1. Scope
2. Offers of Goods & Products
3. Offers for sail training & sailing courses
4. Offers for yacht charter
5. Order & Booking
6. Liability
7. Storage of the Contract Text
8. Final Provisions

1. Scope

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 “Seller”, and our customers, only the following General Terms and Conditions in their version valid at the time of the order shall apply.

A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

Deviating conditions of the customer are not 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 webshop does not constitute a legally binding offer, but an invitation to place an order. Descriptions on the Seller’s website do not have the character of a guarantee.

3. Sail training & Sailing Courses

3.1. Theory Courses

All theory courses such as FB2, FB3 are conducted and organized by Blue-2 The Sailing Academy.

3.2. Practical Courses in Punat, Kremik

The practical courses of Blue-2 are conducted by in2theblue at the times stated in the invoice. A suitable vessel will be chartered for the training. The terms and conditions of in2theblue apply here.

3.3. Weather Conditions, Wind

During training, the weather forecast is checked daily. It is up to the trainer whether a training session is conducted due to bad weather. Wind and rain in the coming hours are assessed. If the wind exceeds 25 knots, the training must be canceled within the marina. This is a regulation of Marina Punat that we must adhere to. Course corrections on the throttle or steering can be very difficult in strong winds. Efforts will be made 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

Should damage occur to the boat that is attributable to a gross operating error by a participant, e.g., reverse throttle instead of forward or rudder not handed over as instructed, making intervention by the trainer impossible, the resulting damage will be settled via the deposit insurance. The deductible of approx. €70 to €100 is to be paid by the customer. For this reason, the commands to abort or intervene in the steering wheel are practiced. The course participant is liable for damage to the boat that occurred in the absence of the trainer(s). The deposit insurance does not apply if parts of the ship, such as winch handles, fenders, etc., are lost or a mooring is caught.

3.5 Risks of Sailing

Sailing involves certain risks. All participants in our courses decide on their own responsibility whether they have the appropriate physical fitness and want to take the risks involved in sailing. We recommend taking out separate insurance for accidents abroad.

3.6. Cancellation of Courses & Training by in2theblue

In very rare cases, a course or training may be canceled by in2theblue in advance for organizational reasons. All payments already made will be
a.) refunded to the respective customers, or
b.) an appropriate alternative date will be offered.

3.7. Complaint Procedures

In case of complaints,
a.) the respective skipper or instructor must first be notified.
If the complaint is not handled satisfactorily here,
b.) the administrative office office@in2theblue.com must be notified.
If the complaint is still not handled satisfactorily here,
c.) the respective certifying organization DSV (Germany), MSVÖ (Austria) or RYA (UK & international) must be notified.

4. Yacht Charter

When booking a yacht charter, the terms and conditions as separately communicated in the booking form at the time of booking for the respective boat apply.

5. Order & Booking

5.1. Ordering Process and Contract Conclusion
The customer can select services & products from the Seller’s assortment without obligation; the customer will be:

a) redirected to https://blue2.at or https://ws.nausys.com/ and accepts the respective valid terms and conditions upon booking or purchase.

When registering for skipper training, the invoiced training amount must be paid. This counts as a binding registration for the training. In case of cancellation by the customer up to 6 weeks before the training date, 50% 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 communicated in the booking form at the time of booking apply.

b) redirected to their own product selection via the button: “Shopping Cart”. Within the shopping cart, the product selection can be changed, e.g., deleted. Subsequently, the customer can proceed to complete the ordering process within the shopping cart via the “Checkout” button.

By clicking the “Order with obligation to pay” button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and, using the browser’s “back” function, return to the shopping cart or cancel the entire ordering process. Required information is marked with an asterisk (*).

The Seller will then send the customer an automatic confirmation of receipt by e-mail, 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 offer. The purchase contract is only concluded when the Seller ships or hands over the ordered product to the customer within 2 days, or confirms the shipment to the customer within 2 days with a second e-mail, explicit order confirmation, or sending of the invoice. Acceptance can also take place through a payment request sent by the Seller to the customer and, at the latest, through the completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the Seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound by their offer.

In the case of corporate customers, the aforementioned period for shipping, handover, or order confirmation is seven instead of two days.

Should the Seller enable prepayment, the contract is concluded with the provision of bank details and payment request. If payment, despite being due, has not been received by the Seller within 10 calendar days after sending the order confirmation, even after a renewed request, the Seller withdraws from the contract, with the consequence that the order is void and the Seller has no delivery obligation. The order is then settled for the buyer and seller without further consequences. A reservation of the item for prepayment is 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 value-added tax.

In addition to the stated prices, the Seller charges shipping costs for the delivery of goods & products. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5.3. Delivery, Availability of Goods and Products
If prepayment is agreed, delivery will take place after receipt of the invoice amount.

Should the delivery of the goods fail due to 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 applicable, 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 consideration already provided to the customer.

Customers will be informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.

In the case of corporate customers, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the Seller has delivered the item to the forwarder, carrier, or other person or institution designated to carry out the shipment; the specified delivery dates and deadlines, subject to other agreements, are not fixed dates.

