Hafen und Hof Service UG (limited liability)
Zur Alten Flussbadeanstalt 5, 10317 Berlin
Registered at the HRA Local Court Berlin-Charlottenburg under 132228 B
Tax ID Nr: 37/326/30317.

I. Duties of the lessor

1. Suitability of the boat
The lessee is provided with a safe and technically faultless boat by the lessor including the prescribed accessories for use.

2. Maintenance, breakdown, cleaning
The boats provided by the lessor are serviced regularly. In the event of a boat breakdown, the lessor is not liable for any damage suffered by the lessee as a result. The boats are provided in a cleaned condition. The boats are also to be returned at the end of the rental period in the same condition. A € 30 minimum cleaning fee is payable by the lessee should the boat be returned in an excessively soiled condition at the end of the rental period. The € 30,- is to be paid in cash as a deposit before the handover of the boat.

II. Duties of the lessee

1. Rental price
The rental price is set out in the lessor’s price list attached to this contract in its current version. The rental price is paid in advance when starting the trip.

2. Driver
The boat is to be driven only by the lessee or under the lessee’s supervision. The lessee is responsible for the actions of the respective driver as if they are the lessee’s own actions. The provisions of this contract favouring the lessee also apply in favour of the respective authorised driver.

3. Duty of care
Lessees are to treat the boat with care and to observe all relevant and technical rules for the use of the boat as well as to secure the boat properly. Adherence to a route through water depths exceeding one metre is to be observed. The lessee is also obliged to check the completeness of the prescribed equipment of the respective boat before departure. The lessee is solely liable for the absence of prescribed equipment on board after departure.

4. Restriction of use
The lessee is prohibited from using the boat for motor sporting events, demonstrations, for testing purposes, for the commercial transport of persons and goods and for any other unlawful purpose, even if only under the law of where the incident occurred.

5. Evaluation of the route
In the event of damage to the boat, the rental company reserves the right to retrace the tenant’s route by reading out the recorded GPS data. This serves to determine whether the boat was operated properly or in unsafe or prohibited shipping areas.

6. Duty of disclosure
In the event of accidents, the lessee is to immediately notify the lessor of the details in writing, submitting a sketch, at the latest when the boat is returned. The accident report is to contain, in particular, the names and addresses of the persons involved and any witnesses, as well as the official registration numbers of the boats involved. After the accident, the lessee is to notify the police should the facts required for clarification of the accident not be reliably established by other means, e.g. with the help of witnesses. Counterclaims may not be recognised. Fire or theft damage are to be reported by the lessee to the lessor as well as to the responsible police authority without delay.

7. Return of the boat
The lessee is obliged to return the boat to the lessor at the agreed location at the end of the rental period. Returns are only accepted during business hours. If the time of return is exceeded, the lessee is obliged, without prejudice to further liability, to pay compensation for the period exceeding the time limit in the amount of the rental price of each additional driving hour started or completed as well as a € 15 handling fee.

III Liability of the lessor

The lessor (i.e. the lessor and its employees) is solely liable for gross negligence (i.e. intent and gross negligence) aside from the breach of essential contractual obligations.

IV. Liability of the lessee

The lessee is liable under the general liability rules should the lessee damage the boat or commits any other breach of contract. In particular, the lessee is required to return the vessel in the same condition as when it was taken over. The liability of the lessee also extends to the ancillary costs of damage, such as costs of the material damage assessment, towing costs, reduction in value, loss of rental income and deductible. Should the boat be damaged by fire, explosion or theft, the lessee’s liability with regard to the boat is limited to the deductible of the partial comprehensive insurance, unless the damage was caused by gross negligence or the lessee breached the duty to notify in accordance with Nr. II 5 of this condition. The lessee is fully liable for damage to the boat and for the incidental costs of damage should the lessee have caused the damage through gross negligence, committed a hit-and-run offence or when the damage occurred while the lessee was unfit to drive due to the influence of alcohol or drugs. Furthermore, the lessee is fully liable for damages should the lessee have violated the obligations of the authorisation to drive or the duty to notify, or when the violation is based on intent or gross negligence. The same applies to any damage caused by items loaded on board, even in the event of limitation of liability. In the event of loss of rental income, the lessee is liable up to the amount of one day’s rental for each day on which the lessor’s damaged vessel is not available for rental.

V. Deposit / Insurance

An identity card or credit card or the amount of the deposit in cash is required as a deposit. The lessee is liable to a deductible of max. € 2,000 under the comprehensive insurance in the case of a claim for damage unless booked otherwise. Optionally, the lessee can conclude comprehensive boat insurance for the duration of the rental of the boat. In this case, the lessee is only liable for damage to the boat up to a maximum of € 300 per damage. This comprehensive insurance does not cover damage caused intentionally, damage caused by gross negligence or damage caused by use other than for the agreed rental purpose (e.g. commercial use, participation in demonstrations, motor sport events).

VI. Change of booking by the lessee

In principle, a change to an existing booking is not possible. However, in special cases, i.e. at our discretion, with a lead time – up to 7 days before the trip – we offer non-binding change of booking for a €15 handling fee.

Please note that any difference in the tariff rates may result in an increased or reduced price should other prices apply on the alternative date requested.

It is, in any event, not possible to postpone bookings that have already been changed and whose alternative date is not within the same calendar year as the original booking.

This regulation is effective from 17.04.2020.

VII Cancellation by the lessee

When booking, please pay the reservation fee of 25% of the total calculated rental price due. No reimbursement of the reservation fee applies should your booking be cancelled at a later date. Should there be a cancellation at less than 48 hours notice, the full rental price + catering and skipper (if applicable), i.e. all booked additional options, is payable. Booking by telephone or changes in reservations may incur costs.

Cancellation on account of corona regulations
In the event that binding regulations of the Federal Government or the State of Berlin prohibit the rental of pleasure craft on the day of rental, the full rental price is reimbursed by us.

Contact restrictions, where they exist, however, allow for no cancellation free of charge. The lessee is responsible for complying with any contact restrictions.

VIII Final provision

No verbal subsidiary agreements have been concluded. Any changes to the contract are required to be in writing. This may only be agreed upon in writing. Should any provision of this contract be invalid, the validity of the remaining provisions is not affected. It is agreed that the invalid provision is to be replaced by a valid provision which corresponds to that which would have been reasonably agreed in accordance with the meaning and purpose of this contract had the matter been considered at the outset.

We are obliged and willing to participate in dispute resolution proceedings before the General Consumer Arbitration Board of the Zentrum für Schlichtung e. V., Strassburger Str. 8, 77694 Kehl,

Court of jurisdiction is Berlin. German law applies.

Berlin, February 2024