General Terms and Conditions
The General Terms and Conditions are an integral part of the contract between the company BOOTSJUNGE-RICHTERSHORN (hereinafter referred to as the Lessor) and the customer (hereinafter referred to as the Lessee). The hirer accepts them by confirming them when booking the boat.
1) Delivery and return of the boats
- 1.1 Our boats are rented out on the basis of the Sportboot- vermietungsverordnung-Binnen! Sport boats with motor to persons not under 16 years of age, sailing boats not under 14 years of age, pedal boats and rowing boats not under 12 years of age. The rental does not take place to persons who obviously do not have the necessary knowledge and skills for operation (according to BinSch-SportbootVermV.) It takes place under indication of the personal data and valid documents (identity card, boat license). A rental contract is concluded for this purpose.
- 1.2 The boats must be returned to the jetty no later than 5 minutes before the end of the booked time. Early return does not entitle the hirer to a refund of the hire charge. If the hirer returns the rental item more than 15 minutes later, he shall be liable to the rental company for the rental income lost as a result.
- 1.3 The Rental Firm shall provide the Hirer with a roadworthy and technically flawless boat and accessories for use. The Hirer shall handle the boat with care and observe all relevant technical rules and regulations for its use and shall secure the boat properly. The hirer undertakes to return the boat in a proper condition.
- 1.4 No liability is accepted for items left behind, lost or forgotten by the Hirer and his/her companion(s).
2) Reservations / Cancellations
- 2.1 Boats can be reserved in advance by providing correct and complete data. Reservations are usually made electronically on the Internet or by fax or in person; reservations made by telephone are not binding and must be confirmed in writing by fax in order to be binding. A written order confirmation will be sent in any case.
- 2.2 The rental price is based on the Lessor's price list in its current version.
- 2.3 If the tenant withdraws from a binding reservation, there is an obligation to pay compensation in the amount of the reserved rental period in the event that the property is not re-let for this period.
3) Payment of rent / deposit
- 3.1 The rental price shall be paid in cash in advance at the start of the journey. Other methods of payment (bank transfer after invoicing) require prior agreement.
- 3.2 A deposit of € 100.00 is required for the rental of motorboats and sailing boats and € 250.00 for pontoon boats. This must be paid before the start of the trip.
4) General behavior
- 4.1 The use of the boats is at your own risk.
- 4.2 For your own safety, you must follow the instructions of the Lessor or persons working for the Lessor.
- 4.3 Keep a distance of at least 20 m from fishing areas and shore areas. You must give passing boats and ships the right of way and keep a safe distance of at least 20 m from them.
- 4.4 Children under the age of 5 must wear suitable life-saving equipment (life jackets). Children can also use their own vests that meet the legal requirements.
- 4.5 The hirer is prohibited from using the boat for motor sport events, for testing purposes, for the commercial transportation of persons and goods or for any other unlawful purposes, even if these are only in accordance with the law of the place of the event.
- 4.6 In the event of an accident, the Hirer must inform the Rental Firm of the details in writing immediately, at the latest when returning the boat, submitting a sketch.
- 4.7 The hirer is also the boat driver. He is liable under traffic law, insurance law and criminal law in the event of personal injury and/or damage to property caused by the consumption of alcohol and/or other intoxicants. Persons other than the hirer who are used to drive the boat must be named before the start of the trip.
- 4.8 Violations will result in the immediate termination of the tenancy without any claim to repayment of the remaining rental price.
5) Damage, transport damage
- 5.1 Any damage or defects must be reported immediately.
- 5.2 Unreported damage is considered gross negligence or willful misconduct, which may result in full liability.
- 5.3 During the rental period, the Lessee is responsible for the rented property. He is also responsible for securing the rented property and accessories against loss. Lost or damaged accessories must be reported to the Lessor immediately. In addition, the value of the lost item must be reimbursed (see also the equipment list in the boat documents).
6) Liability, duty of supervision
- 6.1 In general, no liability is assumed for damages or injuries.
- 6.2 Parents / other supervisors must comply with their duty of supervision and are responsible for the safety of their children / persons to be supervised (wearing life jackets, behavior in the boat, etc.). The lessor is expressly released from any supervisory duties.
- 6.3 In the event of damage caused by gross negligence or intent (e.g. improper handling, inattention, drunkenness), the Hirer shall be liable not only for direct boat damage but also for incidental damage costs (e.g. towing costs, boat downtime due to repairs, expert costs). These may also be invoiced subsequently.
- 6.4 Existing damage will be recorded in a protocol before the start of the rental period.
7) Insurance
- 7.1 The rental price includes liability insurance and, depending on the boat, hull insurance. In the event of accidents, breakdowns and other damage, the Hirer must inform the Rental Firm immediately and await instructions on what to do.
- 7.2 Without the prior consent of the Rental Firm, the Hirer may not acknowledge fault or liability towards third parties in the event of an accident or have the boat repaired or incur other costs. A breakdown or accident does not entitle the hirer to a reduction in the hire charge or to compensation unless there is a conspicuous serious defect in the boat and the lessor or his agents are at fault for this defect. There is no insurance for the hirer himself or his fellow travelers, nor for items brought on board by him.
8) Final provisions
- 8.1 Verbal collateral agreements are not made. Amendments to the contract (boat rental certificate) must be made in writing.
- 8.2 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision or in order to fill any gaps in the GTC, an appropriate provision shall apply which comes closest to what the parties intended according to their economic purpose.
9) Acceptance of the General Terms and Conditions By signing the boat rental certificate or by clicking on the checkbox when making an online reservation, you accept the General Terms and Conditions including the rental instructions. Further components of these General Terms and Conditions are the Recreational Craft Rental Regulations - Inland, the provisions of which are hereby also recognized. Place of jurisdiction is Berlin. German law applies.