2.3 The following insurances are included in the charter Price: water sports-liability insurance, water sports-hull insurance for property damage on German inland waterways with a deductible of €1500,-€ (or 250,-€ with liability reduction) for Wasserkutsche and a deductible of €1500,-€ (or 500,-€ with liability reduction) for the Rossi. In the event of accidents, accidents, or other damages, the charterer has to communicate immediately to the charterer and to wait for behavioural instructions. Without the prior consent of the charterer, the charterer may not accept guilt or liability towards third parties in the event of an accident or have the ship repaired or cause any other costs. A disaster or accident does not entitle you to a reduction of the Charter price or to damages, unless there is a conspicuous serious mistake on the boat and the charterer or his Vicarious agents shall be in fault with this error. There is no insurance for the charterer himself, nor for his fellow passengers, nor for the goods brought on board by him. We recommend the conclusion of insurance for travel cancellation and cancellation. This is possible for example at the Hamburg yacht Insurance Schomacker.
3.2 The charterer is obligated to take part in a detailed handover with instruction with simultaneous control of all technical functions and examination of the presence of all equipment without time-trial and to sign a protocol (checklist) in this respect. By signing the protocol, the charterer shall confirm the proper handover of the boat in accordance with the Protocol. The fee for the instruction is included in the charter price of the first day.
3.5 The charterer undertakes to treat the boat as its property in accordance with all the rules of good semannation. The charterer is liable for all damage to the boat and equipment, also for consequential and failure damages, which are caused by him or his crew intentionally or by gross negligence and are not regulated by the insurance. He will:
3.5.1 Take only the maximum number of persons (stated in the boat papers) allowed on board.
3.5.4 Tow other ships in an emergency only.
3.5.5 During wind force 6 or more moor in a protective port, and not leave the port.
3.7.8 In the event of any damage to the boat due to ground contact or collision, head for the nearest port and notify the charterer.
3.5.9 Do not take animals on board (exceptions by arrangement).
3.5.11 The charterer commits the batteries – as explained in the introduction – not to Tiefenzuentladen and thus cause damage. In case of a deep discharge (battery capacity < 20% = 80 AH) The deposit will be forfeited.
3.6 The chartered boat must be picked up at the agreed time (usually 10am). If the boat is picked up later than the booked time, an amount of €25 per additional hour or partial hour that our staff waits for you will be charged.
3.7 The chartered boat must be brought to the pier at the end of the charter period (usually 7pm or as agreed on in the contract).If the boat is returned later than the agreed charter period, an amount of €25 per additional hour or partial hour will be charged.
3.8 If the boat is left by the charterer in a place other than the agreed location, for reasons for which the charterer is not responsible, the charterer shall bear all costs for the return transport of the boat. Until the boat is returned, the Charter agreement is generally deemed to have been extended
3.9 The final cleaning is included in the charter price for the first day. If unusually thorough cleaning (e.g. dirty dishes/dog hair) is necessary, we may charge an additional cleaning fee of 25€.
3.10 Recourse claims are directed against the charterer/owner and must be confirmed in writing by the representative in charge of the return of the boat and are limited to the maximum amount of the Charter fee stipulated in the contract. Complaints must also be received at the latest 14 days after the return by registration. Obligations and rights of the charterer
3.10.1 Unless the charterer is in fault, the charterer shall not be liable for any damage, which is created by the charterer by the fact that a defect is set on the rental property, which prevents further travel, loss of time or other consequential damages, nor is he liable in such case for damages on board persons and property of the charterer. The contractual liability of the charterer for damages that are not bodily damages is limited to the Charter price, insofar as a damage of the charterer is neither intentional
3.10.2 Wasserkutsche reserves the right to withdraw from the contract if there are reasonable doubts as to the ability to conduct the ship without compensation. Use the boat only for pleasure rides and no commercial activities, such as professional fishing or racing.
4.1 If the charterer withdraws from this agreement, the following cancellation costs are incurred:
4.2 Up to 30 days before the agreed charter start 50% of the total charter price, 30-14 days before charter start 75%, thereafter or at no show 100% of the charter price for the booked period. The resignation must be declared in writing.
4.3 If a replacement charter succeeds, the charterer will receive his down payment less the cost of 35 euro.
4.4 In case of severely persistent storms and the trendy winds of six or more, you must start or not leave a protective port. If you are unable to travel due to storms, we reserve the deposit and try to find an alternative date with you.
5.1 For all disputes arising from this agreement, if the charterer is an entrepreneur, Berlin is agreed as the place of jurisdiction.
5.2 Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the contract remains unaffected by the remainder.