General Terms and Conditions
1. registration / conclusion of a contract for participation in a sailing tour
1.1. The contract is based on the current information on the website (www.tiki-bikini.de) including the service description and prices contained therein as well as these General Terms and Conditions.
1.2. By registering for a sailing tour, hereinafter also referred to as a sailing trip, the participant agrees to the General Terms and Conditions. This also applies when booking through another company. Deviations from our GTCs shall only apply insofar as they are explicitly permitted under our GTCs.
1.3. With the registration, Tiki Bikini Adventures UG (hereinafter referred to as Tiki Bikini) offers the conclusion of a contract for participation in a sailing tour. The participant receives a booking form by e-mail (from Tiki Bikini) or uses an online booking form (if necessary, when booking through another company). The booking form must be completed correctly and sent to Tiki Bikini. Underage participants must be registered by a parent or legal guardian of full age who is travelling with them and is responsible for them for the duration of the entire sailing trip.
1.4. Upon receipt of the booking form, Tiki Bikini will send the participant a confirmation of receipt by e-mail. The contract is concluded upon acceptance by Tiki Bikini in the form of sending the booking confirmation by e-mail. If the content of the booking confirmation differs from the content of the registration, this constitutes a rejection of the participant’s offer in conjunction with a new offer by Tiki Bikini. Tiki Bikini is bound to this offer for a period of 10 days after it is sent. The contract is concluded on the basis of the new offer if the participant declares acceptance or pays the deposit within the commitment period.
If the participant books the sailing trip through another company, no new booking has to be made through Tiki Bikini. In both cases, the contract with Tiki Bikini is concluded when Tiki Bikini sends the booking confirmation by e-mail.
2. Start and end of the sailing trip
The sailing trip starts on Saturdays in the early evening around 18:00. The sailing trip ends on Saturday morning at 9.00 am. The yacht is not available on Saturdays from 9:00 am to approx. 6:00 pm. This time is needed for servicing, cleaning and any changes of boat, crew and skipper. This also applies to sailing trips lasting several weeks.
3. Services
3.1. The scope of the services is set out in the information provided by Tiki Bikini on the website at the prices stated there or sent by e-mail. Tiki Bikini or the responsible skipper appointed by Tiki Bikini is authorised to make changes, in particular with regard to the departure and arrival ports, the route and the schedule of the sailing trip, if these have become necessary and are due to the usual reasons for sailing on yachts and have not been brought about by Tiki Bikini or the skipper in bad faith. Reasons for such changes may include bad weather conditions, crowded anchorages, etc. In rare cases, the ship may depart from a different port of departure or enter a different port of destination at short notice. In this case, Tiki Bikini will inform the participant about the changed services immediately and, if possible, before the start of the trip. The amended service then replaces the originally contractually agreed service.
3.2. The sailing trip includes accommodation in a double cabin and the use of all facilities on board, the provision of bed linen (with the exception of sailing areas in Germany), the final cleaning of the sailing yacht and the management of the sailing yacht by a skipper. The functionality of all equipment on board at all times cannot be guaranteed on a sailing yacht due to the external conditions. The costs of the sailing trip, in particular harbour and mooring fees, nature park fees, catering, water and fuel are included in the prices listed on the website or sent by e-mail. Other fees not listed in the previous sentence will be settled as usual via an on-board cash box to be set up at the beginning of the sailing trip. Any deviations from this will be noted on the website in the information on the respective sailing trip or sent in advance by e-mail.
3.3. All participants on a sailing tour are required to pay an equal share of the on-board costs. The skipper is catered for by all participants (onboard community) according to the old sailor’s custom.
3.4. Arrival and departure as well as transfers are not part of the booked sailing trip and are not included in the prices listed on the website or sent by e-mail. They are to be organised by the participants themselves and at their own expense.
3.5. The participant shall also owe the full price of the sailing trip if he/she is unable to start the sailing trip due to personal reasons or legal or official restrictions at his/her place of departure. Conversely, Tiki Bikini’s obligation to provide the service and the participant’s obligation to pay the price of the sailing trip shall not apply if the sailing trip cannot be carried out due to legal or official restrictions in the respective sailing area.
3.6. Additional examination fees apply for training trips.
4. Training and examination
Tiki Bikini does not offer training and examination trips as standard, but these can be organised on request. Such training is then carried out in accordance with the DSV driving licence regulations. The examinations are conducted by DSV examiners. The same applies to the examinations leading up to the official recreational craft licence (SKS).
