GENERAL TERMS AND CONDITIONS

These terms and conditions apply in their current version to all events and offers offered by Laguna Nautika d.o.o., Zelena Laguna 5, 52440 Porec, Croatia, (hereinafter referred to as “Laguna Nautika”) itself – also in cooperation with partner companies – and are recognized by the customer by registration. Agreements that deviate from, supplement or cancel these terms and conditions must be made in writing to be effective.

Registration guidelines
We sometimes have limited numbers of participants at our events, which is why places are reserved in the order in which registrations are received. Not only written, but also verbal and telephone registrations as well as registrations by email are legally binding for the registrant. The registration is deemed to have been received upon receipt. Laguna Nautika reserves the right to reject the registration within two weeks, but no later than 5 working days before the start of the course, without giving reasons. Otherwise, no express declaration of acceptance by Laguna Nautika is required for the acceptance of bookings/registrations. The unused expiry of the rejection period shall be deemed as acceptance.

Terms of payment

The participation and deposit fees for all programs are due before the start of the event at the time of booking. These participation and deposit fees can be paid in advance or via PayPal. Remaining payments must be made in cash on site at the start of the event. The respective deposit and participation fees can be viewed at the respective events on the website. All prices are in euros and include all taxes, duties and fees, but are subject to change by the Croatian authorities. Agreed reductions/discounts will be taken into account when the final payment is made; subsequent changes or refunds – even on site – cannot be granted. If no deposit has been paid, the full amount is due on the spot. For bookings of services or charters with no-shows, the full amount is due for payment, unless canceled 10 days in advance. For bookings of less than 10 days (also for charters), the total amount of the service is due in case of no-show.

Covid-Info:
If individual course and exam dates as well as skipper training courses do not take place (prohibited by the authorities) or travel is not possible under any circumstances, you can rebook your date FREE OF CHARGE. The small deposit remains valid indefinitely – until you have completed the course & exam incl. skipper training.

Orders for goods

Orders for goods (scripts, accessories etc.), in whatever form, are binding subject to the right of withdrawal set out in the next point. Ordered goods will only be delivered against cash payment/advance payment. The object of purchase shall remain our property until full settlement of the claims to which we are entitled.

Revocation/cancellations/cancellations of courses
The customer, who is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), may withdraw from a contract concluded at a distance or a contractual declaration made at a distance up to the expiry of the periods specified below without giving reasons. It is sufficient if the declaration of withdrawal is sent within the deadline. The withdrawal period is 14 days.

• In the case of contracts for the provision of services, in particular the holding of courses, the period begins on the day the contract is concluded;
• For charters, the period begins with the booking. Withdrawal period 14 days. There is no right of withdrawal for bookings made less than 14 days before departure.
• the period for withdrawal begins on the day on which the consumer or a third party named by the consumer (not the carrier) acquires possession of the goods;
• if the consumer has ordered several goods with a single order, but they are delivered separately, on the day on which the last goods are delivered;
• in the case of delivery of goods in several partial shipments, on the day on which the consumer takes possession of the last partial shipment;
• in the case of digital content such as electronically transmitted files with course materials, on the day the contract is concluded.

If the right of withdrawal is exercised, we shall reimburse the payments made by the customer step by step and reimburse the necessary and useful expenses incurred by the customer for the goods and return the services received to the customer (whereby the direct costs of returning the goods shall be borne by the customer). We shall charge a reasonable fee for the use, in particular the unnecessary handling of the goods, including compensation for any associated reduction in the fair market value of the goods, if the customer has used or consumed the goods in a manner incompatible with the principles of good faith or unjust enrichment. The acceptance of the services into the custody of the customer is not in itself to be regarded as a reduction in value.
There is no right of withdrawal if the course is held in its entirety before the expiry of the above-mentioned withdrawal period and the customer expressly wishes it to be held and to participate in it before the expiry of the withdrawal period.
The return shipment or return of goods must be made immediately and in any case within 14 days at the latest from the day on which you informed us of the withdrawal. The deadline is met if the customer dispatches the goods before the period of fourteen days has expired. For the refund of the payments made, we will use the same means of payment that you used for the original transaction, unless otherwise agreed.
If a booking is made 14 days or less before the course is held, the customer expressly requests the immediate holding of the course and his participation in it by making the booking in full knowledge of the loss of his right of withdrawal. After expiry of the above-mentioned withdrawal periods or in the case of a booking in accordance with the above paragraph, withdrawal from courses is only possible on the basis of the following provisions. Withdrawal from purchase contracts and contracts for the delivery of digital content is excluded.
Withdrawal from contracts for course participation is possible by means of written cancellation up to 14 days before the start of the course. In the event of cancellation, the cancellation fee corresponds to the respective deposit amount for the course event. In the event of cancellation after this deadline, non-participation without notification, discontinuation or unilateral termination of the course by the participant, we must charge the entire participation fee. If a replacement participant is found, the cancellation fee will be waived.
Course materials cannot be returned in any case. As examination fees must be paid at least 4 days before the examination and are not refunded by the Croatian authorities, examination fees will not be refunded if the participant cancels outside the statutory deadlines.
We reserve the right to cancel announced courses due to compelling reasons (force majeure: e.g. cancellation by the port authority) or if the minimum number of participants is not reached. In this case, any participation fee already paid will be refunded or, if requested, the amount paid will be credited to an alternative date. If the customer wishes to keep the course and examination documents (script, questionnaire, etc.), EUR 80.00 will be charged as compensation. Any further claims for damages are excluded, unless the damage was caused intentionally or through gross negligence by Laguna Nautika or a person for whom Laguna Nautika is responsible.

