1.1. Conclusion of the rental contract all boat types

With this binding booking, you are concluding a contract in accordance with Section 312g (2) No. 9 BGB. This means that a right of withdrawal according to the regulation for distance contracts does not apply. Rental contracts for boat charters fall into the area of leisure activities and accommodation for purposes other than residential purposes.

The contractual services are based on the landlord’s service description and the special booking documents. Bookings with overnight accommodation must additionally complete a booking registration form and submit it to the landlord.

If you require a company invoice, please ensure that you enter your invoice address and company details correctly and in full when booking online. Subsequent changes to invoices are subject to a charge of €20 and must be paid in advance.

1.2. Special regulations for the conclusion of small boat rental contracts

For the purposes of these conditions, small boats are defined as boats under 8 meters in length.

Small boat hirers must also comply with the regulations listed below:

1. The Hirer may not leave the vehicle to third parties and may not take intoxicated persons or persons who are recognizably impaired as a result of the consumption of intoxicating substances.
2. The number of authorized persons may not be exceeded.
3. The lessor has the right to prohibit boating in the event of unusual or dangerous conditions. This also applies to unfavorable weather conditions and swell. The instructions of the lessor’s staff must be complied with.
4. The hirer must return the boat to the rental station immediately in the event of night, unsafe weather, storms or approaching thunderstorms or, if this is not possible, moor at a sheltered spot on the shore. Express reference is made to the provisions of the General Terms and Conditions of Hire, sections 11 and 12.
5. Children under the age of 8 must wear a life jacket.
6. In the event of a return after 5 p.m., the final invoice and the return of the deposit (subject to Section 4 of the General Terms and Conditions of Hire) will not take place until the following day.

2. additional services

a)
The tenant has the option of booking additional services such as final cleaning, bed occupancy, deposit reduction or similar via the booking registration. These then become part of the rental agreement.

b)
Additional services that are not included in the rental confirmation and become valid on the day of arrival are due for payment on the day of arrival. There is no entitlement to this in this case.

3. payment of the rental price

The term of payment of the rental price is based on the details in the rental confirmation.

4. termination, withdrawal from the contract

a)
If the tenant fails to meet his payment obligations by the agreed payment dates, the landlord may refuse to pay. A reminder is not required. If payment is not received on time, the lessor is entitled to rent the boat to another party without prior notice.

b)
Aggravation, endangerment or impairment of a significant nature due to unforeseeable and extraordinary circumstances entitle both parties to extraordinary termination without notice. Floods, drought or similar reasons do not entitle to termination.

c)
If the Lessee is unable to commence the charter (rental), he must inform the Lessor immediately.

d)
This is a fixed-term tenancy agreement with a term of less than six months. Such contracts cannot be terminated. If the tenant is unable to start the boat trip, the following regulation applies:

Cancellation up to 91 days before the start of the rental period: 30% of the rental price

Cancellation up to 61 days before the start of the rental period: 40% of the rental price

Cancellation up to 46 days before the start of the rental period: 60% of the rental price

Cancellation up to 31 days before the start of the rental period: 90% of the rental price

Cancellation of the contract from 30 days before the start of the rental period: 100% of the rental price

e)
The tenant is at liberty to provide evidence of lower or non-occurring damages. Decisive for the course of the deadlines is the receipt of the declaration of withdrawal by the landlord. The tenant is advised to withdraw in writing.

5. price changes

In the event of calculation errors, the amounts will be corrected in accordance with the valid price list. Printing errors are subject to change. Price corrections may occur if the local taxes and duties included in the prices change. This applies in particular to changes in VAT rates in the country in which the port of departure is located.

6. deposit

The boat deposit must be paid in cash or by credit card (Visa or Mastercard) when the boat is taken over. The deposit, less any fuel consumed or possible additional costs, will be refunded upon timely and proper return of the boat, provided that the rental object and its fittings and equipment are returned clean and undamaged and in the agreed location. For lost or damaged equipment, the replacement costs may be withheld from the boat deposit by the lessor. In the event of damage, the amount of which cannot be determined on the day of return, the entire boat deposit shall be retained until the damage assessment has been completed and it has been established that the Hirer is not liable for compensation. Otherwise, the invoice will be issued and settled after the damage has been repaired.