The Seller is not responsible 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 with bindingly agreed deadlines and dates, for customers who are entrepreneurs. 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 also applies to corporate customers in cases of unforeseeable events that affect the operation of a sub-supplier and are not attributable to either the sub-supplier or the Seller. 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 can withdraw from the contract by written declaration after a reasonable period set by them or by mutual consultation with the Seller.

5.4. Payment Methods
The customer can choose from the available payment methods within and before completing the ordering process.

When registering for skipper training, payment of the invoiced training is considered a binding registration. In case of cancellation by the customer up to 6 weeks before the training date, 50% will be refunded to the customer. After that, the full price must be paid.

If third-party providers are commissioned with payment processing, e.g., PayPal, their General Terms and Conditions apply.

If the due date of payment is determined by 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’s right to claim further damages caused by default.

The customer is only entitled to offset claims if their counterclaims have been legally established or recognized by the Seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.

5.5. Retention of Title for Goods & Products

Until full payment, the delivered goods remain the property of the Seller.
For corporate customers, the following also applies: The Seller retains ownership of the goods until full settlement of all claims from an ongoing business relationship; the buyer is obliged to treat the purchased item with care as long as ownership has not yet passed to them. In particular, they are obliged to adequately insure it at their own expense against theft, fire, and water damage at its new value, if appropriate or customary in the industry. If maintenance and inspection work must be carried out, the buyer must carry it out in good time at their own expense. The processing or transformation of the reserved goods by the customer is always carried out for the Seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. For the item created by processing, the same applies as for the reserved goods. The customer also assigns the claim to secure the claims against them that arise from the connection of the reserved goods with a property against a third party. Third-party access to the goods owned or co-owned by the Seller must be reported by the customer without delay. Costs arising from such interventions for a third-party objection action or costs for an out-of-court release are borne by the customer. The customer is entitled to resell the reserved goods in the ordinary course of business. The claims arising from resale or other legal reason regarding the reserved goods (including all balance claims from current accounts) are hereby assigned by the customer to the Seller in full as security. The Seller revocably authorizes the customer to collect the claims assigned to the Seller for their account and in their own name. This collection authorization can be revoked if the customer does not properly fulfill their payment obligations. The Seller undertakes to release the securities due to the Seller at the customer’s request if their total sales value exceeds the sum of all outstanding claims of the Seller 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. With the repayment of all claims of the Seller from delivery transactions, ownership of the reserved goods and the assigned claims 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 will be 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 adapt the information to changes in the actual circumstances, as far as necessary (e.g., the changed email address in case of a change or the changed postal address before 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 GTC by means of 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 customers’ content as its own. However, the Seller reserves the right to take appropriate measures, depending on the degree of risk of legal infringement emanating from the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, as well as 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 declarations, warnings and admonitions, as well as house bans.

After the business relationship has ended, the corresponding 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 Defects and Guarantee

The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.

A guarantee exists for goods supplied by the Seller only if it has been expressly given. Customers will be informed about the guarantee conditions before initiating the ordering process.

If the customer is an entrepreneur, they must inspect the goods immediately, notwithstanding statutory obligations to give notice of defects, and report recognizable material defects to the supplier immediately, at the latest within two weeks after delivery, in writing, and unrecognizable material defects immediately, at the latest within two weeks after discovery. Customary deviations in quality, weight, size, thickness, width, equipment, pattern, and color that are permissible according to quality standards or are minor do not constitute defects.

If the customer is an entrepreneur, the choice between rectification or replacement delivery of defective goods is made by the Seller.

Claims for material defects, notwithstanding the liability regulations of these GTC for corporate customers, generally expire one year after the transfer of risk, unless longer periods are mandatorily prescribed by law, particularly for special provisions regarding the entrepreneur’s right of recourse. For used goods, the warranty for corporate customers is excluded.

If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) of the German Civil Code (BGB) into another item or attached it to another item according to its nature and intended use, the Seller, subject to an express agreement and notwithstanding other warranty obligations, is not obliged within the scope of supplementary performance to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item. Accordingly, the Seller is also not obliged to reimburse expenses for removing the defective item and installing or attaching 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 their customers).

6. Liability & Damages

For the Seller’s liability for damages, the following exclusions and limitations of liability apply, notwithstanding other statutory claim requirements.

Participants in offered sailing courses & sail training must follow the instructions of the trainers and instructors. At the beginning of the courses & training, participants are informed of the generally applicable safety regulations, as learned in sail training. The Seller assumes no liability for non-compliance or negligent behavior on board against the generally applicable safety regulations on the part of the customer.

The Seller is liable without limitation insofar as 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 contract’s purpose, or for the breach of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the Seller is only liable for the foreseeable, typical damage of the contract. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

The foregoing limitations of liability do not apply to injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains 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.

The Seller will also send the customer an order confirmation with all order data to the email address provided by them. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the GTC along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

Corporate customers can receive the contract documents by email, in writing, or by reference 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. The correction of errors as well as printing and calculation errors is reserved. Ancillary agreements, verbal promises, 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 has no 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 no mandatory legal provisions oppose this.

The contract language is German.

European Commission’s platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
http://ec.europa.eu/consumers/odr/