GENERAL TERMS AND CONDITIONS

PLACING OF ORDER

By submitting the order or booking confirmation in the form of a written confirmation (email form is sufficient), the following terms and conditions are deemed to have been accepted. The contract is only deemed to have been concluded once a deposit of 50% has been paid (see terms of payment).

Or when an electronic booking via the Regiondo booking system has been confirmed by the Operator.

All changes and verbal side agreements must be made in writing. Prices confirmed in writing are always binding and include the legally applicable VAT. The number of participants is limited in accordance with the ship's license.

TERMS OF PAYMENT

Unless otherwise agreed or made online via Regiondo, all payments must be made to the specified business account. For a binding booking, the customer must pay a deposit of 50% (of the total amount) within 7 days of receiving the invoice. Only then is the desired date bindingly reserved. The journey will commence after receipt of the remaining invoice amount. Other payment modalities are only binding with prior written agreement. Any additional costs incurred shall be borne by the customer. If the customer is in default of payment, the operator is entitled to withdraw from the booking contract or to demand compensation for non-performance after a written grace period of 14 days.

WITHDRAWAL FROM THE CHARTER CONTRACT

If the customer demands withdrawal from the contract for reasons for which the operator is not responsible, the customer must bear the cancellation costs:

• 25% of the total gross price if an existing binding booking is canceled up to 28 days before departure
• between 28 and 14 days before the charter date 50% of the total gross price
• between 13 and 1 day before the charter date 75% of the total gross price
• on the same day, the total gross price must be paid even in case of no-show

INSURANCE

The boats are covered by hull and liability insurance.

RENTAL GOODS

The operator shall ensure that the customer is provided with a safe and functional vessel. If faults or damage occur during the rental period, the operator must ensure that faults that impair the operability of the vessel are rectified without culpable delay. If the operator repairs reported damage without culpable delay, the customer is not entitled to a reduction in the rental price. A delay of up to 40 minutes due to malfunctions on the ship does not justify non-arrival or reimbursement of the total gross price, but does justify a reduction in the rental price. If the operator is unable to make the rented vessel available to the customer for reasons for which he is not responsible, he is entitled to provide an equivalent vessel if possible or to refund the entire rental price. Any further compensation, such as the reimbursement of travel and accommodation costs and travel insurance premiums, is excluded.

USE OF THE SHIP

1. The vessel may only be operated by the responsible skipper, who must have an appropriate boating license. The use of the vessel and conduct on board must be in accordance with the generally recognized rules of seamanship and the provisions of the BinSchStrO. The skipper is provided by another company and invoiced via the operator.
2. The hirer is not entitled to use or pollute the boat to an extent that exceeds the normal and reasonable extent. Failure to do so shall entitle the hirer to terminate the tour immediately. The rental price will not be refunded. In the event of excessive soiling, a cleaning fee of € 100.00 will be charged, in the event of improper use of the boat toilet, a repair and cleaning fee of € 250.00 will be due, both in addition to any further claims for damages.
3. The skipper and the operator's staff are entitled to expel guests who are under the influence of alcohol or who pose a danger to themselves or others for any other reason, or to cancel the tour immediately or not to start it at all if the guests or even just one guest appear uncontrollable. The agreed payment amount is also then due in full.
4. The skipper determines the type and intensity of lighting, the degree to which sun or rain protection tarpaulins are opened, the distribution of passengers on board for the purpose of load distribution, the volume of music, whether or not to bring in any objects, where to swim, where to anchor and where to embark and disembark.
5. The skipper also decides whether a trip can be undertaken or not based on the swell, wind force and weather. From wind force 4, Beaufort 3, there is generally a sailing ban for pleasure craft, but even with less wind it may be necessary not to set sail, e.g. due to heavy rain, low visibility or any other weather-related reason. In such a case, the operator will offer an alternative date as a gesture of goodwill. Any costs already incurred, such as the mooring fee, will not be charged twice. The original total price will be charged.
6. The carriage of children and pets must be agreed with the operator before the start of the trip. Children up to the age of 12 and guests who cannot swim must wear a life jacket, which will be provided by the skipper. In general, the skipper has the right to require other passengers to wear a life jacket.
7. The hirer is aware that the boat must leave the pier on time. Delayed boarding does not lead to more travel time beyond the agreed end time. Five minutes after the start of the agreed rental period, the operator's boat must leave the boarding point to make way for other boats. If a hirer arrives more than five minutes late, the operator's boat may have to wait for other boats to leave before it can moor again. This will not result in more rental time beyond the agreed end time. Furthermore, any delay caused by heavy traffic at the jetty or other reasons will not result in more travel time beyond the agreed end time - these causes are beyond the control of the operator. The operator can also order a change of jetty if the actual jetty is not available for technical or logistical reasons or due to closures. This does not result in a reduction in costs or a change in time. If a boat is checked by the police, this will not result in additional travel time beyond the agreed end time.
8. Bringing in own decorations or own equipment, as well as their installation or attachment requires the written consent of the operator and must be removed independently and without residue by the customer before the end of the order, without delaying the subsequent operation.