7. insurance

a)
There is fully comprehensive insurance for the boat. In addition, there is liability insurance for personal injury and/or property damage up to a total loss of EUR 3 million. The renter’s own contribution (excess) for any hull or liability damage per claim is up to the amount of the deposit paid.

b)
The insurers may be exempt from paying benefits if the damage was caused intentionally. In the event of damage caused by gross negligence, the insurer is entitled to reduce its benefits in proportion to the severity of the fault. The insurance policies have a deductible in the amount of the boat deposit paid, which the hirer bears for each individual culpably caused damage event.

c)
The hirer is liable for all damage not covered by the insurance, insofar as it is his own fault or the fault of members of the crew. Liability shall also extend to slight negligence. The insurance company reserves the right of recourse against the Charterer in the event of intentional or grossly negligent causation of the damage.

d)
The personal belongings of the hirer and the crew are not insured. The insurance is not liable for accidents involving persons on board. Claims arising from damage caused to the hirer or the crew during the use of the boat or its accessories or in connection with its use are excluded.

8. sailing area and fairway

The sailing area for the individual sailing areas is precisely defined in the brochure/catalog and on the Internet at www.kuhnle-tours.de/hausboot-regionen.html. The individual sailing areas may only be exceeded or left with the written permission of the lessor, otherwise there is no insurance cover.

Special notices and instructions – in particular driving bans issued due to environmental effects (e.g. storm, thunderstorm or thunderstorm warning) – issued by the Rental Firm’s staff on site must be complied with.

Leaving the fairway is at your own risk. Accidents outside the fairway are not insured. The hirer is liable for any consequential costs incurred (salvage, repairs, possible delays in subsequent charters). The amount of this liability is independent of the deposit paid.

9. qualifications

a)
If the Lessor’s catalog requires certificates of competence for the respective sailing area, the Lessee must present or indicate these to the Lessor. If the lessee or a member of his crew has a valid license for a sailing area that does not primarily require a certificate of competence – in Germany, for example, the “Sportboot Binnen” license – he is required to present or indicate this to the lessor.

b)
Upon request, the hirer is obliged to prove his knowledge during a trial run at the time of handover. If the proof is negative, the lessor may appoint an experienced skipper at the lessee’s expense without the lessee’s consent. The charterer shall be liable for the consequences of incorrect information if he does not have the certificates and nautical experience stated on the booking form. In the event of an accident, this information may be checked by the insurance company.

c)
The Hirer is advised that the employees of the insurance company are authorized to check the above information in the event of a claim. Incorrect information may result in the loss of insurance cover, in which case the renter shall be liable in full, even in excess of the amount of the deposit.

d)
In Germany, selected sailing areas can be navigated without a license with a charter certificate. Participation in the briefing on the charter certificate is mandatory for all hirers who wish to sail in the relevant German sailing areas without a proven certificate of competence (see section 7a)!

e)
The hirer must obtain the necessary knowledge of the area by studying the nautical charts, manuals etc. before starting the trip. He is liable for navigational errors.

f)
The Hirer is advised that, according to the statutory regulations, the commissioning of any radio equipment on board is only permitted if the Hirer or another person on board has the corresponding official radio certificate. The Hirer undertakes to comply with the aforementioned legal requirements by himself and the entire crew and assumes personal liability in the event of violations vis-à-vis the Regulatory Authority for Telecommunications and Posts. The hirer expressly releases the lessor from any liability in this respect. This does not affect the use of the radio system in an emergency at sea.

10. use

a)
After handover by the lessor, the boat can be used in the usual manner and in accordance with good seamanship. All consumables such as diesel, oil and gas shall be charged to the hirer and will be invoiced separately at the end of the voyage. As a rule, invoicing is based on operating hours. The price per operating hour depends on the type of boat and will be sent to you upon conclusion of the contract.

b)
The temperature display and the cooling water outlet of the engine must be continuously monitored during operation. Damage caused by the engine running dry or overheating is not insured and shall be borne by the charterer in the event of culpable causation. The oil level and the cooling water level of the engine must be checked daily.

c)
Special case sailboat: The engine is only used as an auxiliary engine. The sails must be checked on takeover.

d)
A takeover protocol is drawn up.

e)

The tenant undertakes:

– to handle the boat in a responsible manner and to behave in every situation as if the boat were his own;

– the boat must be manned by at least two people. Any exceptions must be confirmed in writing by the lessor.