5. Terms of payment
5.1. Tiki Bikini issues an invoice for the price after the contract for participation in a sailing trip has been concluded. This invoice will be sent to the participant by e-mail.
5.2. 30 per cent of the price is due upon receipt of the invoice. The remaining amount is due at the latest 30 days before the start of the sailing trip.
5.3. The date on which the payment is credited to Tiki Bikini’s account is decisive for the timeliness of the payment.
5.4. When booking the sailing trip through another company, the payment terms of the company through which the sailing trip was booked apply instead of sections 5.1 to 5.3 of our General Terms and Conditions The validity of Tiki Bikini’s other terms and conditions remains unaffected.
6. Conditions of participation and information obligations
6.1. The sailing trip is a sporting event that requires a certain level of fitness. By registering for a sailing trip, the participant expressly declares that his physical and mental health allows him to take part in the sailing trip and that he can stay afloat in the sea for at least 20 minutes, particularly by swimming. If children are brought along, the participating legal guardians are solely responsible for supervision.
6.2. In case of doubt regarding the fulfillment of these conditions, the participant is obliged to contact Tiki Bikini before registering for the sailing trip. In any case, the skipper must be informed about relevant illnesses (e.g. diabetes) at the beginning of the sailing trip and any necessary aid measures should be explained.
6.3. The participant acknowledges that on board, in terms of sailing, seamanship and navigation, the decisions of the responsible skipper appointed by Tiki Bikini are solely authoritative. He declares that he will strictly follow the skipper’s professional instructions.
7. Withdrawal
7.1. The participant can withdraw from the contract at any time before the start of the sailing trip.
7.2. If the participant withdraws from the contract before the start of the sailing trip, Tiki Bikini loses the right to the agreed price. However, Tiki Bikini may demand appropriate compensation in cash if the withdrawal is not its responsibility. The amount is based on the agreed price, taking into account any expenses saved by Tiki Bikini and any other possible use of the yacht.
7.3. Tiki Bikini is entitled to use the following flat rates instead when calculating the compensation, which correspond to the expected expenses of Tiki Bikini, taking into account the expected income from other travel services. In the event of cancellation by the participant:
– up to 8 weeks before the start of the trip 30 %,
– up to 6 weeks before the start of the trip 50
– up to 4 weeks before the start of the trip 60%,
– up to 2 weeks before the start of the trip 80%,
– 90 % up to 24 hours before the start of the trip,
– 100 % until the start of the trip.
7.4. Tiki Bikini may withdraw from the contract up to 21 days before the start of the sailing trip if at least four adults have not registered for the respective sailing trip. Tiki Bikini can offer the participant the opportunity to take part in a comparable sailing trip.
7.5. Tiki Bikini may also withdraw from the contract before the start of the sailing trip if Tiki Bikini is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, Tiki Bikini will declare the withdrawal immediately after becoming aware of the reason for withdrawal.
7.6.
Im Falle eines Rücktritts des Teilnehmers oder von Tiki Bikini wird Tiki Bikini dem Teilnehmer den Reisepreis vorbehaltlich einer Umbuchung des Teilnehmers auf einen vergleichbaren Segeltörn (vgl. Ziffer 7.4 Satz 2) und abzüglich etwaiger Kosten nach Ziffer 7.2 Satz 2 und Ziffer 7.3 unverzüglich, spätestens aber innerhalb von 14 Tagen zurückerstatten.
Tiki Bikini kann bis sechs Wochen vor Beginn der Segeltour vom Vertrag zurücktreten, wenn sich nicht mehr als vier Personen für die jeweilige Segeltour angemeldet haben. Tiki Bikini may offer the participant the opportunity to participate in a comparable sailing event.
8. Termination
8.1. Tiki Bikini may terminate the contract with immediate effect. An extraordinary reason for cancellation exists in particular if:
– the participant is not physically or mentally fit, contrary to his declaration.
– the participant, contrary to his declaration and despite a corresponding warning, does not comply with his obligation to follow the skipper’s instructions in sailing, nautical and navigational terms, or otherwise endangers or disrupts the sailing trip or endangers the health or physical integrity of other participants through his behaviour.
