Article 1 - Purpose
These general conditions ("GTC") govern the participation of persons enrolled in events organized by Tuttinbarca.
Article 2 - Definitions
Event: an event organized by the Tuttinbarca Association to bring kids and adults closer to the sport and the world of sailing. During the events, participants discover new horizons, learn or deepen the art of seamanship, try their hand at activities that help strengthen the relationship between man and the sea.
Captain: a person who holds a boating license and is qualified to operate a vessel of the type used for the Event, and as such is responsible for the participants' compliance with safety regulations both on board and ashore.
Confirmation of Entry: has the meaning set forth in
Article 3 below.
Contract: The Contract between the participant and
Tuttinbarca is concluded at the time of the Enrollment Confirmation and is
comprised of the Enrollment Form, the Enrollment Confirmation and these General
Terms and Conditions herein. Communications prior or subsequent to the
Enrollment Confirmation, whether verbal or in writing are not part of the
Enrollment Form or Form: has the meaning set forth in
Article 3 below.
Instructors: persons with sailing experience to whom the
Captain delegates some of the duties relating to the organization and conduct
Participants: persons of legal age who have registered for
the Event via Registration Form or minors who, as of the date of registration
have not yet reached the age of 18 and who are therefore registered through the
one who holds parental authority.
Tuttinbarca: Association under Swiss law based in
Cureglia, and represented by Fabrizio Mancini, President, who serves as the
organizing body of the Events.
Article 3 - Registration Form and Confirmation
Participation in the Events is subject to the signing of the "Enrollment Form" duly completed and signed by the applicant or parental authority. Enrollment is not guaranteed until confirmed in writing to the e-mail address mentioned in the Form ("Enrollment Confirmation"). Enrollments will be considered according to the date of receipt. If two or more people are enrolled through the same Form, confirmation of enrollment is sent only to the e-mail address of the person who filled out the document. All forms are available on the website (www.tuttinbarca.ch). Further information will be provided by enrollment via email to the address given to us on the Enrollment Form. The Captain or Instructor may, at his sole discretion, change the itinerary described in the Registration Form or Confirmation Form and/or agreed with the Participants at the time of boarding.
Article 4 - Characteristics of the Events
The characteristics of the Events are as described on tuttinbarca.ch. The start/end dates of the Event, the port of embarkation and disembarkation, what is included and what is not, are indicated on the tuttinbarca.ch/camp webpage. Tuttinbarca may at any time change the model of the boats, itineraries, embarkation and disembarkation places indicated on the webpage.
Article 5 - Admission to the Event
Necessary conditions for participation in the Event are as follows:
a. Having paid the membership fee for the current year to the Tuttinbarca Association
b. To be in possession of good swimming skills
c. Be in good health and be fit to participate in sports activities
d. Possess accident and liability insurance
e. Have completed a brief interview for cognitive purposes and to assess his/her level of nautical skills based on the type of Event
f. Be agreeable to abide by the rules of participation and carry out the instructions and orders of the Captain, Instructors and other representatives of Tuttinbarca. If minors, those who hold parental authority explicitly agree to entrust their children to the Tuttinbarca representatives in charge of the Event so that they will comply with their instructions and orders for the smooth running of the Event in the interest of all participants.
Article 6 - Participation Fee
The price of each Event is indicated on tuttinbarca.ch. The Participation Fee shall be paid by each Participant within the terms set forth below:
a. Upon confirmation of registration by Tuttinbarca, the Participant shall pay a deposit of 50% (fifty percent).
b. The remaining installment of 50% (fifty percent) no later than 60 (sixty) days prior to the start date of the Event.
c. The payment of the participation fee includes the social fee
d. In case of non-payment within the above terms, Tuttinbarca shall have the right to esc
e. In case of non-payment in the above terms, Tuttinbarca shall have the right to exclude potential participants from the Event.
The Event participation fee includes:
a. Use of the boat and outbuildings, boat liability insurance
b. Accommodation on board
Except as stated on tuttinbarca.ch on the Event page, the Event participation fee does not include what is not mentioned in the GTC, which by way of illustration includes:
a. Transportation expenses (flights, cabs, shuttles, etc.) roundtrip to/from the embarkation base
d. Ports and buoys
e. Food, beverages and other purchases ashore
f. Internet connection
Should Tuttinbarca incur additional expenses not included in the price, Participant agrees to reimburse the full amount within 30 days of the written request for reimbursement. Tuttinbarca is not responsible for flights/transports purchased by Participants and it is recommended to conclude travel insurance for any cancellations.
Article 7 - Rules of Conduct and Obligations of Participants
Each Event Participant expressly agrees that the boat shall be entrusted to the command of a Captain or Instructor chosen by Tuttinbarca. The Captain or Instructor shall be in absolute charge of the boat according to the prescribed safety and navigation regulations.
