General terms and conditions for the GREGORS GmbH boat rental company
I. Application of the conditions
The current and future services and offers of GREGORS GmbH are made exclusively on the basis of these terms and conditions.
II. Offer and conclusion of the contract
The offers from GREGORS GmbH are subject to change and non-binding. The contract is only binding after receipt of the written order confirmation from GREGORS GmbH with the signatures of both contracting parties. If this letter is not signed and stamped by the customer within 8 days of the date of issue of the order confirmation GREGORS GmbH, the order/confirmation is considered non-binding.
III. Services of the shipping company
The shipping company provides the charterer with the ship in operational condition including technical equipment and the necessary crew in accordance with the relevant legal provisions for the agreed useful life and the intended route. For charter trips, the passenger ships and barges are max. 15 minutes to get started. The additional free time for leaving the ship after the end of the journey and mooring is also a maximum of 15 minutes. In addition, times taken up by the charterer for upgrading and unloading are billed separately at the agreed hourly rate. The travel routes requested by the charterer can only be taken into account if the water and weather conditions, the relevant statutory provisions, and the agreed duration of use are observed. Circumstances arise that prevent or limit the journey and are not the responsibility of the shipping company – such as Ice rink, fog, high and low water, strong winds, etc. – the event takes place in the possible reduced range of trips or at the berth without the charterer being entitled to a reduction in the agreed remuneration. The decision on the possible routes or the termination of the trip for the reasons mentioned above is solely at the duly discretion of the skipper. The shipping company does not guarantee that the agreed moorings will not be usable, for example as a result of occupancy by foreign ships or for other reasons for which the shipping company is not responsible. If the contractually provided ship is not ready for use, the shipping company will provide a suitable replacement ship, unless the lack of operational readiness is due to force majeure.
Decisive at the order are agreed on prices as they are mentioned in the booking confirmation from GREGORS GmbH. The charter time includes set-up times, empty travel times, waiting times, and the travel time with the guests. The journey time begins with the ship’s departure from the resident of the place of departure and ends with the ship’s arrival at the agreed time. A deposit of half the expected price is to be transferred to the account of GREGORS GmbH after receipt of the booking confirmation. The rest of the payment must be made immediately after receipt of the invoice. If the charterer does not pay the shipping company at least one week before the start of the trip despite a reminder and grace period, the shipping company can refuse to fulfill the contract and claim damages for non-performance. The amount of compensation is based on the flat rates provided for the withdrawal of the charterer.
V. Cancellation of the charterer
If the charterer terminates the contract, if he withdraws for reasons for which the shipping company is not responsible or if he does not accept the agreed service at the agreed time, the shipping company retains the right to the agreed remuneration. The ship rental GREGORS GmbH can raise without proof of the amount of damage: With a withdrawal up to the 60th day before the start of the service 40% of the order amount from the 59th – 15th day before the start of the service 50% of the order amount from the 14th day before the start of the service 80% of the order amount 4 – 1 day before the start of the service 100% of the order sum on the day of the trip 100% of the order sum. If an order is canceled on the day of travel or not at all, the full contract sum is due. Any expenses or other expenses incurred will be charged to the customer.
The charterer is liable for damage caused to the shipping company by its guests, employees, or agents, such as its own fault. The shipping company reserves the right to request proof of suitable insurance from the charter earth. The liability of the shipping company for the damage to the charterer, his guests, employees, and agents is excluded, unless the damage is based on intent or gross negligence on the part of the shipping company and its employees. For the rest, the liability of the shipping company corresponds to the amount according to the legally prescribed regulation. The shipping company is not liable for the loss or damage of items brought in by the charterer, his guests, employees, and agents. Unless the damage is due to intent or gross negligence on the part of the shipping company or its employees.
Meals are delivered by third-party suppliers at the charterer’s option. Unless a catering fee has been agreed with the shipping company. However, the supplier must also bring dishes, cutlery, table linen, and service personnel for the meals. Drinks can be organized entirely by the charterer on the barges. On the passenger ships, the drinks come exclusively from the on-board bar. Exceptions must be agreed upon in writing. The respective supplier must ensure order and cleanliness when leaving the ship. Otherwise, the shipping company charges cleaning fees.
The attachment of decoration material or other objects is not permitted without the express written consent of the shipping company. All decoration materials must comply with legal fire protection regulations. The shipping company is not liable for the loss or damage to such decoration material.
IX. Final provisions:
Verbal side agreements between the parties have not been made. Changes and additions to the agreements made must be in writing to be legally effective. This also applies to changes to this written form clause. Should a provision of the contract be or become ineffective, the effectiveness of the remaining contractual provisions will not be affected. The ineffective provision will be replaced by one that comes closest to its economic purpose.