8.2. In the event of extraordinary termination by Tiki Bikini, Tiki Bikini retains the right to the full agreed price.
8.3. The statutory rights of termination remain unaffected by this regulation.
9. Deposit and compensation
9.1. As users of the yacht, the participants are jointly liable for the operation and occupancy of the yacht. Before the yacht sets sail for the first time, each participant must pay the skipper a deposit of €200 per person, which will be used to cover any damage to the yacht and to cover the owner.
9.2. The yacht is insured by the owner against third party liability and fully comprehensive insurance with an excess as per local custom. The participants and the skipper are jointly liable for any damage caused to the yacht during the sailing trip, with the participants each being liable in equal shares and the skipper being liable in double shares. The participant’s liability is limited to a maximum of €200 per person. Any warning costs are not included here.
9.3. The limitation of liability does not apply to damage caused intentionally or through gross negligence by a participant. The participant concerned is solely liable for the full amount of such damage.
10. Liability
10.1. During the sailing trip, unscheduled port stays may occur (e.g. due to necessary repairs). These do not represent a significant impairment of the sailing trip for a period of up to 48 hours and do not constitute grounds for termination or claims for damages.
10.2. There may be delays to the yacht on the day of departure (e.g. due to unforeseeable weather conditions). When booking the return flight, the participant should therefore allow sufficient time reserves (at least 6 hours between the end of the sailing trip and the return flight).
10.3. The contractual liability of Tiki Bikini and its vicarious agents for damages that are not physical injuries is limited to a total of three times the price of the sailing trip, provided that any damage to the participant was neither caused intentionally nor through gross negligence by Tiki Bikini. The limitation of liability to three times the price also applies if Tiki Bikini is liable for damages suffered by the participant, which are not physical injuries, solely due to the fault of a service provider (e.g. owner of the yacht).
10.4. Otherwise, liability is excluded if the damage is not due to intent or gross negligence on the part of Tiki Bikini or its vicarious agents or due to injury to life, body or health.
10.5. Unless otherwise provided in these Terms and Conditions, Tiki Bikini shall not be liable for unavoidable events, in particular war, civil war, strikes, natural disasters, epidemics (including epidemics and pandemics), which arise or become known after the conclusion of the contract.
10.6. Taking out travel cancellation insurance is strongly recommended.
11. Passport, visa, customs, foreign exchange and health regulations
11.1. Tiki Bikini informs participants from a member state of the European Union about the current, relevant passport, visa and health regulations of the country in which the sailing trip is offered. Nationals of other Member States can obtain information from their relevant consulate. Particularities in nationality (dual nationality, statelessness) require the participant to take special care when preparing for the sailing trip.
11.2. The participant is responsible for informing himself about the customs and foreign exchange regulations of the countries on the sailing route.
11.3. Costs and disadvantages resulting from non-compliance with passport, visa, customs, foreign exchange and health regulations are borne by the participant.
12. Data protection
Tiki Bikini undertakes to process personal data lawfully, fairly and transparently, and in compliance with the applicable data protection regulations, in particular the BDSG and the GDPR. On this point, Tiki Bikini refers to the currently valid data protection declaration under this link as well as any separately provided declarations.
13. Data protection
13.1. Verbal collateral agreements do not exist. Changes and additions to the contract and these General Terms and Conditions must be made in writing. This also applies to this written form clause.
14. Law
14.1. Only German law applies.
Privacy Policy & Disclaimer
We welcome you to our website!
We appreciate your interest and would like to make your stay on our website as pleasant as possible. For us, this also includes responsible handling of your data, which complies with the legal requirements in Germany in every respect. The basis is the provisions of the General Data Protection Regulation (GDPR).
In the following, we will inform you about how we handle your personal data and the claims and rights to which you are entitled under the data protection regulations of Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR).
This privacy policy applies to the website that we offer to you. If offers from other providers (“third-party offers”) can be accessed from our website, the data protection information does not apply to these third-party offers. In this case, we are also not responsible for the processing of your personal data within the scope of such third-party offers within the meaning of Art. 4 No. 7 GDPR.
Additional data protection information for customers and interested parties
With the following data protection information, we inform our customers and interested parties about the processing and use of their personal data within the scope of the services we offer, as well as about the rights to which they are entitled, in accordance with the EU General Data Protection Regulation (EU GDPR), which will come into force on May 25, 2018.
