1. Definitions

“Association”, “Organizer”, “We”, “Our”, “Us”: refers to The Grand 8 Sailors Circle, the sailing association operating under Swiss law.

“Member”, “Participant”, “Crew”, “You”, “Your”: refers to any individual participating in a sailing passage organized by the Association.

“Passage”, “Trip”, “Voyage”: refers to the sailing journey with accommodation aboard the Association’s vessel.

“Vessel”, “Sailing Boat”, “Boat”, “Ship”: refers to the sailing vessel operated by the Association.

“Skipper”, “Captain”: refers to the person in charge of navigation and safety aboard the vessel, acting as the legal representative of the Association.

“Contract”, “Agreement”: refers to the binding arrangement between the Association and the Member for participation in a passage.

2. Legal Framework and Application

2.1 General Provisions

The Enola Sailing Project passages are journeys on sailing yachts that, according to Article 3 of the statutes of The Grand 8 Sailors Circle, aim to promote sailing and the training and education of sailors.

All participants of a voyage are members of the Association. By participating they form a simple contract under Swiss law according to OR Art. 530 ff. with the purpose of conducting a specific voyage. The management is entrusted to the skipper.

The crew actively participate in the sailing passage.

The participants assure that they are healthy, can swim, and have informed themselves about the general risks of sailing. They confirm that they participate in the sailing voyage at their own risk.

2.2 Legal Basis

These terms and conditions form the legal basis of a contract between the Association and the Member under Swiss law. The Association operates as an organizer under Swiss Code of Obligations (OR) and has no right to act on behalf of or enter into agreements with third parties.

2.3 Non-Package Travel Clarification

Our sailing passages do not constitute package travel under Swiss Federal Law of 18 June 1993 on package travel (Federal Law Gazette 944.3), as they exclusively comprise:

• Accommodation aboard the vessel
• Participation in sailing and on board recreational activities
• Onboard meals as specified per itinerary
• All port fees and local taxes
• Fuel and water
• Use of provided life jackets, harnesses and other safety equipment

We explicitly exclude:

• Transportation and/or transfers to/from departure/arrival ports
• Land-based accommodation
• Ashore food and beverages
• Any other services not directly related to vessel operations
• Solo or guided activities with third-parties, such as scuba diving, trekking, kayaking, etc.

2.4 Agreement to Terms

By booking a passage, you acknowledge this is a specialized sailing participation agreement, and agree to these terms in their entirety.

3. Booking Process and Payment

3.1 Reservation

Reservations are valid only when confirmed in writing by the Association and upon receipt of the required deposit on the Association’s bank account. All bookings must be made using our official booking form available on our website.

3.2 Payment Schedule

A non-refundable deposit of 50% of the total passage price is required to secure your booking. The remaining balance must be paid no later than 60 days before departure. For bookings made within 60 days of departure, full payment is required at the time of booking.

3.3 Price Stability

Prices are fixed upon full payment receipt, except for changes required by:

• New government taxes/levies
• Fuel cost fluctuations exceeding 15%
• Mandatory safety upgrades

4. Cancellations and Modifications

4.1 Cancellation by Member

The member understands the importance of trip cancellation insurance, which is his/her own responsibility to obtain.

Cancellations must be submitted in writing to the Association. The following cancellation fees apply:

• More than 90 days before departure: Forfeiture of deposit
• 89-60 days before departure: 50% of total passage price
• 59-30 days before departure: 75% of total passage price
• Less than 30 days before departure: 100% of total passage price

If after a cancellation the Association is able to reassign the booked berth, we offer our members the possibility to use their deposit for a future passage within the next 365 days, minus an administration fee. 

4.2 Cancellation by Association

If the Association cancels the passage before departure for operational reasons, Members will receive a full refund of payments made. This excludes cancellations due to:

• Force majeure (severe weather, political instability, etc.)
• Member-triggered safety concerns
• Technical issues rendering the vessel unseaworthy

4.3 Passage Modifications

Members understand a sailing trip is inherently subject to the hazards. Adjustments to the voyage planning due to unforseable reasons, prevailing wind, sea and weather conditions, as well as the condition of the vessel and crew, are always reserved. The safety of the crew and vessel has the highest priority.

The goal of each voyage is to reach the planned destination safely and on time and to hand over a functional, clean, and well-maintained vessel to the next crew.

Achieving this goal and the safety of the crew and ship may require changes in the voyage planning (shortenings, additional stages, calling at certain ports, etc.) or other appropriate measures, which the crew must accept. The Association can’t be liable for any of these changes.

