Kramer Yachting Switzerland GmbH
Draft – As of: October 28, 2026
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to business relations between Kramer Yachting Switzerland GmbH (hereinafter "Kramer Yachting Switzerland") and its customers in connection with the distribution, brokerage, and acquisition of yachts, in particular Lagoon sailing and power catamarans, as well as the associated consulting and support services.
1.2 The GTC apply to the extent that they have been incorporated into a contractual agreement expressly or by reference.
1.3 Individual written agreements, in particular yacht purchase agreements, order confirmations, and separate service agreements, take precedence over these GTC in the event of contradictions.
1.4 Supplementary contractual terms may apply to financing, leasing, charter management, and services of external partners. These will be made available to the customer prior to the conclusion of a binding contract.
2. Contracting Parties and Services
2.1 Kramer Yachting Switzerland operates as the Swiss point of contact for the distribution of Lagoon catamarans and offers personal consultation, sales support, and related services.
2.2 Depending on the business model, Kramer Yachting Switzerland acts as a direct seller or as an intermediary between the customer and another seller.
2.3 The respective role and the identity of the actual seller are expressly set forth in the individual offer or purchase agreement.
2.4 Where necessary, Kramer Yachting Switzerland collaborates with the Lagoon shipyard, companies within the international Kramer Yachting network, and specialized service providers.
2.5 Legally independent companies remain responsible for the services contractually undertaken by them.
3. Offers and Conclusion of Contract
3.1 Information on the website, in brochures, price lists, and other promotional materials serves general product information purposes and generally does not constitute a binding offer to purchase.
3.2 Individual offers contain the essential details regarding the yacht, its configuration, the price, and the intended scope of services.
3.3 A binding purchase agreement is concluded by the mutual contractual agreement of the participating parties. The agreed form for this arises from the individual offer or purchase agreement.
3.4 Verbal statements and non-binding preliminary clarifications only become part of the purchase agreement if they have been expressly agreed upon or bindingly assured by the seller. Mandatory statutory rights remain reserved.
4. Yacht Configuration and Equipment
4.1 Lagoon catamarans can be individually configured within the scope of options offered by the manufacturer.
4.2 The binding equipment arises from the signed purchase agreement, the agreed options list, and the associated technical documentation.
4.3 Illustrations, renderings, photographs, and exhibition models may show optional equipment, individual materials, or configurations that deviate from the standard scope.
4.4 Technical developments and modifications by the manufacturer remain reserved, provided they do not materially impair the contractually agreed scope of performance. Material deviations require a separate agreement and are subject to the buyer's statutory rights.
4.5 Subsequent change requests by the customer may affect the price, equipment, and delivery date. They shall be agreed upon separately prior to implementation.
5. Prices and Payment Terms
5.1 Only the prices and payment terms stipulated in the individual purchase agreement are binding.
5.2 Prices may be stated differently depending on the country of delivery, currency, and contract structure. Whether value added tax, import duties, transport, registration, outfitting, or other ancillary costs are included is specified in the offer or purchase agreement.
5.3 Advance payments, partial payments, and final payments are governed in the purchase agreement, specifying the respective due dates and payees.
5.4 Payments must be made exclusively to the contractually agreed payees and bank accounts.
5.5 In the event of default in payment, the contractually agreed provisions and applicable statutory provisions shall apply.
5.6 Price changes after conclusion of the contract are permissible only within the framework of a corresponding effective contractual agreement.
6. Financing and Leasing
6.1 Upon request, Kramer Yachting Switzerland assists customers in evaluating suitable financing or leasing options.
6.2 Financing, if applicable, is provided by specialized banks, leasing companies, or other financial service providers.
6.3 The decision to grant financing, as well as its conditions, rests with the respective financing partner.
6.4 There is no entitlement to the brokerage or approval of any specific financing.
6.5 A financing or leasing agreement is concluded separately between the contracting parties designated for this purpose.
7. Delivery and Handover
7.1 The place of delivery, intended delivery date, transport, transfer, and scope of handover services are set forth in the individual purchase agreement.
7.2 Delivery dates are only considered binding fixed dates if this has been expressly agreed.
7.3 If delivery delays become apparent, the responsible contractual partner will inform the buyer and coordinate the further procedure with them.
7.4 Rights and obligations in the event of a delivery delay arise from the purchase agreement and the applicable law. Mandatory statutory claims remain unaffected.
7.5 During handover, the yacht and the agreed equipment are inspected as part of a joint handover process.
7.6 A handover protocol documents the condition of the yacht and any pending items.
7.7 The transfer of ownership, benefit, and risk is governed by the individual purchase agreement and the applicable law.
