General terms and conditions
Valid from October 2026
This English version is a translation for convenience. The German version is authoritative.
1. Scope
1.1
These general terms and conditions (hereinafter “Terms”) apply to the use of the website www.smbyacht.com and to all services provided by Branna Marine Service Hamburg GmbH under the brand name “Yacht Broker House” (hereinafter “Provider”) to interested parties, buyers, sellers, charter clients and principals (hereinafter “Client”).
1.2
The Provider acts as a yacht broker and service provider. Its services comprise in particular:
- introducing and brokering purchase contracts for motor yachts, sailing yachts and catamarans,
- brokering charter contracts,
- surveys, certification and consultancy,
- assistance with flag registration,
- yacht management including technical services.
1.3
These Terms apply both to consumers within the meaning of Section 13 of the German Civil Code (BGB) and to entrepreneurs within the meaning of Section 14 BGB, unless individual provisions of these Terms stipulate otherwise.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of their trade, business or profession.
1.4
Deviating or supplementary terms of the Client become part of the contract only if the Provider has expressly agreed to them in text form.
2. Information on the website and in listings
2.1 Non-binding information
The presentation of yachts and services on the website serves solely as non-binding information. It constitutes neither a binding offer within the meaning of Section 145 BGB nor an invitation to submit a contractual offer. Contracts cannot be concluded via the website.
2.2 Source of the information
The particulars of the yachts shown, in particular year of build, dimensions, engines, engine hours, equipment, condition, location and VAT status, are based on information from the owners or other third parties. The Provider passes on these particulars to the best of its knowledge but has not verified them in every individual case.
The particulars do not constitute an agreement on quality and no guarantee. Only the agreements in the respective purchase or charter contract are decisive.
2.3 Prices
The purchase prices stated are the owners’ asking prices in euros. The reference to the VAT status (“VAT paid” or “VAT not paid”) reflects the information given by the owner.
For charter yachts, weekly prices are stated as starting prices. The price applicable to the requested period and any additional costs are set out in the respective charter quote.
2.4 Availability
All offers are subject to change. Prior sale, prior charter, price changes and withdrawal of a yacht from the market are reserved.
2.5 Images
Photographs and other images show the condition at the time they were taken. They may differ from the current condition and from the scope of equipment of the yacht.
3. Inquiries and conclusion of contracts
3.1 Inquiries
Interested parties may contact the Provider by telephone or email to obtain information about a yacht or a service. An inquiry is non-binding.
3.2 Purchase contracts
When yachts are sold, the Provider acts as an intermediary. The purchase contract for a yacht is concluded exclusively between the buyer and the seller (owner), unless the Provider expressly acts as seller in its own name.
The seller is responsible for the performance of the purchase contract and for the condition of the yacht.
3.3 Charter contracts
When charter yachts are brokered, the charter contract is concluded between the charter client and the respective owner or charter operator. The terms of the respective charter contract apply in addition.
3.4 Brokerage contracts and other services
Brokerage contracts and contracts for surveys, consultancy, flag registration and yacht management are concluded by separate agreement between the Provider and the Client. The nature and scope of the service are set out in that agreement.
4. Viewing and inspection of the yacht
4.1
The Client is advised to view a yacht before concluding a purchase contract and to have it inspected by an independent surveyor.
4.2
Viewings and sea trials take place by appointment and in coordination with the owner.
5. Remuneration
The Provider’s remuneration for brokerage services and other services is governed by the agreement made in each case.
The use of the website and a non-binding inquiry do not give rise to any costs for the Client.
6. Confidentiality of documents
The information and documents about a yacht supplied by the Provider are intended exclusively for the Client. They may be passed on to third parties only with the Provider’s prior consent.
7. Liability
7.1
The Provider is liable without limitation for damage resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives or its vicarious agents.
7.2
In the event of a slightly negligent breach of material contractual obligations, the Provider is liable only for foreseeable damage typical for the contract. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely.
7.3
The above limitations of liability do not apply to damage resulting from injury to life, body or health, to guarantees expressly given, or where mandatory statutory provisions provide otherwise.
7.4 Information from third parties
The Provider is liable for the accuracy and completeness of information originating from owners or other third parties only in accordance with clauses 7.1 to 7.3.
7.5 References to other websites
The website contains references to third-party websites. Their respective operators are solely responsible for their content.
8. Copyright
Texts, photographs and other content of the website are protected by copyright. Any reproduction or use beyond the cases permitted by law requires the prior consent of the Provider or the respective rights holder.
9. Data protection
Information on the processing of personal data can be found in the privacy policy.
10. Applicable law, place of jurisdiction and language
10.1 Applicable law
All contracts and legal relationships between the Provider and the Client are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Towards consumers, this choice of law applies only insofar as it does not restrict mandatory statutory provisions of the state in which the consumer has their habitual residence.
10.2 Place of jurisdiction
If the Client is a merchant, a legal entity under public law or a special fund under public law, Hamburg is the place of jurisdiction for all disputes arising from the contractual relationship.
10.3 Language
These Terms are drawn up in German. The German version is authoritative.
11. Alternative dispute resolution
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
The Client’s statutory rights, in particular the right to bring matters before the ordinary courts, remain unaffected.
12. Final provisions
12.1 Precedence of individual agreements
Individual agreements between the Provider and the Client take precedence over these Terms insofar as they have been expressly agreed. Individual agreements may in particular be recorded in contract documents or otherwise in text form.
12.2 Severability
Should individual provisions of these Terms be or become invalid, unenforceable or legally ineffective in whole or in part, the validity of the remaining provisions remains unaffected.
The statutory provisions apply in place of the invalid or unenforceable provision.
Provider
Branna Marine Service Hamburg GmbH
Brand name: Yacht Broker House
Hans-Henny-Jahnn-Weg 53, c/o Rechtsanwalt Mortensen
22085 Hamburg
Germany
Managing Director: Janett Inge Ruppenthal
Register court: Amtsgericht Hamburg (Hamburg Local Court), HRB 200757
Phone: +49 176 73809015
Email: info@smbyacht.com
Website: www.smbyacht.com