General Terms and Conditions (GTC) of Delware UG (limited liability), represented by Jens Bammann, Meyerstr. 6, 28844 Weyhe, Germany
Status April 2021
§ 1 General and scope of application
These terms and conditions apply to all present and future business relations.
Delware UG is a company based in Germany that provides transportation services in the form of boat day trips around sightseeing, island tours, nature and fish observation) under 24 hours
The excursions are carried out under the direction of a licensed boat guide (the "Captain").
The "Customer" is the person who enters into the contract of carriage with the Provider, for example, either by online e-commerce booking, analog booking or by purchasing tickets on the spot. The "Passenger" is a natural person who participates in a boat transportation trip by the Provider. The customer can be a passenger at the same time.
These T&C apply to all analog and online e-commerce orders by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.
Upon conclusion of the contract of carriage, the customer/passenger acquires the right to the booked carriage. The purpose of the transportation is not to reach a specific destination, but the pleasure of the boat trip itself.
The right to transportation exists only upon presentation of a corresponding valid booking voucher/ticket. All bookings are confirmed electronically only. Tickets purchased on site / on the boat / at a local sales station will be handed over directly.
Each booked boat tour and its execution is subject to suitable weather conditions. The customer is informed that an initially agreed date can also be postponed by the provider for safety reasons.
In case of bad weather conditions, the waiting time may well be several days. Weather-related cancellations fall under "Force Majeur / Act of God". The Provider shall not be liable for events of force majeure that significantly impede the Provider's contractual performance or temporarily hinder or render impossible the proper execution of the contract. Force majeure means all circumstances independent of the will and influence of the contracting parties, such as natural disasters, government measures, decisions by authorities, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts and other labor unrest, confiscation, embargo or other circumstances that are unforeseeable, severe and not caused by the contracting parties and occur after the conclusion of this contract. Insofar as one of the Contracting Parties is prevented from fulfilling its contractual obligations due to force majeure, this shall not be considered a breach of contract, and the deadlines set in or due to the Contract shall be reasonably extended in accordance with the duration of the impediment. The same shall apply insofar as the Provider is dependent on the advance performance of third parties and such performance is delayed. Each contracting party shall do everything in its power that is necessary and reasonable to mitigate the extent of the consequences caused by the force majeure. The contracting party affected by the force majeure will immediately notify the other contracting party in writing of the beginning and the end of the obstacle. As soon as it is established that the force majeure will last longer than 1 week, each contracting party is entitled to terminate and reverse the contract by notification by email or in writing.
§ 2 Conclusion of the contract
With the booking, the customer bindingly declares to want to book a selected boat tour and transportation with the provider. An acceptance is made in writing or by issuing an invoice. The fare is due after acceptance by the provider. The stated fare includes the statutory sales tax. The provider can refuse to carry out the transportation until the full fare has been paid.
By placing the products in an online store, the provider makes a binding offer to conclude a contract for these items. The customer can initially place the transportation products in the shopping cart without obligation and correct them at any time before sending the then binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when the customer accepts the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, the customer receives another declaratory confirmation by e-mail.
A binding contract can also be concluded if the customer chooses the EC / credit card / PayPal payment method. In this respect, the contract is concluded at the time the payment instruction is confirmed.
The language available for the conclusion of the contract is German and English.
The provider saves the text of the contract and sends the customer the order data and these GTC again by e-mail. These GTC can also be viewed online at any time via our website. Earlier orders of the customer are no longer accessible via the Internet for security reasons.
Bookings and tickets are transferable after notification in writing. The validity is limited to 12 months from the date of issue.
A voucher has a basic validity of 12 months from the date of issue.
If a customer/passenger does not appear or appears late when the boat has already departed, the right to perform the transport expires.
§ 3 Right of withdrawal (withdrawal of the customer)
Only the consumer has a right of withdrawal and return.
He can cancel the contract declaration within two weeks without giving reasons in writing (eg by letter, fax or e-mail) or by returning the ticket free of charge. A revocation can only be made by the customer himself. Even in the event of cancellation, the consumer is obliged to return the ticket.
The right of return and cancellation expires if the provider has started the execution of the service with the express consent of the consumer before the end of the cancellation period.
Postponements on the part of the passenger are accepted up to 48 hours before the scheduled departure. In case of cancellation or withdrawal 48 hours to 12 hours, 50% of the invoice amount must be paid, unless the customer proves that damage was not incurred at all or was significantly lower than the invoice amount. In case of postponement or withdrawal 12 hours or less, the total price is due. The passenger can name a substitute person for the agreed date of travel. Cancellation must be made in writing or by mail in all cases. In case of cancellations outside the times stated above, 30% of the invoice amount is generally due, unless it is a legal cancellation.
