and booking confirmation, including the identity and address of the mediated contractual partner, in such a way that they are clearly recognizable as not being part of Wild Ventures' travel services.
   This does not apply if:
   a. Wild Ventures has caused damage to the participant through breach of information, clarification, or organizational duties.
   b. Wild Ventures has assumed the responsibility for the service.

3. Any claims for damages against Wild Ventures are limited or excluded to the extent that international agreements or statutory provisions based on such agreements apply to the services to be provided by a service provider, according to which a claim for damages can only arise under certain conditions or restrictions or is excluded under certain conditions.
4. Wild Ventures is not liable for defects, personal injuries, or property damages in connection with third-party services or additional activities that the participant books directly on-site with third-party providers and which were not arranged by Wild Ventures as part of the package travel agreement.

§16 Data Protection and Privacy

1. Wild Ventures processes personal data of the participant in accordance with the applicable data protection laws. Personal data are processed to fulfill and execute the travel contract, including booking and payment processes, and to meet statutory requirements.
2. For more details about the processing of personal data, the participant is referred to Wild Ventures' privacy policy, which is provided during the booking process and can be accessed online at any time.
3. The participant agrees to the transfer of personal data to third parties, insofar as this is necessary for the execution of the contract. This includes, for example, hotels, transportation companies, and local operators.

§17 Final Provisions

1. The invalidity of individual provisions of the travel contract or these general terms and conditions does not result in the invalidity of the entire contract or terms and conditions. In place of the invalid provision, a valid provision that comes as close as possible to the economic intent of the invalid provision shall apply.
2. All claims against Wild Ventures must be submitted in writing to the company address provided within one month after the contractual end of the trip. Claims submitted after this period will not be considered unless the participant was prevented from complying with the deadline through no fault of their own.
3. The participant can only bring legal action against Wild Ventures at its registered office. Legal action by Wild Ventures against the participant can be brought at the participant’s place of residence. For lawsuits against participants who are merchants, legal entities under public or private law, or persons who have their place of residence or usual domicile abroad, or whose place of residence or usual domicile is unknown at the time the lawsuit is filed, the place of jurisdiction is the registered office of Wild Ventures.
4. The law of the Federal Republic of Germany applies exclusively to the travel contract and all associated legal relationships.
5. These terms and conditions are subject to change. Changes will be communicated to participants in advance and will take effect from the date specified.