LIABILITY

The lessee shall be fully liable for damage caused intentionally, negligently or through gross negligence. The hirer is also liable for damage caused by his guests. In general: The instructions of the skipper and the crew must be followed. The skipper's field of vision must be kept clear at all times. No objects may be thrown overboard. Railings and lines must not be climbed over. The boat must be kept clean. Use of the hammocks is at your own risk.

No liability is accepted for the loss of valuables brought along. Due to its design, the toilet is only suitable for the disposal of faeces. Under no circumstances may other objects or hygiene articles be disposed of through the toilet. Failure of the toilet due to improper use may result in immediate termination of the trip. In any case, a lump sum of € 250.00 will be payable immediately for the repair, in addition to further claims for damages.

Liability for breach of contract due to force majeure, riots, weather conditions, strikes and lockouts is excluded. Claims for damages arising from impossibility of performance, non-performance, positive breach of contract, culpa in contrahendo and tort are excluded both against the operator and against his vicarious agents, unless the damage was caused intentionally or through gross negligence. We reserve the right to withdraw from the contract if it is not possible to rent out the ship due to a change in the legal situation.

The contractual partner is liable for all damages or costs incurred by the operator or third parties, e.g. subsequent crews, due to non-compliance with the contract. The operator is entitled to assert these third-party claims against the contractual partner in its own name.

The use of the customer's own electrical equipment using the operator's electricity network requires the operator's written consent. Any faults or damage to the operator's technical equipment caused by the use of these devices shall be borne by the customer. Furthermore, the customer is liable for bringing their own electrical equipment, in particular: laptop/notebook, mixer/mixing console, turntables, interface, digital mixer, microphone and headphones. Use of the hammocks is at the customer's own risk and the hammocks may be used by a maximum of one person per hammock.

BOAT RULES / HOUSE RULES

1. The boat rules must be strictly adhered to. The contractual partner is responsible for compliance with these. This includes in particular the following rules of conduct. Violation of the boat rules entitles the contractual partner to terminate the contract without notice and to immediately abandon the trip.
2. In general: The instructions of the skipper and the crew must be followed.
3. The skipper's field of vision must be kept clear at all times.
4. The roofs of the ships may not be entered.
5. No liability is accepted for the loss of valuables brought on board.
6. The following applies in particular: Berlin Liquide Bootstouren GmbH is opposed to any form of sexist, racist or homophobic comments or actions. In case of disregard, we reserve the right to expel guests from the boat.
7. The total permitted capacity must be observed.
8. We reserve the right to leave guests who exceed the permitted number of people on the boat ashore.
9. Due to its design, the toilet is only suitable for the disposal of faeces. Under no circumstances may other objects or hygiene articles be disposed of through the toilet. Failure of the toilet due to improper use may result in immediate termination of the cruise. In any case, a lump sum of € 250.00 will be payable immediately for the repair, in addition to further claims for damages. Furthermore, urinating on board is prohibited; the toilets must be used for this purpose.
10. No objects may be thrown overboard.
11. Other boats passing by must not be harassed or insulted.
12. Railings and lines must not be climbed over.
13. Swimming from our boats is only permitted after consultation with the skipper, and only if you can swim and are able to climb a bathing ladder.
14. Dancing on the benches on the upper and lower decks is prohibited.
15. Smoking on board is only permitted in the designated outdoor area.
16. Open fires, coal-fired shishas and fireworks are expressly prohibited.
17. The boat must be kept clean. Glitter and confetti are prohibited on board; anyone who violates this rule must pay a €250 cleaning fee.
18. If written permission has been given to bring dogs on board, they should do their business before the trip, this is not permitted on board and non-compliance will result in a fine.
19. The volume of the music is regulated by the on-board staff, not by the guests.
20. Children must not be left unattended on the boat. We have life jackets on board for all children, after consultation.

The place of jurisdiction is Berlin

All changes and verbal agreements must be made in writing.

FINAL PROVISIONS

The contracts concluded between the operator (Berlin Liquide Bootstouren GmbH) and the contractual partner are subject to German law, excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG).

Should individual provisions not be legally valid or lose their legal validity, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a clause that comes as close as possible to the economic intent of the invalid provision.

Berlin Liquide Bootstouren GmbH
Bouchestr. 39
D-12435 Berlin, Germany
Tax number: 137 226 51478
Your contact: Johannes Gottwik
Phone: +49 176 6100 48 35
Email: info@berlinliquide.com
Internet: www.berlinliquide.com
Facebook: facebook.com/berlinliquide
Instagram: instagram.com/berlinliquide