Data protection information for customers
Data protection information for interested parties
1. Who is responsible for data processing and who can I contact (Art. 4 No. 7 GDPR)?
Responsible body
Tiki Bikini Adventures UG
CEO Andreas Meier
Local court Straubing HR B 13208
Ust-Id: DE 201 913 155
Straubinger Strasse 41
D-94365 Parkstetten
Tel.: +49 (0) 9421 1 00 66
an*****@ti*********.de
Contact person for data protection issues
Tiki Bikini Adventures UG
CEO Andreas Meier
Local court Straubing HR B 13208
VAT ID: DE 201 913 155
Straubinger Strasse 41
D-94365 Parkstetten
Tel.: +49 (0) 9421 1 00 66
an*****@ti*********.de
2. Which sources and data do we use?
Surfing the website
In principle, you can visit our website without telling us who you are. We then only learn the IP address. This is transmitted with each server request so that the server knows where to send the response. Everyone receives an IP address from an Internet service provider (ISP) as soon as they connect to the Internet. The ISP can track which IP address was assigned to which of its customers at what time. As long as the IP address is stored, the identity of the connection owner can theoretically be determined via the ISP. We therefore only store the IP address in shortened (anonymized) form and use it only for session recognition and geolocation (down to city level). The IP address is then immediately deleted so that the data collected is anonymous and can no longer be assigned to the user’s identity, even via the ISP.
The data is used exclusively for the administration and optimization of the website.
We only evaluate the IP address in the event of attacks on your Internet infrastructure. In this case, we have a legitimate interest within the meaning of art. 6 paragraph 1 f) GDPR to the processing of the IP address. This legitimate interest arises from the need to ward off the attack on the Internet infrastructure, to determine the origin of the attack in order to be able to take criminal and civil action against the person responsible, and to effectively prevent further attacks.
Use of cookies
Our website uses so-called cookies in several places. They serve to make the offer more user-friendly and effective. Cookies are small text files that are stored on your computer and saved by your browser. The cookies cannot be assigned to specific people and do not contain any personal data. This data will not be merged with other data sources. Most of the cookies we use are so-called ‘session cookies’, which are deleted when you end your browser session. There are also some long-lasting cookies that allow us to recognize you as a visitor. Cookies do not cause any damage to your computer and do not contain any viruses.
The following cookies are set:
– Session cookie (for session recognition, lifetime: one session)
– Ever cookie (for recognising new/regular customers, lifespan: 6 months)
Some cookies require consent, others do not. All cookies that require your explicit consent are deactivated when you visit the website. These cookies are only activated once you have agreed to the cookie notice at the bottom of the screen.
For cookies that do not require consent, the user data collected is pseudonymized using technical precautions. It is therefore no longer possible to assign the data to the user who accessed it. The data is not stored together with other personal data of the users.
The legal basis for the processing of personal data using cookies classified below as not requiring consent is Art. 6 Para. 1 lit. f GDPR.
Some browsers already allow cookies by default. If you do not want this, you can change the settings of your browser. Please refer to the browser manufacturer’s instructions on how to do this. If you decide against cookies, it may happen that parts of our website cannot be used.
Tracking and web analysis services
– Cookies that do not require consent
Google Analytics
As part of your website visit, some information transmitted by your browser is collected and analysed for the statistical evaluation of the website.
This website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’).
Google Analytics uses ‘cookies’. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. This website uses Google Analytics with the extension “_anonymizeIp()”. As a result, Google’s IP addresses are shortened beforehand within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. This means that direct personal reference during further processing can be excluded. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data held by Google.
Our user analysis also uses Universal Analytics. This enables us to obtain information about the use of our services on different devices (‘cross device’). Using cookie technology, we use a pseudonymised user ID that does not contain any personal data and does not transmit such data to Google.
Further information on Universal Analytics can be found here:
httpsss://support.google.com/analytics/answer/2838718?hl=de&ref_topic=6010376
You can prevent the storage of cookies by setting your browser software accordingly. Please note that in this case you may not be able to use all functions of this website to their full extent.
You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link:
httpss://tools.google.com/dlpage/gaoptout?hl=de.
Another option to prevent Google Analytics from collecting data is to click on the following link. This will set an opt-out cookie on your device that prevents future collection of your data when you visit this website: Deactivate Google Analytics. If you delete your cookies in this browser, you will have to click this link again. Google Analytics is used in accordance with the requirements agreed upon by the German data protection authorities with Google.