Participants shall scrupulously follow the directions given by the Captain or Instructor and shall in all cases maintain respectful behavior toward other Participants on board. Serious disregard of the directions given by the Captain or Instructor or other behavioral failures may result in the removal of the Participant from the Event. The Participant, agrees to integrate himself/herself into the Event community and to abide by the applicable rules communicated in writing by Tuttinbarca or verbally by the Captain, respectively Instructor:
- While sailing, Participants shall observe safety and navigation rules and all instructions given by the Captain or Instructor;
- Arrivals and departures shall be in accordance with the dates and times communicated to the Participant prior to the start of the Event by Tuttinbarca as well as by the Captain or Instructor during the course of the Event
- Order and cleanliness are essential on the boats. Each Participant will be required to ensure the hygiene and orderliness of his or her person, berth, as well as common areas, and all equipment on the boat on which the Event will take place. Each Participant will be expected to contribute his or her own labor to the cleaning, maintenance and management of the relevant boat according to the directives received from the Captain or Instructor
- The use of violence (both verbal and physical) and other disrespectful, offensive and socially unacceptable behavior will not be tolerated
- The presence and use during the Event of illegal or immoral substances and/or objects, such as weapons, narcotics, alcoholic beverages where indicated on the tuttinbarca.ch website on the Event page, are strictly prohibited
In case of contraventions of the above obligations or other actions contrary to the law and good morals, the Participants may be excluded from the Event and will bear the costs of the return trip, without any kind of refund of the participation fee.
Article 8 - Waivers, Repatriation and Penalties
In case of cancellation of the Event, the Participant shall give immediate written notice to Tuttinbarca by registered letter to be sent to the registered office of the Association or to the e-mail address firstname.lastname@example.org respectively. Cancellation of the Event by the Participant will result in:
- a full refund of the fee paid, if the cancellation is received within 14 days of the Confirmation of Registration
- a refund of 70% of the fee paid, if the cancellation is received within 60 days before the start of the Event
- A refund of 30% of the fee paid, if the cancellation is received between 59 days and 31 days before the start of the Event
Nothing will be refunded in case of cancellations less than 30 days before the start of the Event or to the participant who leaves the Event before the end of the program. Participants are encouraged to conclude insurance to cover any cancellation costs and expenses.
If the Participant does not abide by the rules and obligations, is uncomfortable (e.g., strong disagreements with the Captain, Instructors, other participants) Tuttinbarca reserves the right to have the Participant discontinue the Event. In such a case, the Participant will assume all costs of repatriation, and this without any refund of the participation fee. In case of repatriation, the Captain will not be required to change the travel schedule for the disembarkation of the Participant.
Article 9 - Cancellation/Interruption of the Event
It is at the risk of each Participant any cancellation/interruption of the Event due to force majeure causes such as boat failure, adverse weather conditions, an injury occurring to the Captain, Instructor or one of the participants, or any other cause that is not otherwise attributable to an act, act or omission dependent on the willful misconduct, fault or gross negligence of the Association a/o its employees. Any cancellation/interruption of the Event for the aforementioned reasons will not entitle the Participant to receive a refund of the amount paid.
In case of contagious diseases (or in case of well-founded suspicion), the Participant shall immediately return to his/her home, assuming all repatriation costs and without refund of the participation fee.
Article 10 - Liability and Insurance
Tuttinbarca shall not be liable in any capacity for the loss, misappropriation or deterioration of Participants' valuables or other personal belongings, including but not limited to, money, jewelry, clothing, various diving or swimming equipment and electronic devices.
The Participant in turn is not liable for damage to the boat during the Event, unless caused intentionally, negligently, or through gross negligence. Otherwise Tuttinbarca may seek reimbursement of proven replacement or repair costs.
Tuttinbarca is not responsible for any damages and/or injuries resulting from Participant's failure to comply with the rules of Conduct or orders given by the Captain or Instructor. The Participant assumes full responsibility, without recourse against Tuttinbarca or its employees, for property damage or bodily injury caused by the Participant to third persons.
The boat used for the Event is covered by Public Liability insurance. All personal insurance (liability, accident, trip cancellation, and other insurances) are the responsibility of Participants. Since the Events take place abroad we recommend that Participants ascertain the validity of the corresponding insurance coverage.
Tuttinbarca's liability to each Event Participant is limited to the participation fee. Any liability for damages such as loss of earnings, loss of profit or other damages asserted by the Participant or his legal representative is excluded.
Article 11 - Photographic Rights, and/or Video Rights
During the Events, Tuttinbarca, through its employees, intends to take photos or make videos to highlight and promote its activities as a sports association.
Participants grant their express consent to Tuttinbarca to publish and/or transmit through any medium, photographs or footage taken during the Event, for use related to promoting Tuttinbarca's activities, such as brochures, television commercials, multimedia channels on the internet, social media, and other channels that may be used for marketing purposes. The processing of collected images will be carried out in compliance with the law.
Article 12 - Applicable Law and Jurisdiction
For the resolution of any dispute concerning
the interpretation or execution of the Contract, including all annexes to the
Contract, and these General Conditions, the court of Lugano shall have
exclusive jurisdiction. The applicable law shall be Swiss law.