– FOR THE RENTAL OF HOUSEBOATS BY THE WELL HAUSBOOTE OHG –
GENERAL TERMS AND CONDITIONS
1. Scope, provider
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) contain the between the renter (hereinafter referred to as “Renter” or “you”) and the Well houseboats OHG, Leerkenweg 130, 21698 Harsefeld (hereinafter referred to as “landlord” or “we” or “us”) applicable to the rental of houseboats, as well as all deliveries and services rendered by the Lessor in connection therewith.
(2) Differing and / or beyond these terms and conditions of the customer’s terms and conditions are not part of the contract.
2. Distinction between entrepreneurs and consumers
(1) Some provisions of these terms and conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specially marked at the relevant point of these Terms and Conditions.
(2) “Consumer” in the sense of these Terms and Conditions is according to the legal definition in § 13 of the Civil Code any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.
(3) “Entrepreneurs” within the meaning of these GTC are, in accordance with the statutory definition in Section 14 of the Civil Code, natural and legal persons or legal partnerships who enter into business relations with us in the course of their commercial or independent professional activity.
3. Conclusion of contract
The contract with us can be concluded by way of individual communication (e-mail, fax, telephone, in personal presence, etc.) or via our website or. In the case of the conclusion of the contract via the website:
(1) With orders on our website the contract comes off as follows: Only the order of the service by you is a binding offer for the conclusion of a corresponding contract. To place the order, you go through the ordering process on the website and fill in the information requested there. Before sending the order, you have the opportunity to check all order data again and correct if necessary. Only with the dispatch of the order you give us a binding offer to conclude a contract.
We can submit your offer within five days
Sending an order confirmation by post, fax or e-mail,
or request for payment
accept; The time of receipt of our order confirmation or request for payment from you is decisive for compliance with the period.
(2) Contract language is German.
4. Storage of contract terms
When placing orders on our website, we save the contract terms, ie the order data and the present terms and conditions. You can print out or save the contract terms on your part by using the usual functionality of your browser (usually “Print” or “File”> “Save As”). The order data is contained in the order summary, which is displayed in the last step of the order. The terms of the contract, including the terms and conditions, are also included in the order confirmation e-mail that we will send you in case of acceptance of your order.
Our services are regulated in the offer documents and / or in the service description on the website.
6. Maximum occupancy
The number of people specified for our houseboats must not be exceeded without our prior consent.
7. Special obligations of the renter
(1) The houseboats have their fixed berth in the respective port, as they are connected by fixed supply and sewer pipes to the dock. It must be solved no Vertauung. The tightening of the ropes is reserved for the harbor master and our employees.
(2) The bringing of pets is only allowed in the case of our separate consent.
(3) Smoking is not allowed in the rooms.
8. Prices and terms of payment
(1) The lessee is obliged to pay the agreed prices for the houseboat hiring and the services used by him.
(2) The prices include the applicable value added tax. Price changes are permissible if the tenant is an entrepreneur and between contract conclusion and fulfillment of the contract is more than four months and the price generally charged by us for such services increases. The renter is only entitled to withdraw if the price increase exceeds 5%.
(3) We are entitled to demand an adequate safety performance upon conclusion of the contract or thereafter.
9. Arrival and departure
(1) The booked houseboat is available to the tenant from 15 o’clock of the agreed arrival day. A claim for earlier provision does not exist.
(2) On the agreed departure day, the houseboat must be vacated by the landlord no later than 11.00 am. Thereafter, the landlord may charge for the additional use of the houseboat until 18.00 o’clock the daily rental price beyond the damage resulting from it, from 18 o’clock 90% of the full valid lodging price. The tenant is free to prove to the landlord that this has incurred no or a much lower damage.
10. Sub and sublease
The subletting and re-letting of the booked houseboat to third parties requires our consent. Only in the case of subletting (but not in the event of subletting): If we refuse the permit, you may terminate the contract extraordinarily with the statutory period, unless in the person of the third party to whom you want to leave the houseboat there is an important reason.
11. Resignation of the renter / cancellation, non-appearance
(1) The renter can withdraw from the contract at any time.
(2) If the renter does not use the booked houseboat or booked services due to his resignation or for other reasons, we are entitled to reasonable compensation. This amounts to 90% of the contractually agreed price. The tenant is free to prove that we have incurred no damage or a lower damage.
12. No right of withdrawal
According to § 312g (2) no. 9 BGB, a right of revocation does not exist among other things in contracts for the provision of services in the areas of accommodation for purposes other than habitation, transport of goods, car rental, supply of food and beverages as well as for the provision of further services in connection with leisure activities if the contract provides for a specific date or period. Since we allow bookings of our houseboats only on a fixed term, there is accordingly no right of withdrawal.
13. Resignation by the landlord
(1) If the renter has been granted a free right of withdrawal in accordance with Section 9 (5), the lessor is also entitled to withdraw from the contract within the agreed period, if inquiries from other interested parties after the booked houseboat and the tenant on request of the landlord on free right of withdrawal according to Section 9 (5) not waived.
(2) We are entitled to withdraw from the contract for good cause. An important reason lies, without prejudice to other reasons, especially if
force majeure or other circumstances for which the landlord is not responsible make it impossible to fulfill the contract,
the houseboat was booked under false or erroneous personal or booking information,
reasonable cause for assumption arises or it becomes known that the implementation of the contract may jeopardize the security or reputation of the landlord in public, without this being attributable to the landlord’s or organization’s area of the landlord,
we learn of circumstances that suggest a deterioration of the lessee’s financial circumstances, in particular if the lessee does not settle our due claims,
the lessee filed a petition for bankruptcy over his assets or provided asset information pursuant to § 802c ZPO or 807 ZPO or opened insolvency proceedings over his assets or the opening was rejected due to lack of assets.
In the aforementioned cases, the tenant has no claims for damages
(1) We are only liable for defects which already existed when the houseboat was handed over to the lessee if we are responsible for these defects. This does not apply to injury to life, body or health.
(2) Our liability for damages, for whatever legal reason, is limited to intent and gross negligence. This does not apply to injury to life, limb and health, insofar liability extends to damage caused by negligence. In the event of negligence caused property and pecuniary loss, we are liable only in the event of a breach of a material contractual obligation, but limited in amount to the foreseeable at the time of conclusion of contract and typical damages; Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance of which the contractual partner may regularly rely. The above disclaimers and limitations apply mutatis mutandis in favor of our vicarious agents. Liability for the assumption of a guarantee or under the Product Liability Act remains unaffected by the above exclusions and limitations of liability. 1
15. Form of explanations
Legally relevant declarations and advertisements that the renter has to make to us or third parties must at least be written.
16. Choice of law, jurisdiction
(1) German law applies exclusively. This choice of law applies to a consumer only to the extent that it does not restrict any mandatory statutory provisions of the state in which he has his domicile or habitual residence.
(2) Jurisdiction in dealing with merchants, legal entities of public law or public special funds is the seat of our company. However, we are entitled, at our discretion, to sue at the customer’s location.