GENERAL CONDITIONS

FOR THE PARTICIPATION IN THE TUTTINBARCA SUMMER CAMPS

Article 1 - Purpose

These general conditions ("GC") govern the participation of persons enrolled in the Summer Camps organized by Tuttinbarca.

Article 2 - Definitions 

Summer Camp or Camp: Event organized by the Tuttinbarca association to bring children and adults closer to the sport of sailing. During the Summer Camps, participants discover new horizons, meet other people and make new friends. It is an enriching experience, but also an intense one. Therefore, minor children should not be obliged to participate if they do not have a will of their own.

Captain: person who holds a sailing license and who is authorized to sail a boat of the type used for the Summer Camp, and who as such is responsible for compliance with safety regulations both on board and ashore by the participants.

Registration Confirmation: has the meaning set out in Article 3 below.

Contract: The Contract between the participant and Tuttinbarca is concluded at the time of the Registration Confirmation and includes the Registration Form, the Registration Confirmation and these General Conditions. Communications prior to or subsequent to the Registration Confirmation, both verbal and in writing, are not an integral part of the Contract.

Registration Form or Form: has the meaning set out in Article 3 below.

Instructors: persons with navigation experience to whom the Captain delegates part of the tasks related to the organization and conduct of the Summer Camps.

Participants: adults registered in the Summer Camp through the Registration Form or minors who, on the date of registration, have not yet reached the age of 18 and are therefore registered through the person who holds parental authority.

Tuttinbarca: Association under Swiss law based in Origlio, and represented by Fabrizio Mancini, President, who acts as the organizing body of the Summer Camps.

Article 3 - Registration Form and Registration Confirmation

Participation in the Summer Camps is subject to the signing of the "Registration Form" duly completed and signed by the applicant or by whoever holds parental authority. Registration is not guaranteed until it is confirmed in writing to the e-mail address mentioned in the Form ("Registration Confirmation"). Registrations will be considered according to the date of receipt. It is possible to register brothers / sisters in the same Camp using only one form. If two people are registered through the same form, the registration confirmation is sent only to the e-mail address of the person who filled in the document. All forms are available on the website (www.tuttinbarca.ch). Further information will be provided by the end of May by e-mail to the address communicated to us in the Registration Form. The Captain or the Instructor may at its sole discretion modify the itinerary described in the Registration Form or Confirmation and / or agreed with the Participants at the time of boarding.

Article 4 - Characteristics of the Summer Camps

The characteristics of the Summer Camps are those described on the www.tuttinbarca.ch website. The start/end dates of the Camp, the port of embarkation and disembarkation, what is included and what is not, are indicated on the www.tuttinbarca.ch/camp web page. Tuttinbarca may at any time change the model of the boats, the itineraries, the places of embarkation and disembarkation indicated on the web page.

The Camps aim to remain accessible even to less well-off families. If the fee is too high for the family's budget, you can send a request for a subsidy, with a brief motivation, by e-mail to info@tuttinbarca.ch. The concession request will be considered as far as possible, but without any guarantee. 

Article 5 - Admission to the Summer Camp

Conditions necessary for participation in the Summer Camp are the following:

a.     To be between 10 and 20 years of age. Exceptions are allowed with the consent of Tuttinbarca and based on the availability of seats

b.     Having paid the membership fee for the current year to the Tuttinbarca association

c.     Be in possession of good swimming skills

d.     Be in good health and fit to practice sports

e.     Owning accident insurance and civil liability insurance

f.     Having completed a short interview for cognitive purposes and to evaluate the motivation

g.     Be independent and cooperative and have the ability to dress and wash yourself, make the bed, set the table, participate in group activities, etc.

h.     Agree to comply with the rules of participation and carry out the instructions and orders of the Captain, the Instructors and other representatives of Tuttinbarca. If minors, those who hold parental authority explicitly agree to entrust their children to the representatives of Tuttinbarca who are in charge of the Summer Camp so that they respect the instructions and orders for the smooth running of the Camp in the interest of all participants.

Article 6 - Participation fee

The price of each Summer Camp is indicated on the www.tuttinbarca.ch website. The participation fee must be paid by each Participant within the terms indicated below:

a.     Upon confirmation of registration by Tuttinbarca, the participant must pay the total amount due within 10 (ten) days of confirmation, or

b.     In two installments, of which a deposit equal to 50% (fifty percent) of the total amount within 10 (ten) days of registration confirmation and the remaining 50% (fifty percent) installment no later than 60 (sixty) days before the start date of the Camp. Payment in two installments implies a supplement of € 30 on the fee

c.     The payment of the participation fee includes the membership fee

d.     In case of failure to pay within the terms indicated above, Tuttinbarca will have the right to exclude potential participants in the Camp.

The participation fee for the Camp includes:

a.     Use of the boat, boat liability insurance, port taxes and diesel

b.     Accommodation and meals on board

c.     Tuttinbarca T-shirt and Sailor's Logbook

The participation fee for the Camp does not include what is not mentioned in the GTC, which as an indication includes:

a.     Transportation costs (flights, taxis, shuttles, etc.) to and from the boarding base

b.     Food, drinks and other purchases ashore

c.     Internet connection

As Tuttinbarca should incur additional expenses not included in the price, the Participant undertakes to reimburse the full amount within 30 days of the written request for reimbursement. Tuttinbarca is not responsible for flights / transport purchased by participants and it is advisable to take out travel insurance for any cancellations.

Article 7 - Rules of Conduct and Obligations of Participants

Each Camp Participant expressly accepts that the boat is entrusted to the command of a Captain or Instructor chosen by Tuttinbarca. The Captain or Instructor will be the absolute responsible on board according to the regulations regarding safety and navigation.