Nähere Informationen zu Nutzungsbedingungen und Datenschutz von Google Analytics finden Sie unter httpss://www.google.com/analytics/terms/de.html bzw. unter httpsss://www.google.de/intl/de/policies/. We would like to point out that Google Analytics has been extended on this website with the code “_anonymizeIp()” to ensure anonymous collection of IP addresses (so-called IP masking).
Third party information:
Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
Terms of Use: https://www.google.com/analytics/terms/de.html
Overview of data protection: httpss://www.google.com/intl/de/analytics/learn/privacy.html,
as well as the privacy policy: httpss://www.google.de/intl/de/policies/privacy.
The following data is collected:
– Request (file name of the requested file)
– Browser type/version
– Browser language
– Operating system used
– inner resolution of the browser window
– Screen resolution
– Javascript activation
– Java on/off
– Cookies on/off
– Colour depth
– Referrer URL (the previously visited page)
– Shortened IP address for geographical analyses down to city level
– Time of access
– Clicks
– Cookies requiring consent
Google Analytics advertising features
We also use Google Analytics to evaluate data from AdWords for statistical purposes. If you do not want this, you can deactivate it via the Ads Preferences Manager httpsss://www.google.com/settings/ads/onweb/?hl=de.
In addition, the following Google Analytics advertising features are activated:
– Remarketing with Google Analytics
– Google Analytics reports on performance by demographics and interests
In addition to the data collected by the standard implementation of Google Analytics, Google Analytics collects further data on access via Google cookies for ad preferences and anonymous identifiers.
The opt-out options already mentioned are also available here.
Third party information:
Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
Terms of Use: https://www.google.com/analytics/terms/de.html
Overview of data protection: httpss://www.google.com/intl/de/analytics/learn/privacy.html,
and the privacy policy: httpss://www.google.de/intl/de/policies/privacy.
Contact form and communication
On some pages you can enter the personal data provided in input fields for the purpose of corresponding with us.
If you make use of this option, the data entered in the input mask will be transmitted to us and stored. At the time the message is sent, the following data is also stored:
– the IP address of the user
– Date and time
Your consent is obtained for the processing of the data as part of the sending process and reference is made to this privacy policy.
Alternatively, you can contact us using the email address provided. In this case, the user’s personal data transmitted with the email will be stored.
The data will only be processed for this correspondence with you and for the purpose for which you have provided us with the data within the scope of this communication, such as to process your inquiries or to contact you at your request.
In this case, the personal data will be processed with your consent (Art. 6 para. 1 a) GDPR).
We will delete your data in this regard if the purpose for which you provided us with your data has been fulfilled or completed and we are not entitled or obliged to store it any further for legal reasons.
Customer account
If you register as a customer on our website or have us create a customer account for you, you will be in a protected area for customers. Customers can register there by providing an email address. The email address is only stored for login purposes. A disclosure to third parties does not occur. Also, no customer data is transmitted as part of web tracking (see above). At the time of registration, the date and time of registration are saved. After registration, only the last login is saved.
A customer account is an additional service we offer. The legal basis for the processing of the data is Art. 6 para. 1 based on the user’s consent. 1 lit. a GDPR.
The processing of data for the respective registration also serves to fulfill a contract to which the user is a party or to carry out pre-contractual measures. Therefore, the additional legal basis for the processing of the data required for the registration process is Art. 6 Para. 1 lit. b GDPR.
The data required for registration will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is the case for the data collected during the registration process for the fulfilment of a contract or for the implementation of pre-contractual measures if the data is no longer required for the implementation of the contract.
are no longer required. Even after the contract has been concluded, it may be necessary to store the contractual partner’s personal data in order to comply with contractual or legal obligations.
Newsletter
You have the option of subscribing to our newsletter via our website. For this we need your email address and your declaration that you agree to receive the newsletter.
As soon as you have registered for the newsletter, we will send you a confirmation email with a link to confirm your registration (double opt-in).
You can cancel your newsletter subscription at any time. Each newsletter contains a corresponding unsubscribe link at the bottom of the imprint. We will then immediately delete your data in connection with the newsletter dispatch.
Calculator functions and calculation results
For temporary limited promotions, we offer the use of so-called calculators with which you can get to know offers, for example on financing/leasing, better. As a rule, no personal data is required to use these applications.
