Terms and Conditions

1. Scope of Application
These General Terms and Conditions (“GTC”) apply to all contracts, bookings, offers and services provided by FRS Windcat Offshore Logistics GmbH (“Operator”) in connection with offshore, maritime and marine services. This includes, but is not limited to, the operation of Crew Transfer Vessels (CTV), logistics, transport, support and related services. By placing an order or using the services, the client (“Client”) accepts these GTC.

2. Services
2.1 The Operator provides maritime and offshore services, in particular the transport of personnel, materials, equipment and other goods to and from offshore installations, as well as related support and service activities.
2.2 The scope and nature of the services are defined in the respective contract, offer or booking confirmation and are subject to suitable weather, sea and safety conditions.
2.3 The Operator reserves the right to adjust schedules, vessels, crews or operational procedures for safety, technical or operational reasons.

3. Booking and Contract Formation
3.1 Orders and bookings must be made in text form.
3.2 A contract is concluded only upon written confirmation by the Operator.
3.3 The Operator may require advance payments, securities or proof of creditworthiness prior to commencement of services.

4. Prices and Payment
4.1 Prices are stated in the agreed currency and are exclusive of applicable value-added tax unless expressly stated otherwise.
4.2 Payment terms are defined in the respective contract or booking confirmation. Unless otherwise agreed, invoices are payable within 30 days of the invoice date.
4.3 In the event of late payment, the Operator is entitled to charge interest at a rate of 10% per month.
4.4 The Operator may suspend services in whole or in part in the event of overdue payments.

5. Changes, Cancellations and Service Interruptions
5.1 Changes or cancellations must be submitted in text form.
5.2 Cancellation or modification fees may apply in accordance with the relevant agreement or booking confirmation.
5.3 The Operator is entitled to cancel, postpone, interrupt or modify services due to force majeure, adverse weather or sea conditions, governmental orders or other operational constraints. No liability shall arise for any direct or indirect damages resulting therefrom.

6. Safety and Compliance
6.1 Clients, passengers and any involved personnel must comply with all safety, operational and conduct regulations of the Operator, including the use of required personal protective equipment (PPE).
6.2 The Operator reserves the right to refuse transport or service to any person who does not comply with safety requirements.
6.3 All required personal, medical and safety-related information must be provided fully and accurately.

7. Liability
7.1 To the extent permitted by law, the Operator shall be liable for personal injury or property damage only in cases of wilful misconduct or gross negligence.
7.2 The Operator shall not be liable for delays, interruptions, failures or loss of time caused by weather conditions, sea state, technical issues or other circumstances beyond the Operator’s reasonable control.
7.3 Liability for indirect damages, consequential losses or loss of profit is excluded.

8. Insurance
8.1 The Operator maintains industry-standard Protection & Indemnity (P&I) insurance and any other insurance required by law or industry practice.
8.2 The Client is responsible for adequate insurance coverage for its personnel, passengers, equipment, cargo and any other property brought on board or used in connection with the services.

9. Force Majeure
The Operator shall not be liable for failure or delay in the performance of services resulting from force majeure events, including but not limited to extreme weather, ice conditions, natural disasters, strikes, governmental measures, technical failures or other unforeseeable events beyond the Operator’s control.

10. Data Protection
Personal data shall be processed in accordance with applicable data protection laws and the Operator’s data protection policy.

11. Governing Law and Jurisdiction
11.1 These GTC shall be governed exclusively by the laws of the Federal Republic of Germany.
11.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC shall be Flensburg, Germany.

12. Amendments to the GTC
The Operator reserves the right to amend these GTC at any time. Amendments shall apply to future contracts and services and will be communicated in an appropriate manner.