Default of payment
In the event of late payment, we shall charge interest on arrears at a rate of 8%. We reserve the right to claim higher damages in the event of default.

Program and price changes
Due to long-term planning, organizational program changes are possible. We reserve the right to make changes to the content and timing of courses and examinations. In the event of course cancellations or postponements, we cannot provide any compensation for expenses incurred. The prices can be changed or increased at any time due to decisions, laws, decrees, regulations of the Croatian authorities or due to additional services required. Laguna Nautika is not liable for course fluctuations, price increases and examination changes introduced at short notice by the competent authorities. The training times may be adjusted due to cancelations by other participants. In particular for the yacht training courses that can be booked on our homepage, 2x 4 hours of training applies for 2 or more participants and only 1x 4 hours of training for one participant.

Liability
Laguna Nautika is not liable for items brought along, in particular clothing, valuables, money and course documents, unless the damage was caused by Laguna Nautika due to intent or gross negligence.

Conditions of participation in driving practice and skipper training courses
Training courses are conducted on approved and appropriately insured boats and yachts. The skipper/trainer will do everything possible to minimize the risks of yachting.

In the interest of the safety of the training participants, changes to the program or the final decision – irrespective of the current distribution of tasks on board in accordance with the training program – are in any case the responsibility of the trainer. The participant assures that he/she can swim and is in good health to cope with the stresses and strains of a sea voyage. The skipper must be informed of any health risks that the customer may have with regard to the voyage before the start. Any illness or sudden changes in health such as nausea, dizziness, pain, palpitations or similar must be reported to the trainer immediately and training must be stopped if necessary. The organizer accepts no liability for damage to property, loss, theft, delays, etc., unless caused directly by gross negligence or intent on the part of the organizer (breach of duty). The participant shall indemnify the organizer against all liability claims to the extent permitted by law. Participants should have private accident insurance. We recommend taking out a personal insurance package (accident, liability, health insurance). There is no entitlement to compensation if circumstances or damage occur during the event due to force majeure (bad weather, etc.) that make it impossible to continue the event. If the failure of facilities on board does not allow the safe continuation of the event, a layover in port must be accepted in order to repair the damage. Claims for damages cannot be made on this basis. If it is subsequently not possible to continue the event, the course fees will be refunded in proportion to the duration of the event or an alternative date will be agreed. No further claims can be made. In all other respects, the cancellation conditions under “Cancellations/Course Cancellations” of these General Terms and Conditions apply. If the total number of participants (4) is not reached, the duration of the skipper training (approx. 5 hours) may be reduced by approx. 1-2 hours (depending on the number of participants), as individuals or couples can use the time on board more intensively. The selection of boats and yachts depends on capacity utilization (charter use) and is made by the respective base manager or trainer on site. In principle, motor sport boats with a length of approx. 6-7 meters/approx. 90-270 hp (motorboat driving practice) or yachts with a length of approx. 9-11 meters/two engines/approx. 300-600 hp (motor yacht skipper training) are used.

Yacht charter and boat charter
Laguna Nautika arranges the use of boats and yachts for the customer on behalf of various boat or yacht owners (charter). The respective charter terms and conditions of the boat and yacht owners and, if applicable, of third-party agencies and the charter contracts to be concluded separately, which we will conclude with you on behalf of the boat and yacht owners, therefore apply to the use of boats.

Recordings
The taking of pictures, video or sound recordings of the learning material, the lecture or of persons and event rooms during the events and examinations is not permitted.

Other information
We reserve the right to make subsequent changes due to printing errors. We accept no liability for any printing errors in our advertising material. Should a provision or part of a provision be or become invalid, the remaining provisions or the remaining part of the provision shall remain valid.

Applicable law
It is agreed that Croatian law shall apply with the exception of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

Place of jurisdiction: Pazin, Croatia.

Note in the sense of the Equal Treatment Act
In the interests of easier readability, the terms, designations and job titles used are often only used in a gender-specific formulation. It goes without saying that all events are open to both genders equally.