General Terms and Conditions for Ship Rental GREGORS GmbH

I. Validity 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 contract

Offers made by GREGORS GmbH are subject to change and non-binding. The contract shall only become binding upon receipt by GREGORS GmbH of the written order confirmation with the signatures of both contracting parties.
If GREGORS GmbH does not receive this letter signed and stamped by the customer within 8 days of the date of issue of the order confirmation, the order/confirmation shall be deemed non-binding.

III. Services of the shipping company

The shipping company shall make the ship available to the charterer in operational condition, including technical equipment and the necessary crew in accordance with the relevant statutory provisions for the agreed period of use and the intended route. For charter trips, the passenger ships and launches are available for a maximum of 15 minutes for boarding. The surcharge-free time for leaving the ship after the end of the journey and mooring is also a maximum of 15 minutes. Any additional time used by the Charterer for loading and unloading shall be invoiced separately at the agreed hourly rate. Routes requested by the Charterer can only be taken into account in consideration of the water and weather conditions as well as the relevant statutory provisions and the agreed period of use. If circumstances arise that prevent or restrict the voyage and for which the shipping company is not responsible – e.g. ice, fog, high and low water, strong winds, etc. – the event will take place in the possibly reduced time. – the
event shall take place in the possible reduced scope of the voyage or at the berth, without the Charterer being entitled to a reduction of the agreed remuneration. The decision on the possible routes or the interruption of the voyage for the above-mentioned reasons is at the sole discretion of the skipper. The shipping company assumes no warranty for the fact that agreed berths cannot be used, for example due to occupancy by other ships or for other reasons for which the shipping company is not responsible. If the ship provided for in the contract is not ready for use, the shipping company will provide a suitable replacement ship, unless the lack of readiness for use is due to force majeure.

IV. Remuneration

The prices agreed at the time of commissioning as stated in the booking confirmation from GREGORS GmbH shall apply. The charter time includes set-up times, idle times, waiting times and the travel time with the guests. The charter time begins with the departure of the ship from the berth at the place of departure and ends when the ship docks at the agreed time. A deposit as agreed or at least three quarters of the expected price must be transferred to the account of GREGORS GmbH after receipt of the booking confirmation. The remaining payment must be made immediately after receipt of the invoice. If the charterer does not pay at the latest one week before the start of the voyage despite a reminder and a grace period set by the shipping company, the shipping company may refuse to fulfill the contract and claim damages for non-performance. The amount of compensation is based on the flat rates provided for the charterer’s withdrawal.

V. Withdrawal of the Charterer

If the charterer terminates the contract, withdraws for reasons for which the shipping company is not responsible or does not accept the agreed service at the agreed time, the shipping company retains the right to the agreed remuneration. The Schiffsvermietung GREGORS GmbH can charge without proof of the amount of damage: In the event of 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 days before the start of the service 100% of the order amount on the day of the trip 100% of the order amount. If an order is canceled on the day of the trip or not at all, the full contract amount is due. Any expenses or other outlays incurred will be charged to the customer

VI. Liability

The charterer is liable for damages caused to the shipping company by his guests, employees or agents, as for own fault. The shipping company reserves the right to demand proof of suitable insurance from the charterer. The liability of the shipping company for damages of the charterer, his guests, employees and agents is excluded, unless the damages are based on intent or gross negligence of the shipping company and its employees. In all other respects, the liability of the shipping company corresponds to the amount prescribed by law. The shipping company is not liable for the loss of or damage to items brought on board 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.

VII. Hospitality

Meals may, by arrangement, be supplied by external suppliers of the charterer’s choice. Unless a catering flat rate has been agreed with the shipping company. However, the supplier must also provide crockery, cutlery, table linen and service personnel for the meals. Drinks can be organized by the charterer on the launches by arrangement and for an additional charge. On the passenger ships, drinks are exclusively supplied from the on-board bar.
Exceptions must be agreed in writing. The respective supplier must ensure tidiness and cleanliness when leaving the ship. Otherwise the shipping company will charge cleaning fees.

VIII. Decoration

The installation of decorative material or other objects is not permitted without the express written consent of Reederei. All decoration material must comply with the statutory fire protection regulations. The shipping company is not liable for loss of or damage to such decorative material.

IX. Final provisions

No verbal collateral agreements have been made between the parties. Amendments and additions to the agreements made must be made in writing to be legally effective. This also applies to the amendment of this written form clause. Should a provision of the contract be or become invalid, this shall not affect the validity of the remaining contractual provisions. The invalid provision shall be replaced by a provision that comes closest to its economic purpose.