8. Warranty and Manufacturer Guarantees
8.1 The buyer's statutory warranty rights are governed by the law applicable to the respective purchase agreement and the effectively agreed contractual terms.
8.2 Any additional manufacturer warranties by Lagoon apply to the extent assured in each case and in accordance with the warranty terms provided therefor.
8.3 A manufacturer warranty does not replace statutory warranty rights against the responsible seller, insofar as these are applicable.
8.4 The customer is requested to document noticeable defects as promptly as possible and to notify the responsible contractual partner. Statutory duties of inspection and notification of defects remain reserved.
8.5 For the processing of warranty and guarantee claims, Kramer Yachting Switzerland assists the customer in accordance with the role assumed in each individual case.
9. Registration, Insurance, and Additional Services
9.1 Upon request, Kramer Yachting Switzerland assists in organizing registration, insurance, transport, delivery, and other yacht-related services.
9.2 These services may be provided by professionally qualified external partners.
9.3 The scope of services, responsibilities, compensation, and contractual partners are determined prior to a binding engagement.
9.4 Official permits, flag registrations, and insurance coverages are subject to the applicable statutory and contractual requirements.
10. Charter Management
10.1 Kramer Yachting Switzerland informs interested owners about options for commercial use and inclusion of their yacht in a charter management program.
10.2 Charter operations are conducted on the basis of separate agreements with the respective responsible charter operator.
10.3 Matters of personal use, marketing, remuneration, maintenance, liability, insurance, contract term, and termination are governed in the corresponding charter management agreement.
10.4 Information regarding potential charter revenues or operating costs is to be understood as calculation bases or forecasts, unless a binding assurance has been expressly agreed.
10.5 A specific capacity utilization, revenue, or return is not guaranteed, unless expressly and legally effectively agreed.
11. Liability
11.1 The liability of Kramer Yachting Switzerland is governed by its respective contractual role, the individually assumed obligations, and the applicable statutory provisions.
11.2 Liability is not excluded or limited in advance for damages caused intentionally or through gross negligence.
11.3 For services provided by legally independent third-party companies, the respective agreed contractual relationships apply. Any liability of Kramer Yachting Switzerland itself remains reserved.
11.4 Mandatory statutory liability provisions and claims remain unaffected.
12. Data Protection and Confidentiality
12.1 Kramer Yachting Switzerland processes personal data within the framework of applicable data protection legislation and its privacy policy.
12.2 Customer data is used in particular to process inquiries, prepare contracts, execute contracts, and provide customer support.
12.3 Data will be shared with manufacturers, affiliated companies, or external service providers to the extent necessary for the agreed services or otherwise legally permitted.
12.4 Further information on data recipients, processing purposes, and data subject rights can be found in the separate privacy policy.
13. Intellectual Property and Documents
13.1 Trademarks, logos, technical drawings, images, brochures, and other protected content remain the property of the respective rights holders.
13.2 Documents provided to the customer may be used for the intended purposes within the legally permissible scope.
13.3 Any further commercial use, publication, or reproduction requires the necessary consent of the rights holders.
14. Amendments to the GTC
14.1 Kramer Yachting Switzerland may amend these GTC for future business relationships.
14.2 For contracts already concluded, the version validly agreed upon at the time the contract was concluded generally applies.
14.3 Amendments to existing contractual relationships require a corresponding effective agreement or statutory basis.
15. Applicable Law and Jurisdiction
15.1 Contractual relationships with Kramer Yachting Switzerland are governed by Swiss law, unless expressly and effectively agreed otherwise or precluded by mandatory statutory provisions.
15.2 The courts having jurisdiction under the applicable statutory provisions shall have jurisdiction over disputes.
15.3 In transactions with an international dimension, differing mandatory jurisdiction and choice of law provisions may apply.
15.4 Separate agreements with foreign sellers, charter operators, or financing partners may be subject to their own choice of law and jurisdiction clauses.
16. Final Provisions
16.1 Should any provision of these GTC be invalid or unenforceable, the remaining provisions shall remain in effect to the extent permitted by law.
16.2 Ineffective provisions shall be replaced by the relevant statutory provisions.
16.3 These GTC are provided in the German language. In the case of versions in other languages, the language agreed upon for the respective contractual relationship shall govern.
Kramer Yachting Switzerland GmbH
Business address: [to be completed according to commercial register]
E-mail: [to be completed with confirmed contact address]
UID: [to be completed]
*Version of October 28, 2026 – Draft for legal review.*