Participants must scrupulously comply with the instructions given by the Captain or Instructor and must in any case maintain a respectful behavior towards the other Participants on board. Serious non-compliance with the instructions given by the Captain or Instructor or other behavioral deficiencies may result in the Participant's removal from the Camp. The Participant undertakes to integrate into the Summer Camp community and to respect the rules in force communicated in writing by Tuttinbarca or verbally by the Captain, respectively Instructor:

•     During navigation and visits ashore, Participants must observe the safety and navigation rules and all the instructions given by the Captain or Instructor;

•     Arrivals and departures must take place in compliance with the dates and times communicated to the Participant before the start of the Tuttinbarca Camp as well as by the Captain or Instructor during the course of the Camp

•     Order and cleanliness are essential on boats. Each Participant will be required to ensure the hygiene and order of their person, their berth, as well as the common areas, all the equipment of the boat on which the Camp will take place. Each Participant will be asked to contribute with their own work to the cleaning, maintenance and management of the related boat according to the directives received from the Captain or Instructor 

•     For safety reasons, the use of mobile phones, tablets and other electronic devices will not be allowed during the course of the Camp. This also ensures that you can enjoy the experience of the Summer Camp intensely, integrate with the group and contact with nature. If the Participants have them with them, these devices will be taken over by the Captain or the Instructors at the beginning of the Camp and returned at the end. We do not accept responsibility for the custody of electronic devices taken over. In case of need for communication with the Participants, the one who holds the parental authority, can contact the Captain and / or the Instructors

•     It is forbidden to bring on board cameras or other tools for photography / video (GoPro, drones, etc.)

•     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 Camp of illegal or immoral substances and / or objects, such as weapons, drugs, alcohol or abusive use of computers, tablets or mobile phones (in particular the viewing of pornographic material) are strictly prohibited

•     In the event of infringements of the aforementioned obligations or other actions contrary to the law and good morals, the Participants may be excluded from the Camp and will be taken home by the person who holds the parental authority, who will assume the costs of the return trip, without no type of reimbursement of the participation fee.

Article 8 - Waivers, Repatriation and Penalties

In case of renunciation of the Camp, the Participant must immediately notify Tuttinbarca in writing by registered letter to be sent respectively to the registered office of the Association or to the e-mail address info@tuttinbarca.ch. The cancellation of the Camp by the Participant will result in:

- the full reimbursement of the fee paid, if the cancellation is received within 14 days of the registration confirmation

- a refund of 70% of the fee paid, if the waiver is received within 60 days before the start of the Camp

- a refund of 30% of the fee paid, if the waiver is received between 59 days and 31 days before the start of the Camp

Nothing will be refunded in the event of cancellations less than 30 days before the start of the Camp or to the participant who leaves the Camp before the end of the program. Participants are invited to take out insurance to cover any cancellation costs and expenses.

If the Participant does not abide by the rules and their obligations, they are not at ease (eg. try to escape, very strong nostalgia) Tuttinbarca reserves the right to have the Camp interrupted and repatriate the Participant. In this case, the Participant will be repatriated to their home, accompanied by the person who holds the parental authority, or whoever it is, and will assume all repatriation costs, and this without any refund of the participation fee. In case of repatriation, the Captain will not be required to change the travel program for the disembarkation of the Participant.

Article 9 - Cancellation / Interruption of the Camp

Each Participant bears the risk of any cancellation / interruption of the Camp due to force majeure such as boat breakdown, adverse weather conditions, an injury to the Captain, the Instructor or one of the participants, or any other cause which is not in any case attributable to a fact, act or omission resulting from willful misconduct, negligence or gross negligence of the Association and / or its staff. Any cancellations / interruptions of the Camp for the aforementioned reasons will not entitle the Participant to receive a refund of the amount paid.

In the event of contagious diseases (or in the case of well-founded suspicion), the Participant must immediately return to their home, accompanied by whoever holds the parental authority, or whoever for it, assuming all repatriation costs and without reimbursement of the participation fee.

Article 10 - Liability and Insurance

Tuttinbarca will not be liable in any way for the loss, theft or deterioration of valuables or other personal effects of the Participants, by way of example, money, jewelry, clothing, various diving or swimming equipment and electronic devices taken into custody.

In turn, the Participant is not responsible for damage suffered by the boat during the Camp, unless they are caused intentionally, through negligence or gross negligence. Otherwise, Tuttinbarca can request reimbursement of proven replacement or repair costs.

Tuttinbarca is not responsible for any damage and / or injuries resulting from the Participants' failure to comply with the rules of conduct or orders given by the Captain or Instructor. The Participant assumes full responsibility, with no possibility of recourse towards Tuttinbarca or its collaborators, for material damage or bodily injury caused by the Participant to third parties.

The boat used for the Camp is covered by a Third Party Liability insurance. All personal insurances (third party, accidents, travel cancellation, and other insurances) are the responsibility of the Participants. Since the Summer Camps are held abroad, we recommend that Participants verify the validity of the corresponding insurance coverage.

The responsibility of Tuttinbarca towards each Participant in the Summer Camp is limited to the participation fee. Any liability for damages such as loss of earnings, loss of profit or other damages claimed by the Participant or his legal representative is excluded.

Article 11 - Photographic and / or video rights

During the Summer Camps, Tuttinbarca, through its collaborators, intends to take photos or make videos to highlight and promote its activities as a sports association.

Participants give their explicit consent to Tuttinbarca to publish and / or transmit by any means, photographs or filming taken during the Summer Camp, 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 the collected images will be carried out in compliance with the law.

Article 12 - Applicable Law and Juridical Court

For the resolution of any dispute regarding the interpretation or execution of the Contract, including all annexes to the Contract, and these General Conditions, the court of Lugano will have exclusive jurisdiction. Applicable law is Swiss law.