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Terms and Conditions - Boat Rental

The following General Terms and Conditions are part of the contract between the company Badedampfer BL GmbH, hereinafter referred to as the lessor, and the customer, hereinafter referred to as the lessee. By signing the rental agreement, the lessee acknowledges these conditions for themselves and their companions.

1. GENERAL

(1) Boat rental is only available to individuals who have reached the age of 18 and provide personal information (name, address) along with a valid identification document. (2) The use of boats, including bathing from the boat, is at the lessee's own risk. Wearing suitable life-saving equipment (life vests) is mandatory for children under 8 years and non-swimmers. Parents/other supervisors must fulfill their duty of supervision and are responsible for the safety of their supervised children (wearing life vests, behavior in the boat, etc.). (3) Instructions from the lessor or persons acting on their behalf must always be followed, especially for safety reasons. (4) Boats must be returned no later than the end of the agreed rental period at the agreed location. For each 15 minutes of exceeding the time limit, a compensation of €20.00 will be charged. Early return of the rented item does not entitle the lessee to a refund of the rental price. Neither damage, nor accident, nor weather changes entitle the lessee to a price reduction or compensation. (5) The lessee is responsible and liable for pollution of water, forest, and the environment. Waste and litter must be taken away and properly disposed of. (6) The pool water is handed over to the lessee in impeccable condition. The lessee is responsible for the water quality during the journey. Water quality can be affected, especially by bathing in the Spree or by drinks falling into the pool water. The lessor assumes no liability for infections or skin reactions resulting from contaminated water caused by the lessee or third parties. (7) The lessee is required to arrive at the rental station 30 minutes before the booking time and participate in a brief safety briefing. (8) The lessee agrees that recordings (short videos and photos during departure on the bathing steamer) made by employees of Badedampfer BL GmbH may be used for promotional purposes.

 

2. BOOKING/RESERVATION/CANCELLATION/CHANGE

(1) The bathing steamer can be reserved in advance or booked spontaneously on-site, depending on availability. Reservations are made through our website, www.badedampfer.de. (2) The lessee can cancel their reservation free of charge up to 14 days before the reservation date. If the lessee cancels between the 14th and 7th day before the reservation date, they are liable for damages amounting to 50% of the agreed rental price. In case of cancellation within 7 days, the full rental price + any catering and skipper or all booked additional options must be paid. (3) Generally, an existing booking can be changed until 14 days before the reservation date. A change between the 14th and 7th day before the reservation date incurs a processing fee of €25. Changes between the 7th day and 3rd day before the reservation date are possible with a processing fee of €50. Changes less than 72 hours before are not possible. The full rental price + any catering and skipper, i.e., all booked additional options, must be paid. (4) The lessor is obligated to provide the reserved boats for the duration of the booking. If the lessor is forced to cancel the contract due to special circumstances (see 3. Unavailability), the lessee will receive all payments made up to that point in full. (5) Reserved boats must be picked up by the agreed time on the reservation day, unless otherwise agreed. If not picked up by then, the lessor is entitled to rent the boats to others. Refund of a made deposit is only possible if the re-rental covers the loss of rent.

 

3. UNAVAILABILITY

If the lessor is unable to provide the boat due to unforeseen events, the lessee will receive all payments already made in full. The lessor is not responsible for water closures, navigation restrictions, or other interruptions beyond their control, as well as in cases of high water, low water, strikes, or similar events.

4. TAKEOVER; USE AND RETURN OF THE BOATS

(1) Takeover and return take place at the agreed times. The lessee receives a fully equipped and cleaned boat. The lessee receives instructions on the boat and its use during the handover. (2) The lessee and lessor jointly inspect the boat and its equipment for damage before starting the journey and document it. The lessee is obligated to draw the lessor's attention to any damages overlooked by them. If something is damaged on board during the journey, the lessee is obliged to inform the lessor immediately about the damages incurred. Upon return, the lessor rechecks the boat and is entitled to charge for any damages not previously documented, as described in "5. Liability." If the lessee conceals damages upon return, they can still be held liable even if the lessor did not immediately notice the damage during the return. (3) The boat is handed over in good condition and must be returned in good condition. The lessor performs the final cleaning. In case of severe contamination, such as mud on the boat/deck or anchor, or dirty ropes left behind, the lessor reserves the right to charge the lessee a final cleaning fee of €20.00.

 

5.DEPOSIT / INSURANCE

Boats are not legally insured like cars. For a fee of €10.00 per trip, the lessee can insure the boat with comprehensive and liability insurance. The deductible is then only €250.00 per damage. Excluded from this comprehensive insurance are intentionally caused damages, grossly negligent damages, as well as damages resulting from use other than the agreed rental purpose (e.g., commercial use, participation in demonstrations, motorsport events).

Prices in case of damage without booked insurance:

Flag off/flag gone €50

Broken lamp BD 1 €80 BD 2 -> if pole is off €500

if only top light is off €100 Leaning chimney €1,000

Rain cap on the chimney leaning €100

Cigarette burn on deck €100

6. LIABILITY

The lessee agrees to use the boat with the utmost care. They are liable to the lessor for damages to the boat and its accessories, as well as for their loss. The lessor can claim consequential damages (loss of rental income) resulting from severe damage or loss of the boat from the lessee. If the lessee and boat operator are not the same person, both are jointly and severally liable. Any defects in the boat must be reported to the lessor immediately. The lessee is not authorized to carry out or have repairs carried out independently. The occurrence of defects cannot be ruled out even with the best care and maintenance and, unless there is a significant impairment in the overall use of the boat, does not entitle to a claim for damages against the lessor, nor a reduction in the rental price or a withdrawal from the contract. The loss of enjoyment due to a breakdown or accident that occurs during the rental period cannot be the basis for a full or partial refund, regardless of the cause. In case of an accident, the lessor must be informed immediately. The lessee is not allowed to acknowledge the claims of the other party. If a technical problem occurs during the journey, please inform the lessor immediately. The lessor will then attempt to solve the problem. In case of self-inflicted problems, the costs will be charged to the lessee. The lessee and their companions use the boat and its accessories at their own risk. Any claims against the lessor for damages arising from the use of the boat, parts of the boat, or its accessories by the lessee or their companions are excluded. Furthermore, any liability for the loss or damage to the lessee's or their companions' personal belongings is excluded, except in cases of gross negligence on the part of the lessor. The lessor assumes no responsibility for the accuracy of any provided map material and the display accuracy/function of any installed instruments.

7. REQUIREMENTS FOR THE BOAT OPERATOR

The boat operator must be physically and mentally capable of operating a sports boat. The boat operator is subject to an absolute prohibition of alcohol and drugs. They are obligated to inform themselves about navigation regulations and other relevant rules and comply with them. If none of the persons on board meet all requirements, booking is only possible in conjunction with a skipper from the lessor.

 

8. JURISDICTION AND VALIDITY

Place of performance and jurisdiction is Berlin. Only German law applies. Side agreements require written form. If parts of the contract are restricted or invalidated by German legal regulations, the remaining parts of the terms and conditions remain valid.

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