– only enter and leave ports under engine power;

– With the exception of emergency situations, driving at night is prohibited. The boat may not be driven between sunset and sunrise, otherwise the insurance cover will lapse.

– not to leave/visit the port or only sail in the directions permitted by the lessor’s marina personnel (see Section 6, Restriction of sailing area) if dangerous weather and sea conditions are announced (with a boating license, wind from force 6 Beaufort; without a boating license/with a charter certificate, wind from force 4 Beaufort);

– not to make any changes to the vessel or its equipment;

– not be occupied by more persons than are authorized for the boat;

– to plan the trip in such a way that a timely return is possible even in difficult weather and sea conditions;

– not to pass the boat on to third parties or to rent it out;

– not to carry any undeclared dutiable goods or dangerous goods on board;

– not to take part in races or regattas unless the lessor has given prior written permission;

– to have the boat towed with its own hawser only in an emergency; the use of steel hawsers is strictly prohibited; the lessor must be informed in advance of the use of steel hawsers.

– 24-hour emergency number (see logbook);

– to check in and out with the port captain, to pay the port fees and to observe the legal regulations of host countries;

– in sailing areas where it is necessary to keep a logbook and radio logbook, to keep them properly and to leave them on board;

– to inform the landlord in advance of taking animals on board (information in the booking application);

– not to operate commercial passenger transportation;

– if no final cleaning has been booked as an additional service, to return the boat in a clean condition (inside and outside);

– to contact the rental company via the 24-hour emergency number (see logbook) in the event of technical problems with the boat (see Section 11).

11 Obligations of the tenant in the event of damage

a)
The Hirer is obliged to report any damage to the boat or equipment to the Rental Firm immediately. In the event of accidents or damage, the Lessor’s emergency number (see logbook) must be called immediately and the water police must also be informed.

b)
If damage occurs after the hirer has taken over the vessel during the rental period that is likely to make sailing impossible in whole or in part, the hirer shall have no claims against the lessor if it is a case of force majeure (in particular weather conditions) or the fault of a third party. If, in this case, there is wear and tear damage or other damage to the hull, rigging or engine that was not recognized when the hirer took over the boat, the hirer shall be entitled to a refund of the pro rata rent for the days that the boat cannot be used. Further claims (in particular travel and accommodation costs, compensation for pain and suffering, compensation for lost vacation days, etc.) are excluded. In this case, the lessor is entitled to provide a replacement boat of equal or higher value.

c)
In the event of any other damage, the Hirer must coordinate the measures to be taken with the Rental Firm. This should preferably be done via the Rental Firm’s 24-hour emergency telephone (see logbook). Instructions that the Hirer receives from the Rental Firm must be complied with.

d)
In the event of damage to the vessel or personal injury, the hirer shall draw up a comprehensive record of this damage and provide a written confirmation of the damaging or injured party, the port captain, a doctor, expert or other witness. If possible, the damage report form in the logbook should be used. The damage report must be handed over to the lessor’s employee who takes back the boat on the day of departure. If the water police have been called, the damage report must include the diary number issued.

e)
The lessor must be informed immediately in the event of an accident, foreseeable delay, loss, inability to maneuver, confiscation or obstruction of the boat by authorities or third parties. In the event of theft of the boat or an item of equipment, the hirer must immediately report this to the police.

f)
The Hirer must ensure that messages with repair instructions can reach him. If the hirer fails to immediately report any damage to the boat that must be reported, any claim by the hirer to repayment of the boat deposit paid and reimbursement of any pro rata rent shall lapse.

12. benefits

a)
The contractual services are based on the service description of the landlord (brochure/catalog/internet) as well as the booking documents (especially the booking registration and confirmation).

b)
Additional agreements and special agreements of the tenant should be included in the booking application and confirmation.