Some of the requested data is marked as mandatory because it is required for contacting us and for the online application for building savings. We will not transmit the data to third parties or otherwise make it known to third parties. Insofar as we transfer your personal data to a partner in this context
to a partner, this is only done on the basis of your consent and is therefore authorised under Art. 6 para. 1 a) GDPR We do not create automated profiles based on your behavior or other information.
Information applications from other providers
Furthermore, information applications (e.g. live chat) provided by third parties (“partners”) are integrated into our website. The applications are hosted on the partners’ servers and operated by these partners. Personal data will only be processed to the extent necessary to carry out the services offered with the respective information application. Please note that the use of such an application is subject to the data protection provisions of the respective partner, who is responsible for this processing within the meaning of art. 4 Nro 7 GDPR. Insofar as we transfer your personal data to a partner in this context
partner, this will only be done on the basis of your consent and is therefore authorised in accordance with Art. 6 para. 1 a) GDPR
In the live chat we offer you the opportunity to request information and to arrange a meeting with our employees about our products and services. For some of these requests, we ask you to provide personal information, as otherwise the request cannot be processed effectively. We will inform you of the intended use of the data in
with the respective enquiry.
The text of the chat is automatically deleted after it ends. At the end of the dialogue, you as a user have the option to download a transcript of the conversation. For statistical purposes, the topic, duration and time of the conversation are recorded anonymously. A transfer of data to third parties does not take place.
Google Maps
We use the map service provider Google Maps to search for contacts. This offers you location-based services and functions that may require the use of your location data. For example, if you perform a location-based search at your current location or request map data, your location data may be forwarded to Google Maps in order to provide you with appropriate content. To provide you with location-based services and features, Google Maps uses satellites, Wi-Fi networks or other network-based location data. The Google Maps products may utilize various device platforms, applications, and services that may also collect your location data. You can read more about Google Maps’ privacy policy here:
httpsss://policies.google.com/privacy?hl=de
Social networks
Our website contains links to the social networks Facebook and Google+ and the microblogging service Twitter and YouTube. These links will take you directly to the respective provider.
Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (‘Facebook’).
Google+ is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’).
X (Twitter) is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (‘X’).
YouTube is a service of Google Inc., San Bruno/California, USA. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’).
Only when you use these links does your browser establish a direct connection to the providers’ servers. The content is then transmitted directly to your browser by the associated provider and integrated into the page. In this way, the providers receive the information that your browser has accessed the corresponding page of our website, even if you do not have a profile with the respective provider or are not currently logged into the service of the respective provider. This information (including your IP address) is transmitted from your browser directly to a server of the respective provider, possibly in the USA, and stored there.
If you are logged in to one of the providers’ services, the providers can directly assign your visit to our website to your profile/account of the respective provider. If you interact with the providers’ websites, for example by clicking the ‘Like’ button, the ‘+1’ button or the ‘Tweet’ button, the corresponding information is also transmitted directly to a server of the providers and stored there. The information will also be published on the social network or on your social media account and displayed to your contacts there. The purpose and scope of the data collection and the further processing and use of the data by the providers as well as your rights in this regard and setting options to protect your privacy can be found in the providers’ data protection notices:
Facebook [httpsss://www .facebook.com/policy.php]
Google+ [httpsss://www .google.de/intl/de/policies/privacy /]
Twitter [httpsss://twitter .com/de/privacy]
Youtube [httpsss://www .google.de/intl/de/policies/privacy /]
If you do not want the providers to assign the data collected via our website directly to your profile/account in the respective service, you must log out of the respective service beforehand.
3. What do we process your data for (purpose of processing) and on what legal basis?
We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG):
– To fulfil contractual obligations (Art. 6 Para. 1b GDPR)
Your data will be processed to carry out our contracts with you, i.e. for example to execute and/or manage your orders. The purposes of data processing depend on the specific product and the contractual documents. This also applies to processing operations that are necessary to carry out pre-contractual measures.
– Within the framework of the balancing of interests (art. 6 paragraph 1f GDPR)
If necessary, we will process your data beyond the actual fulfillment of a contract concluded with you or a consent given by you in order to protect the legitimate interests of us or third parties, unless a balancing of interests in the individual case shows that your legitimate fundamental rights and freedoms, which require the protection of personal data, outweigh these interests (see art. 6 paragraph 1f GDPR). These include, for example:
– Examination and optimisation of procedures for needs analysis and direct customer contact;
– Advertising or market and opinion research, provided you have not objected to the use of your data;
– Measures for the further development of services and products;
– Assertion of legal claims and defence in legal disputes;
– Ensuring IT security and IT operations;
– Prevention and investigation of criminal offences.
