GENERAL TERMS AND CONDITIONS FOR BOAT RENTAL at GREGORS GMBH
I. Validity of terms
The present and future services and offers of GREGORS GmbH are subject to these Terms and Conditions.
II. Offer and contract conclusion
Offers from GREGORS GmbH are non-binding. The contract is only valid with the written order confirmation of GREGORS GmbH and with the signatures of both parties. If within 8 days after the date of issue of the order confirmation GREGORS GmbH this letter is not signed and stamped in front of the customer, the order / confirmation is considered to be non-binding.
III. Services of the shipping company
The shipping company shall provide the charterer with a vessel in working order, including technical resources and crew in accordance with the relevant legal provisions for the agreed period of use and the intended route available. For charter trips to passenger ships and barges, the ships are ready for entry max. 15 minutes before departure. The no-cost time for the departure at the end of the journey and mooring is also no more than 15 minutes. Moreover, extra time taken by the charterer for setting up and discharging will be charged separately at the agreed hourly rate. The desired routes from the charterer must be in compliance with the water and weather conditions as well as the relevant statutory provisions and time requirements. If circumstances arise e.g. Ice, fog, high or low water, strong winds, etc., that lead to preventing or restricting the journey and they are not under the control of the shipping company, then the event will be held when possible with either a reduced route and/or time at the berth. The charterer is not entitled to reduce the agreed remuneration. The decision on the possible routes or the termination of the journey for the reasons mentioned above are the sole responsibility and according to the professional judgment of the skipper. The shipping company does not guarantee that agreed berths are available, due to occupancy by other ships or for reasons not otherwise not under control of the shipping company. If the contractually agreed ship is not ready for use, a suitable replacement vessel will be provided, unless the lack of operational readiness is due to force majeure.
Refunds are based on the prices agreed in the confirmation of GREGORS GmbH when booking. The charter includes preparation times, deadhead times, waiting times and the traveling time with the guests. The journey begins with departure of the ship from the quay and ends with the vessel arriving at its destination quay. A deposit by agreement or at least three quarters of the expected price is to be paid upon receipt of reservation confirmation to the account of GREGORS GmbH. The remaining payment must be made immediately upon receipt of invoice. The shipping company can refuse to fulfill the contract and claim damages for non-performance, if the charterer doesn’t pay despite receiving a reminder or by an extended deadline of the shipping company, which is not later than one week before departure,. The amount of damages is determined by the shipping companies flat rates.
V. Cancellation by the charterer
If the charterer cancels the contract for a reason not accepted by the shipping company, then the agreed remuneration is due to the shipping company . The boat rental GREGORS GmbH can charge the following fees for cancellation :
40% of the contract price up to 60 days before commencement
50% of the contract price from the 59th – 15th day before commencement
80% of the contract price from the 14th – 5th day before commencement
100% of the contract price from 4th day – up to and including the day of the trip
If the customer does not cancel or doesn’t show up then the full contract sum will be due. Any resulting expenses or other expenses will be charged to the customer.
The charterer shall be liable for damage inflicted by the cruise line guests, employees or agents, as for his own negligence. The shipping company reserves the right to require the lessee to prove a suitable insurance. The liability of the shipping company for damages by the Charterer, his guests, employees and agents shall be excluded, unless the damage is based on intent or gross negligence of the shipping company and its employees. The liability of the shipping company is limited to the statutory legal requirement. The shipping company is not liable for the loss of or damage to personal items of the charterer, his guests, employees and agents, unless the damage is based on intent or gross negligence of the shipping company or its employees.
Meals are provided by third-party suppliers at the option of the charterer unless a hospitality package has been agreed with the shipping company. However, the supplier must also bring crockery, cutlery, table linen and service personnel for the food. Drinks can be organized by the charterer to the barges themselves if wished. On the passenger ships, the drinks are provided exclusively from the board bar. Exceptions must be agreed in writing. The respective supplier is required to ensure order and cleanliness when leaving the ship. Otherwise, the shipping company will charge cleaning fees.
The installation of decorative materials or other objects is not permitted without express written consent of the shipping company. All decorative materials must comply with the statutory fire safety regulations. The shipping company is not liable for loss or damage to such decoration material.
IX. Final provisions
Verbal collateral agreements between the parties are not accepted. Changes and additions to the agreements shall not be legally effective unless in writing. This also applies to the amendment of this clause. If any provision of the contract is or becomes invalid, the validity of the remaining provisions shall not be affected. The ineffective regulation is replaced by a provision that reflects its economic purpose.