Preliminary note
The following conditions are constituents of the contract closed between the client and Havel Ferien GmbH, hereafter referred to as the lessor
.
This contract is closed when the client makes a booking in written form (including fax, internet, and email) or by telephone, which is then confirmed by the lessor. By booking, the client accepts the following conditions for himself or herself and for any additional passengers:
In the following, the raft is referred to as the rental item
.
Offers and contract closing
Offers made by the lessor are non-binding. Declarations of acceptance and any related descriptions of the scope of services require written (including electronic) confirmation by the lessor to become legally effective. The same is true for supplements, changes, and additional agreements.
The employees of the lessor are not permitted to make oral agreements with the client outside the scope of the written contract.
Reservations
The contract between the client and the lessor becomes legally effective when the booking confirmation has been sent and payment has been made on schedule. Changes may be made by cancellation of the booking or by mutual consent of both parties and must be made in written form.
Prices and payment
The following holds for the low and non-refundable rental prices:
A payment of 100 % of the booking sum must be made on the day of the booking. This payment must be made to the account given below. In case of cancellation, changes, or absence, the client has no claim on a refund, and the full booking sum is charged.
For other rental prices, the following holds:
A deposit of 50 % of the booking sum is due 10 days after booking or closing of the contract. The remaining fraction of the deposit must be paid within 14 days prior to arrival.
All payments must be made to the following account:
- Havel-Ferien GmbH
- IBAN: DE98 1606 2073 0205 9224 45
- BIC: GENODEF1BRB
If the client does not pay on schedule or in full, the lessor may refuse services as detailed in the contract. All prices are given in Euros per boat (up to five people) and night and include 19 % VAT.
Cancellation
The client has the right to resign from the contract before the start of the rental without specifying reasons. The contract cancellation must be made in written form, and the lessor reserves the right to keep the following cancellation costs:
- 100 % of the rental sum if the letter of cancellation is received within four weeks before intended rental
If the rental item is instead rented by a different client after the cancellation, a handling fee of € 50 is charged. The client can be represented by a third party until the period of rental itself. However, the lessor reserves the right to refuse this exchange if he does not deem the third party as fit or if any regulations forbid this.
Boatsman
The boatsman must be of legal age and carries the full responsibility of the crew and the rental item.
The lessor reserves the right to refuse the transfer of the rental object to the client if he deems the client unfit to carry the responsibility for the rental item. In this case, the full rental sum is returned to the client. The client has no rights to further claims.
Transfer, use, and return of the rental item
The transfer of the rental item to the client takes place after 14:00, and the return of said item takes place on the return day before 11:00. Before the transfer, all necessary formalities are to be completed and the inventory list checked. The rental item is given back to the client in a clean state at the agreed time and place.
The client is instructed in the proper use of the rental item.
Non-smoking house boats
Smoking is prohibited inside the cabin as the majority of our clients are non-smokers.
Deposit
The client pays a deposit of € 250 at the transfer to cover costs incurred by damages to the boat or third parties caused by the client. Furthermore, the lessor is entitled to compensation from the client for damages causing greater costs than the deposit if the damages were done on purpose or by gross negligence of the client.
Respect of waterway navigation regulations
The client must abide to the relevant waterway navigation regulations. Furthermore, he or she must inform themselves about local regulations (e.g. speed limits, shipping blockades, and wildlife preservation areas)
Mobility constraints
Floods, construction, lock maintenance, etc. may constrain waterway mobility. Such constraints do not justify contract cancellation by the client. If the lessor cannot provide the client with the rental item due to unforeseen circumstances or force majeure, he will do his best to provide the client with a different rental item with similar properties. If this is not possible, the client has a right to cancel the contract and provide a full refund of all sums paid. The client has no rights to further claims.
Technical problems and accidents
The rental price includes a liability insurance and comprehensive insurance for the rental item. For damages to the raft, there is a comprehensive insurance with a € 500 excess per case. In the event of damage or accidents on the river, the client must inform the lessor immediately and follow the instructions given by the lessor. For incidents involving damage to people or third-party properties where charges are filed, the client must not assume responsibility for the damage done nor repair the damage or incur other costs of his or her own accord unless instructed to do so by the lessor, except in cases of imminent danger. A technical problem or accident does not entitle the client to cancel the contract unless it occurs as a result of gross negligence or purpose on the behalf of the lessor.
The client uses the rental item at his or her own risk. There is neither an accident insurance nor insurance for damage or loss of the client's belongings or furnishings of the boat.
If the client suffers a technical problem not caused by him or her and is hindered in the continuation of the boat tour for more than 24 hours after informing the lessor, the lessor covers the additional rental costs for the time period over 24 hours. If the continuation of the tour is severely hindered by this problem, the client has the right to resign from the contract. In this case, the client only owes the fraction of the rental costs incurred before the incident.
In the case of a technical problem caused by the client, there is no entitlement to refunds from the lessor.
Use and return of the rental item
The rental item is to be used with great care. The client is responsible for damages on board and for items that go missing. Upon returning the rental item, the client must inform the lessor about anything damaged or stolen. The client is responsible for the costs.
Sub-renting or lending the boat is prohibited.
Miscellaneous
The client receives all required documents for the rental item. The lessor is not responsible for the completeness or correctness of these documents (e.g. waterway maps). Additional safety equipment is not warranted for.
Place of jurisdiction
German law can be applied to this contract. The place of jurisdiction for any conflicts arising from it is Brandenburg an der Havel.
Mandatory information according to Regulation (EU) no. 524/2013 of the European Parliament and Council:
Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/ further information is available if you follow the link. Should you have any initial questions concerning a potential dispute resolution, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it..
