General Terms and Conditions - Berlin Boat Hire (as at: 2023) Translated with DeepL
The following general terms and conditions are an integral part of the charter contract concluded between the hirer and the lessor for a boat. By booking, the hirer accepts the terms and conditions for himself and all persons travelling with him.
1.) Reservation and conclusion of the contract: The reservation is made by written order of the hirer and becomes a firm contract as soon as it is confirmed in writing by the lessor. The rental price agreed upon conclusion of the contract shall apply. The agreed deposit is due after confirmation of the booking. The agreed remaining amount of the rental price is to be transferred to the specified account by the start of the charter or to be handed over to the skipper in cash before the start of the trip. All changes and verbal agreements must be made in writing. Prices confirmed in writing are generally binding and include the legally applicable value added tax. The number of participants is limited in accordance with the registration of the ship.
2.) Cancellation of the contract: The hirer is entitled to cancel his booking at any time before the start of the cruise without giving reasons. The cancellation must be made in writing. Decisive for the time of cancellation is not its dispatch, but its delivery to the lessor.
If the hirer cancels his booking, he shall bear the following cancellation costs:
Cancellation up to 30 days before the start of the journey: 25 % of the journey costs
Cancellation between 30 days and 48 hours before the start of the journey: 50 % of the travel costs
Cancellation within 48 hours prior to departure: 100 % of the travel costs.
If the lessor cancels the contract on the day of the boat trip due to dangerous weather, the hirer will receive 100% of the trip costs back or an alternative date on request. There are no further claims. This regulation is explicitly not valid in case of rain and cool temperatures, but only in case of real danger due to thunderstorms.
3.) Unavailability: if the lessor is unable to provide the hirer with the hired boat, he is entitled to offer a comparable boat or to refund the full amount of the payments made by the hirer. Any further compensation is expressly excluded.
4.) Conduct on board: The hirer must treat the boat with the greatest possible care, protect it and all its accessories from damage and destruction, and refrain from making any changes or impairments. Behaviour on board shall be in accordance with the general, recognised rules of seamanship and the provisions of the Binnenschifffahrtsstraßen-Ordnung. The customer is not entitled to use and pollute the vessel to an intensity exceeding the normal and reasonable extent. In the event of excessive soiling, a cleaning fee of € 50.00 will be charged. The instructions of the boat driver must be followed. The boat driver and the staff of Berlin Bootsverleih are entitled to expel guests from the boat who are more than insignificantly intoxicated or who represent a danger to themselves or others for any other reason, or to cancel the tour immediately. The rental price will not be refunded in this case. The taking of pets on board must be agreed with the rental company before the start of the tour. For safety reasons it is not allowed to jump into the water from the roof or the railing of the respective boat (reason: high risk of injury with low water depth or objects in the water). Leaving the boat is only permitted when the engine is switched off.
5.) Behaviour in case of malfunctions: The lessor shall ensure that the customer is provided with an operationally safe and functional boat. If faults or damage occur during the rental period, the lessor shall ensure that faults affecting the operability of the boat are rectified without culpable delay. If the lessor rectifies reported damage without culpable delay, the customer shall not be entitled to a reduction of the hire charge.
6.) Liability: The boat is covered by water sports liability insurance and water sports hull insurance. The hirer is fully liable for damage caused intentionally or by gross negligence. Personal effects and accidental damage suffered by persons on the boat are not insured. The lessor is not liable for this. It is pointed out that the conclusion of an insurance policy by the lessor does not lead to any release from liability of the lessee for those damages which are not covered by the insurance policy or with regard to which the insurance company has expressly reserved the right of recourse against the lessee. This applies in particular to damage resulting from gross negligence, intent or non-compliance with the terms of the contract as well as to any consequential damage. The hirer is also liable for loss of earnings due to unavailability of the boat as a result of damage caused by him. Liability on the part of the lessor for breach of contract due to force majeure, riots, strikes and lockouts is excluded. Claims for damages due to impossibility of performance, due to non-performance, due to positive breach of contract, due to culpa in contrahendo and due to tort are excluded both against the lessor and against his vicarious agents or assistants, unless the damage was caused intentionally or by gross negligence.
7.) Final provisions: The contracts concluded between Berlin Bootsverleih (owner: Achim Diesing) and the contractual partner are subject to German law, excluding the International Vienna Sales Convention (CISG), even if they are concluded abroad. Should individual provisions not be legally effective or lose their legal effectiveness, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a clause which comes as close as possible to what was intended in economic terms.
Office: 030 / 921 075 890
E-Mail: email@example.com Bankverbindung: Commerzbank Berlin
IBAN: DE071 0040 0000 5503 32100
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