5. Responsibilities and Obligations

5.1 Association’s Obligations

The Association commits to:

• Maintain the vessel in seaworthy condition
• Ensure the vessel is properly equipped with safety equipment
• Provide a qualified and experienced skipper
• Deliver the passage as described in the booking confirmation, subject to necessary modifications due to weather or safety concerns

5.2 Member’s Obligations

Members commit to:

• Provide accurate personal information during booking
• Possess valid travel documents (passport, visa, etc.)
• Obtain appropriate personal insurance coverage
• Follow the skipper’s instructions regarding safety and vessel operation
• Contribute to all onboard duties as reasonably requested by the skipper
• Report any deficiencies in contract execution as soon as possible
• Respect local laws, regulations, and customs of visited locations
• Maintain appropriate behavior that does not endanger the vessel or other participants

Members are solely responsible for:

• Arriving at the departure port ready to board
• Organizing return travel from arrival port
• Covering costs of early disembarkation if required

6. Liability and Insurance

6.1 Limitation of Liability

The Association’s liability is limited in accordance with Swiss federal law and the Convention on Limitation of Liability for Maritime Claims of 1976 (LLMC), which Switzerland has ratified.

6.2 Liability Exclusions

The Association is not liable for damages resulting from:

• Acts or omissions of the Member
• Unforeseeable or unavoidable actions of third parties
• Force majeure events
• Circumstances that could not be foreseen or avoided despite due diligence

6.3 Insurance Requirements

The Association maintains insurance as required by law, namely liability insurance for third-party damages, total loss, fire and collision damages, as well as legal protection and passenger accident insurance

Members must obtain their own travel, medical, and cancellation insurance. In case of a medical problem arising during the voyage, either onboard or ashore, which results in medical expense including but not limited to costs for evacuation with use of aircraft and repatriation, the financial responsibility for payment of all costs belongs solely to the Member.

Proof of personal medical insurance is requested prior to departure.

6.4 Service Scope Limitation

Our liability extends only to services explicitly described in the booking confirmation. We assume no responsibility for travel arrangements to/from departure/arrival points or land-based activities.

7. Onboard Rules

The skipper has full authority regarding navigation, safety, and general organization aboard, as described in our Onboard Policies page. The participants are under the command of the skipper and commit to following the skipper’s orders and the onboard rules.

7.2 Participation in Duties

Members are expected to participate in daily tasks and watch duties as assigned by the skipper, commensurate with their skills, physical abilities and experience.

7.3 Prohibited Activities

The following are prohibited:

• Smoking below deck
• Possession or use of illegal substances
• Excessive alcohol consumption
• Behavior disrupting harmony onboard or endangering the safety of the vessel or others aboard

7.4 Disembarkation

The Association reserves the right to disembark any Member whose conduct endangers the vessel or other participants. In such case, the skipper may sail the vessel to the nearest port to disembark the Member, and the Association will have no further responsibilities whatsoever toward the departed Member.

8. Data Protection

8.1 Data Collection and Use

The Association collects and processes personal data in accordance with Swiss data protection legislation. Personal data may be used for managing the contractual relationship, communicating with Members, and complying with legal obligations.

8.2 Data Sharing

The Association may need to share certain personal data with third parties (port authorities, customs administrations) as part of contract execution and to comply with legal obligations.

9. Image Rights

Members are aware and agree that photos, videos, passages reports and similar written records may be created by other participants and/or the Association. These images and records may be published under any form (e.g. social media platform, blog, vlog, book, documentary, etc.), at any time and with no limits in time.

If a member does not agree with the publication of images in which they are recognizable or records in which they are mentioned by name, they must expressly object in writing.

In the event of violations of personality rights and the right to one’s own image according to Swiss legal provisions that are not attributable to the Association, the Association cannot be held liable.

10. Communications

Our onboard satellite communication system is only meant for necessary sailing and emergency operations, It doesn’t allow any personal vocal or written communications nor data downloads.

In the event you need to send an urgent non-professional message or email and have no personal data coverage, our system can be exceptionally used. Same applies if a relative needs to reach you urgently while at sea.

Outgoing and incoming messages or emails should always be as short as possible, with no attached file, no previous message threads and/or no email signature.

11. Applicable Law and Jurisdiction

11.1 Governing Law

The contract between the Association and the Member is governed by Swiss law.

11.2 Jurisdiction

Any dispute relating to the interpretation or execution of this contract shall be subject to the exclusive jurisdiction of the courts at the Association’s registered office in Switzerland.

12. Final Provisions

12.1 Severability

If any provision of these terms and conditions is declared null or unenforceable, the other provisions shall remain in full force and effect.

12.2 Effective Date

These terms and conditions enter into force on the 1st of August, 2024, and apply to all bookings made after this date.

These terms and conditions have been prepared taking into account applicable Swiss legislation, including the Swiss Code of Obligations and the maritime law principles incorporated into Swiss law.