The following terms and conditions form part of the rental agreement concluded between the renter and the lessor for a boat. By booking, the renter accepts these terms and conditions for themselves and all accompanying persons.
1. Reservation and Conclusion of Contract
The reservation is made by written order from the renter and becomes a binding contract as soon as it is confirmed in writing by the lessor. The rental price agreed at the conclusion of the contract applies. A deposit of 50% of the rental price is due upon confirmation of the booking. The remaining balance of 50% of the rental price must be received in the specified account no later than 14 days before departure.
2. Withdrawal from the Contract
The renter is entitled to withdraw from their booking at any time before departure without giving reasons. Cancellation must be made in writing. The decisive factor for the time of cancellation is not when it is sent, but when it is received by the lessor. If the renter withdraws from their booking, the lessor — provided the withdrawal is not due to a circumstance for which the lessor is responsible — shall, instead of a claim to the agreed rental price, have a claim as follows:
- For cancellations up to 4 weeks before the start of the charter, a flat processing fee of €50 will be charged.
- For cancellations 28–14 days before the start of the charter, 50% of the rental price will be charged.
- For cancellations up to one day before the start of the charter, 75% of the rental price will be charged.
- For cancellations on the day the charter begins, or in the event of a no-show, the full rental price will be charged.
This arrangement does not affect the booking and payment of catering. Catering can be cancelled no later than 14 days before departure. If cancellation occurs less than 14 days before departure, or if the trip cannot take place for any reason whatsoever, the catering will nevertheless be delivered and invoiced in full.
3. Unavailability
If the lessor is unable to make the rented boat available to the renter, the lessor is entitled to offer a comparable boat or to refund the payments made by the renter in full. Any further compensation is expressly excluded.
4. Conduct on Board
The renter must treat the boat with the greatest possible care, protect it and all its accessories from damage and destruction, and refrain from any alterations or impairments. Conduct on board must comply with the generally recognized rules of seamanship and the provisions of the inland waterways regulations (Binnenschifffahrtsstraßen-Ordnung). The instructions of the boat’s skipper must be followed.
5. Conduct in the Event of Malfunctions
If a malfunction occurs during the rental period that impairs the boat’s operability, the lessor must remedy the malfunction without undue delay. If the malfunction is remedied without undue delay, there is no claim to a reduction of the rental price.
6. Liability
The boat is covered by watersports liability insurance and watersports hull insurance. The renter is fully liable for damage caused intentionally or through gross negligence. Personal belongings, as well as accident-related injuries suffered by persons on board, are not insured. The lessor is not liable for these. The renter takes over the boat at their own responsibility. Please note that the lessor taking out insurance does not release the renter from liability for damage that is not covered by the insurance, or for which the insurer has expressly reserved the right to seek recourse against the renter. This applies in particular to damage resulting from gross negligence, intent, or non-compliance with the contract terms, as well as to any consequential damage. The renter is also liable for loss of earnings resulting from the boat’s unavailability due to damage caused by the renter. Liability on the part of the lessor for breaches of contract due to force majeure, riots, strikes, and lockouts is excluded. Claims for damages arising from impossibility of performance, non-performance, positive breach of contract, fault at the conclusion of the contract, and tort are excluded against both the lessor and their agents or auxiliary staff, provided the damage was not caused intentionally or through gross negligence.
10. Miscellaneous
Non-slip boat or sports shoes with light-coloured, non-marking soles must be worn on board. Pets are not permitted.
11. Jurisdiction and Validity
The place of jurisdiction and performance is Berlin. German law applies exclusively. Agreements and side agreements must be made in writing. The invalidity of individual provisions does not affect the validity of the remainder of the contract. Errors and changes reserved.