13. fulfillment, changes in performance

a)
The boat shall be made available at the agreed location. If this is not possible, the lessor is obliged to notify the hirer and arrange for the boat to be made available at the nearest port. The hirer is obliged to take over the boat at this location if this is reasonable for him. Any additional travel costs shall be reimbursed to the Hirer.

b)
However, in the case of boat charters, the lessor reserves the right to change the port of departure and destination, to reverse the direction of one-way trips, to change a one-way trip to a return trip or vice versa. Under no circumstances can these changes be the reason for cancellation by the hirer. However, the Rental Firm shall reimburse the additional amount paid for a one-way trip that has been changed to a return trip, as well as any additional travel costs in the event of last-minute changes (24 hours before departure). Any further claims are excluded.

c)
If the boat is not made available on time by the lessor, this shall only entitle the lessee to withdraw from the contract if the lessor is unable to provide an equivalent or better replacement vessel that is reasonable for the lessee within 48 hours of the start of the charter period.

d)
During this period, the lessor shall bear the reasonable costs of accommodation for the lessee and the crew at his discretion. This does not apply to the cost of meals or other expenses. If the Lessor succeeds in providing a replacement vessel, the accommodation costs paid by the Lessor shall be offset against the charter hire to be reimbursed until the replacement vessel is provided.

e)
If a replacement vessel cannot be provided, all payments made under this contract shall be refunded to the hirer, with the exception of an amount equivalent to the accommodation costs paid by the lessor, which shall then be borne by the hirer and which the lessor may offset against the charter hire. Further claims for compensation, such as the reimbursement of travel and accommodation costs and travel insurance premiums, are excluded.

14. takeover of the boat

The boat will be handed over to the hirer with a full tank of gas and one or two gas cylinders. The proper condition of the boat, complete equipment and inventory are checked by the hirer on the basis of the checklist or an inventory list and confirmed by his signature. The confirmation of the proper condition of the vessel includes all visible damage to the vessel, its accessories and equipment. If there is any damage to these parts, this must be recorded in writing by the hirer on the checklist/inventory list upon takeover and countersigned by the lessor. If a written and countersigned damage list is not available or is not drawn up, the hirer shall bear the burden of proof that the damage did not occur during the charter period.

The lessor accepts no liability for the accuracy and completeness of the nautical charts provided, the accuracy and function of the instruments and the performance of the refrigerator, echo sounder and bow thruster. Damage to the boat and equipment that does not impair the seaworthiness of the boat and allows the boat to be used does not entitle the customer to reduce the price or withdraw from the contract.

The lessor is entitled to a period of two hours for the handover, check-in and check-out of the boat and the inspection of the equipment, calculated from the start of the charter period. This period does not include the three-hour training course for the charter certificate in Germany (license-free boats with more than 15 HP/11.03 KW). This takes place partly in parallel and partly at different times and must be taken into account by the hirers who take part in it.

If required, the original boat license or any other required authorization certificate must be presented when taking over the boat, otherwise the lessor may refuse to take over the boat. In this case, the hirer has no claim for reimbursement.

15. return

a)
At the end of the rental period, the Hirer must return the boat to the Rental Firm in a clean condition (inside and outside). If the boat is not or only insufficiently cleaned when it is returned, the lessor may charge the costs of cleaning. The hirer can book a final cleaning in advance. The washing up of dishes, pots and pans, the stripping of bed linen and the disposal of garbage are not included in the final cleaning. An extension of the agreed rental period is not possible without the consent of the landlord. The application of § 545 BGB is excluded. If the tenant continues to use the property after the end of the charter, he must pay the agreed daily rent until the property is returned. The assertion of further claims by the lessor remains unaffected by this.

b)
Lost, damaged or no longer functional items must be reported to the lessor immediately upon return. In particular, any grounding must be reported. If damage to the boat, its accessories and equipment is not reported immediately upon return and is only discovered later by the Rental Firm, the Hirer shall bear the burden of proof that the damage did not occur during the rental period.

c)
If the boat is culpably returned after the end of the rental period, the hirer shall be liable for any damage incurred by the lessor. Meteorological events must be taken into account through flexible trip planning. The hirer shall be liable for any damage or costs incurred by the lessor or third parties, e.g. subsequent crews, due to non-compliance with the contract. The lessor is entitled to assert these third-party claims against the hirer in his own name. If the hirer leaves the boat at a location other than that agreed, he will be charged for the costs of returning the boat by water or land, unless these costs are covered by the insurance as part of an insured event.