§ 4 Data protection
The personal data specified in the contract, especially name, address, telephone number, bank data, which are necessary and required solely for the purpose of the implementation of the resulting contractual relationship, are collected on the basis of legal authorization. For any use of the personal data beyond this and the collection of additional information, the consent of the person concerned is regularly required. Such consent can be given voluntarily in the following section.
The data subject is entitled at any time to request the provider to provide comprehensive information about the data stored about you.
§ 5 General Conditions of Carriage
The customer/guest/passenger must follow the instructions of the captain to maintain safety and order. He decides on the exact route depending on the conditions.
The passenger has to wear appropriate boat clothing.
Smoking on board the boat is not allowed.
The provider has the right to exclude certain passengers from the trip for important reasons. The fare will not be refunded in such cases. The right of exclusion applies in particular to persons under the influence of alcohol or drugs, or persons carrying weapons or not following the safety instructions of the captain.
Also excluded from the transport are people who are not fit to drive for health reasons or who are pregnant. The passenger is obliged to notify the provider of such a restriction immediately.
Children under 15 years of age and under a minimum height of 1.30m can only be transported if accompanied by an adult.
Animals are transported only upon agreement and confirmation in text form.
§ 6 Liability
1. the passenger
is liable for damages he culpably causes to the boat.
Passengers who deliberately or negligently cause soiling of the boat have to pay a cleaning fee of at least EUR 100, whereby the passenger is allowed to prove that no damage occurred at all or is significantly lower than the stated flat rate.
The provider - represented by the captain on board the boat - can terminate the contract of carriage without notice if the passenger behaves in such a disruptive manner despite a (verbal) warning that the carrier and / or the other passengers can no longer reasonably be expected to continue the journey. This also applies if the passenger does not adhere to factually justified instructions (e.g. safety instructions). In this case, the carrier is still entitled to the fare.
Every passenger is obliged, within the framework of the statutory provisions, to use the safety equipment on board the boat and to take part in the instruction given by the captain.
2. the liability of the provider
shall be governed - unless otherwise stipulated herein - by the statutory provisions.
In the case of slight negligence - except in the case of injury to life, limb or health - liability shall only apply if essential contractual obligations are violated. Liability for intent and gross negligence shall be unlimited.
Liability for simple negligence is excluded. This does not apply in the case of intentional or negligent injury to body, life and health.
The amount of compensation for death or bodily injury is limited to the provider's sum insured per passenger.
Liability and the amount of compensation for damage to luggage is limited or excluded as follows: For damage to luggage related to an accident resulting from the use of the boat, or loss of luggage related to an accident resulting from the use of the boat, the amount of compensation per claim per passenger and per piece of luggage is limited to 1,200 EUR. For loss of luggage, which is not in connection with an accident resulting from the use of the boat, as well as for exchange or theft of the luggage, the liability is excluded, except for intent and gross negligence. For damage or extension of damage caused by improper packing of the luggage for which the passenger is responsible, liability is excluded, except in case of intent and gross negligence. The amount of compensation for all other damage to property, which is not accidental damage to luggage, is limited to 1,000 EUR in accordance with § 23 of the Passenger Transportation Act, unless the damage to property is due to intent or gross negligence. The aforementioned limitations and exclusions of liability do not apply in the case of mandatory strict liability prescribed by law or if a strict guarantee has been assumed in an individual case.
The provider is with a combined sum insured in the amount of… .Mio. € insured for personal injury and property damage per damaging event. In addition, there is the legally required accident insurance. Damage or claims for compensation must be reported to the provider immediately, but no later than after 2 days, and asserted. If the injured party was at fault in the occurrence of the damage, Section 254 of the German Civil Code (BGB) applies.
§ 7 Final Provisions
The law of the Federal Republic of Germany shall apply.
If the customer is an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, if applicable at all.
If the Customer is a merchant, a legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider's place of business.
The same applies if the customer has no general jurisdiction in Germany or residence or habitual residence at the time the action is not known. In the case of actions arising from the contract of carriage, the law may regulate the determination of the place of jurisdiction. Otherwise, the registered office of the company is decisive.
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
Deviating, conflicting or supplementary general terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.
Copyright CPS Schließmann, Frankfurt/Main