– Aufgrund Ihrer Einwilligung (art. 6 paragraph 1a DSGVO)
Any further processing of your personal data will only take place if you have given us your consent to do so and we are therefore authorized to do so in accordance with. Art. 6 paragraph 1 a) GDPR are authorized to process your personal data. In some areas of our website you have the opportunity to give such explicit consent. We will inform you of the purpose for which the data will be processed if you give your consent and how long we will store this personal data.
Further information on data processing based on consent granted can be found under the following points:
-> Paragraph 2
-> Cookies requiring consent
-> Contact and communication
-> Newsletter
-> Calculator function and calculation results
If you have given us your consent to process personal data for certain purposes (e.g. sharing data within the group, evaluating data for marketing purposes), the legality of this processing is based on your consent. Consent given can be revoked at any time. This also applies to the revocation of declarations of consent that were given to us before the GDPR came into force, i.e. before May 25, 2018. Please note that the revocation will only take effect for the future. Processing that took place before the revocation will not be affected.
– Due to legal requirements (Art. 6 para. 1c GDPR) or in the public interest (Art. 6 para. 1 e GDPR)
Legal basis for the processing of personal data
Insofar as we obtain consent from the data subject for the processing of personal data, art. 6 paragraph 1 lit. a EU General Data Protection Regulation
(GDPR) as the legal basis for the processing of personal data. When processing personal data necessary for the fulfilment of a contract, GDPR as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures. Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 para. 1 lit. c
GDPR serves as the legal basis. In the event that vital interests of the data subject or of another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR as legal basis. If processing is necessary to protect the legitimate interests of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 Para. 1 lit. GDPR as the legal basis for processing.
f GDPR as the legal basis for processing.
Within our group, your data will be passed on to those departments that need it for the administration and optimization of our website, as well as to those departments that are responsible for answering your enquiries. Please read the details under section 2.
We only evaluate the IP address in the event of attacks on your Internet infrastructure. In this case, we have a legitimate interest within the meaning of. Art. 6 paragraph 1 f) GDPR to the processing of the IP address. This legitimate interest arises from the need to ward off the attack on the Internet infrastructure, to determine the origin of the attack in order to be able to take criminal and civil action against the person responsible, and to effectively prevent further attacks. In this case, security-relevant personnel will have access to your IP.
With regard to the transfer of data to third parties, it should first be noted that we are obliged to maintain confidentiality regarding all customer-related facts and evaluations of which we become aware. We may only disclose information about you if legal provisions permit or require this, if you have given your consent or if we are authorized to provide the information.
5. How long will my data be stored?
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to further store the data for the conclusion or fulfillment of a contract. Further information on the duration of data storage for the individual applications and tools used as part of our website can be found above under section 2.
If you have a personal customer account on our website, the following applies:
If necessary, we process and store your personal data for the duration of our business relationship, which also includes, for example, the initiation and execution of a contract. It should be noted that our business relationship is a continuing obligation that is designed to last for years.
In addition, we are subject to various retention and documentation obligations arising, among other things, from the German Commercial Code (HGB), the Tax Code (AO), the German Banking Act (KWG) and the Money Laundering Act (GwG). The periods specified therein for storage and documentation begin with the termination of the contract and range from five to ten years.
6. Will data be transferred to a third country or to an international organisation?
Your data will only be transmitted to countries outside the European Economic Area – EEA (third countries) if this is necessary to execute your enquiries or orders or is required by law or if you have given your consent.
As part of the remote maintenance of standard IT components, it cannot be ruled out that an IT service provider from a third country (e.g. USA) may, in rare cases, be granted controlled and limited access to personal data for the purpose of troubleshooting in individual cases. We will inform you separately about the details if required by law.
For individual applications, you will find further information on data transfer to third countries under section 2 above.
No personal data will be transferred to an international organization.
No personal data will be transferred to an international organization.
Every data subject has the right to information pursuant to Art. 15 GDPR, the right to rectification pursuant to Art. 16 GDPR, the right to erasure pursuant to Art. 17 GDPR, the right to restriction of processing pursuant to Art. 18 GDPR and the right to data portability pursuant to Art. 20 GDPR. The restrictions under Sections 34 and 35 of the Federal Data Protection Act apply to the right to information and the right to deletion. In addition, you have the right to lodge a complaint with a data protection supervisory authority (Article 77 GDPR in conjunction with Section 19 BDSG).