d)
The boat is only deemed to have been returned when it has arrived back at the agreed port.

e)
Only applies if the additional service “Final cleaning” is not booked at the start of the trip: If the boat is not handed over by the hirer in a clean condition, a cleaning fee of twice the amount of the additional service “Final cleaning” that can be booked before the start of the trip will be charged.

f)
The hirer will be charged for toilet blockages. The current prices can be found in the logbook.

g)
The tenant is permitted to prove that the aforementioned costs were not incurred at all or not in the amount stated.

h)
The hirer shall indemnify the lessor for actions and omissions on the part of the hirer for which the lessor is held liable by third parties. If the boat cannot be handed over to the next hirer on time due to a condition culpably caused by the hirer or his crew, the hirer shall be liable as if the boat had been returned late.

16 Liability of the landlord

a)
The liability of the landlord in the event of force majeure is excluded.

b)
The Lessor shall have limited liability for damage caused by slight negligence. The Lessor shall only be liable in the event of a breach of material contractual obligations, such as those which the rental or charter agreement is intended to impose on the Lessor according to its content and purpose or the fulfillment of which is essential for the proper execution of the rental or charter agreement or other contract and on the observance of which the Lessee regularly relies and may rely. In the event of slightly negligent breaches of duty, the Lessor’s liability shall be limited to the foreseeable, direct average damage typical of the contract. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the lessor. The same applies to damage caused by a defect in the chartered boat.

c)
The limitations and exclusions of liability do not apply to claims arising from a guarantee assumed by the landlord or a defect fraudulently concealed by the landlord. Furthermore, they do not apply to claims based on an intentional or grossly negligent breach of duty by the landlord, a legal representative or a vicarious agent, or to damages resulting from injury to life, limb or health based on an intentional or negligent breach of duty by the landlord, a legal representative or a vicarious agent.

d)
Insofar as the liability of the lessor is excluded or limited, this also applies to the personal liability of the lessor’s representatives, employees, workers and vicarious agents.

17. exclusion of claims and statute of limitations

a)
Claims due to defective services, subsequent impossibility and the breach of secondary obligations must be asserted by the hirer against the lessor within one month after the contractually agreed end of the boat charter or after the contractually agreed departure date. After the expiry of this period, claims can only be asserted if the hirer was unable to meet the aforementioned deadline through no fault of his own.

b)
Claims of the tenant due to defective services, subsequent impossibility and the breach of secondary obligations expire six months after the contractually stipulated end of the rental period.

c)
If the tenant asserts claims within one month of the contractually stipulated end of the rental period, the limitation period shall be suspended until the landlord rejects the claims in writing.

18. passport, visa, customs, foreign exchange and health regulations

The Hirer is fundamentally responsible for ensuring that he/she meets the requirements necessary for the trip to take place and, in particular, that statutory provisions are observed. The lessor is not liable for any omitted or incorrect information. The lessor must inform the lessee if he is aware of relevant regulations or could have been aware of them within a reasonable time after they came into force or were published.

In this context, please note in particular that citizens from many non-EU countries are required to have a passport or visa to enter the EU.

19 Jurisdiction

a)

The place of jurisdiction for legal action by the tenant against the landlord is Waren (Müritz).

b)
The place of residence of the tenant is decisive for legal action by the landlord against the tenant, unless the action is directed against registered traders or persons who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is brought. In the latter special cases, the registered office of the lessor shall be decisive.

20. contract partner

KUHNLE-TOURS GmbH, Hafendorf Müritz, 17248 Rechlin is the lessor for small boats (shorter than 8 meters) and all houseboats and yachts, regardless of destination.

21. other

Verbal agreements are only legally effective if they are confirmed in writing by the landlord.

The place of performance is the lessor’s place of business or the agreed place of delivery of the boat.

The invalidity of individual provisions shall not invalidate the remainder of the contract.

German law shall apply.

These terms and conditions do not apply to the brokerage of charter services, in which case the charter/rental conditions of the respective charter company/rental company apply, which will be handed over to the hirer before the contract is concluded.

22. notice according to § 36 Consumer Dispute Settlement Act (VSBG)

The landlord will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.