8. Am I obliged to provide data?
If you have a request (e.g. request for advice, information material or newsletter), you only need to provide us with the data required to contact you.
If you wish to use the login area of your customer account, the following applies:
To register and use the online service portal, you only need to provide the data required for registration/login (email address).
9. To what extent is there automated decision-making in individual cases?
As a general rule, we do not use fully automated decision-making in accordance with Art. 22 GDPR to establish and conduct the business relationship. Should we use these procedures in individual cases, we will inform you separately.
10. To what extent will my data be used for profiling (scoring)?
We partially process your data automatically with the aim of evaluating certain personal aspects (profiling). For example, we use evaluation tools to provide you with targeted information and advice about products. These enable needs-based communication and advertising, including market and opinion research.
11. Updating this privacy policy
From time to time, it may be necessary to update this privacy policy, for example due to new legal or official requirements or new offers on our website. We will inform you at this point. In general, we recommend that you visit this privacy policy regularly to check whether there have been any changes. You can tell whether changes have been made by the fact that the status indicated at the very bottom of this document has been updated.
12. Printing and saving this privacy notice
You can print and save this privacy notice directly, for example using the print or save function in your browser.
Information about your right of objection according to Art. 21 General Data Protection Regulation
You have the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you which is based on Art. 6 Para. 1e GDPR (data processing in the public interest) and art. 6 paragraph 1f GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of art. 4 No. 4 GDPR, which we use to assess creditworthiness or for advertising purposes. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
In individual cases, we process your personal data to conduct direct advertising. You have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.
The objection can be made informally and should preferably be addressed to:
Tiki Bikini Adventures UG
CEO Andreas Meier
Local court Straubing HR B 13208
VAT ID: DE 201 913 155
Straubinger Strasse 41
D-94365 Parkstetten
Tel.: +49 (0) 9421 1 00 66
an*****@ti*********.de
Who is responsible for data processing and who can I contact?
Responsible body:
Tiki Bikini Adventures UG
CEO Andreas Meier
Local court Straubing HR B 13208
VAT ID: DE 201 913 155
Straubinger Strasse 41
D-94365 Parkstetten
Tel.: +49 (0) 9421 1 00 66
an*****@ti*********.de
Contact person for data protection issues:
Tiki Bikini Adventures UG
CEO Andreas Meier
Amtsgericht Straubing HR B 13208
Ust-Id: DE 201 913 155
Straubinger Strasse 41
D-94365 Parkstetten
Tel.: +49 (0) 9421 1 00 66
an*****@ti*********.de
Disclaimer
Our offer contains links to external third-party websites over whose contents we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a legal violation. If we become aware of any legal violations, we will remove such links immediately.
Copyright
The contents and works on these pages created by the site operators are subject to German copyright law. Third party contributions are marked as such. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are permitted only for private, non-commercial use.
Copyrights
The operators of the pages always endeavour to respect the copyrights of others and to use self-created and license-free works.
Notice:
We are not a cruise or tour operator, but a charter company that offers individual places on sailing yachts or complete sailing yachts without a skipper. It is therefore not a booked trip and we do not offer you a contract of carriage.
That means: For your charter fee, you charter (i.e. rent) a place on one of our sailing yachts, including a berth for sleeping if you stay on board overnight. You can use the yacht’s facilities. You form a crew with the other sailors and sign a crew contract before the start of the trip. This makes you a crew member. This crew contract regulates your rights and obligations as well as liability issues. With this crew contract, the crew members commission a skipper to organise the sailing trip.
For each charter crew, we arrange a self-employed and/or freelance skipper whom the participants of the trip instruct with a crew contract to organise the trip. To simplify handling, we retain a portion of each crew member’s charter fee and transfer it to the skipper in trust on behalf of the crew against an invoice. This does not increase the charter fee.
Should the crew decide that the trip or parts of the trip should go beyond the 12 SM zones, the routes exceeding the 12SM limit are to be classified as private sailing trips with the corresponding legal consequences. This means that in the event of injury (including man overboard), damage to personal property and/or the boat’s equipment or the boat itself, the crew members must be liable for this with their private insurance policies. Appropriate insurance policies must be in place before the start of the trip.
