Terms and Conditions - Boat rental

The following General Terms and Conditions are an integral part of the contract between the company Bootsverleih aqua.berlin, hereinafter referred to as the lessor, and the client, hereinafter referred to as the lessee. By signing the hire contract, the hirer accepts these terms and conditions for himself and his companions.

1. general

(1) The rental of the boats is only granted to persons who have reached the age of 18 years and against the provision of personal data (name, address) and the presentation of a valid personal document and the valid sports boat licence, if required.
(2) The use of the boats, including bathing from the boat, is always at your own risk. Children under the age of 8 and non-swimmers are required to wear suitable life-saving equipment (life jackets). Parents/other guardians must comply with the duty of supervision and are responsible for the safety of their child/children to be supervised (wearing life jackets, behaviour in the boat, etc.). By placing an order, the hirer bindingly declares that the boat will not be used in an intoxicated or unroadworthy condition, that he/she will only load the hired boat up to the permitted number of persons and that he/she will not use the boat in darkness, fog, high water, storm or the onset of a thunderstorm. The hirer is obliged to comply with the shipping police regulations and the applicable environmental and nature conservation regulations.
(3) Instructions of the lessor or persons working for him must always be followed, especially for reasons of safety.
(4) The boats must be returned to the agreed place at the latest at the end of the agreed rental period. In the event of late return, a compensation of € 20.00 for small boats and € 60.00 for pontoon boats will be charged for each hour or part thereof that the time is exceeded. In the event of premature return of the rental object, the hirer may not demand reimbursement of the rental price. Neither average nor accident or changes in the weather entitle the hirer to a price reduction or compensation. 
(5) The hirer is responsible and liable for any pollution of water, forest and environment caused by the hirer. Waste and rubbish must be taken away and disposed of.

2. Booking / Reservation / Cancellation

(1) Motor boats, SUP boards, rowing boats, pedal boats and kayaks can be reserved in advance, starting from a rental period of 1 hour. Reservations can be made by telephone, on the aqua.berlin website or directly on site. In accordance with the German Civil Code (BGB), it is binding for both parties in all cases. The contract is concluded by application (offer) and acceptance (reservation, written or verbal). Since the lessor starts work immediately after the conclusion of the contract, the lessee, with his express consent, loses his 14-day right of withdrawal required by law when the contract is concluded. Before the start of the trip, the hirer must pay a deposit in the amount of the rental price, but not more than € 500.00 per boat. This is to be paid in cash. After the end of the tour, the deposit will be refunded to the Hirer, provided that no visible damage has occurred.
(2) The lessor may require a deposit in connection with the reservation. The Hirer may withdraw from his reservation free of charge up to the 10th day before the reservation date. If the tenant withdraws from the reservation after this period, he shall be liable for damages in the amount of the deposit paid. If no down payment has been made, the lessor may charge damages amounting to 50% of the agreed rental price. 
(3) The lessor is obliged to make the reserved boats available for the period of the booking. Should the lessor be forced to withdraw from the contract due to special circumstances (see 3. Unavailability), the hirer will be reimbursed in full for all payments made up to that point.
(4) Unless otherwise agreed, reserved boats are to be collected by the agreed time on the day of reservation. If no collection takes place by then, the lessor is entitled to rent the boats to another party. In this case, the refund of a deposit paid is excluded. 3.

3. unavailability

If the lessor is unable to make the boat available due to unforeseen circumstances, the hirer shall receive a full refund of all payments already made. The lessor is not responsible for waterway closures, navigation restrictions or other interruptions for which he is not responsible, as well as in cases of high water, low water, strike or similar.

4. takeover, use and return of the boats

(1) Takeover and return take place at the agreed times. The hirer receives a fully equipped and cleaned boat. The hirer will be instructed in the use of the boat during the handover. Tarpaulins/canopies that are dismantled independently must be returned to their original condition before the boat is returned, otherwise the lessor is entitled to charge the lessee € 20.00 for dismantling.
(2) The hirer and the lessor shall inspect the boat and its equipment together for damage before the start of the journey and document this. The hirer undertakes to draw the lessor's attention to any damage that has been overlooked by the lessor. Should anything be damaged on board during the trip, the hirer is obliged to inform the lessor immediately of the damage caused. Upon return, the lessor will inspect the boat again and is entitled to charge for any damage not previously documented, as described under "5. Liability". If the hirer conceals damage on return, he may still be held liable for recourse even if the lessor did not immediately notice the damage on return.
(3) The boat is handed over in a tidy condition and must be returned in a tidy condition. The final cleaning shall be carried out by the lessor. In the event of gross soiling, such as mud on lines, rubbish not disposed of, the lessor reserves the right to charge the hirer a final cleaning fee of €20.00 for small boats and €35.00 for pontoon boats.
(4) The use of one's own barbecue on the boats is expressly prohibited. The hirer has the option of renting a barbecue from the lessor in addition to the boat, which can also be used on the boat after instruction has been given. After 10.00 p.m. music on the boat may only be played at a reasonable volume ("room volume"). Generators, amplifiers or loudspeakers are not permitted. 

5. liability

Boats are not insured by law like cars. Boat liability and hull insurance are not included in the boat rental prices. The insurance conditions of your private liability insurance state which water sports activities are covered and to what extent. The hirer undertakes to use the boat with the greatest possible care. He is liable to the lessor for damage to the boat and accessories, including loss of the same. The lessor may claim consequential damage (loss of rental income) caused by severe damage to or loss of the boat from the lessee. If the hirer and the boat operator are not identical, both are jointly and severally liable.

Any defects occurring on the boat must be reported to the lessor without delay. The hirer is not authorised to carry out repairs or have them carried out on his own authority. The occurrence of defects cannot be ruled out even with the best care and maintenance and, provided there is no significant impairment to the overall use of the boat, shall not constitute grounds for a claim for recourse against the lessor or a reduction of the rental price or a withdrawal from the contract. The loss of enjoyment as a result of an average or an accident occurring during the rental, irrespective of the cause, cannot be the reason for a full or partial repayment. In the event of an accident, the lessor must be informed immediately. The hirer is not permitted to acknowledge opposing claims. If a technical problem occurs during the journey, please inform the lessor immediately. The lessor will then endeavour to solve the problem. In case of self-inflicted problems, the costs will be charged to the renter.

The hirer and his companions use the boat and its accessories at their own risk. Claims of any kind against the lessor arising from damage caused to the lessee or his companions during use, by the boat, parts of the boat or accessories are excluded. Furthermore, any liability for loss of or damage to personal belongings of the hirer or his companions is excluded. Excluded are cases of gross negligence on the part of the lessor.
The lessor does not assume any liability for the correctness of the possibly provided map material and the display accuracy/function of possibly installed instruments.

6. requirements for the boat driver

The boat driver must be physically and mentally capable of driving a sports boat. He/she must be in possession of a valid, official sports boat licence from an engine power of more than 15 hp. An absolute ban on alcohol applies to the boat driver. He/she is obliged to inform himself/herself about the navigation regulations and other relevant regulations and to comply with them. Should none of the persons on board meet all the requirements, a booking is only possible in conjunction with a skipper from the lessor.

7. place of jurisdiction and validity

Place of performance and jurisdiction is Berlin. Only German law shall apply. Additional agreements must be made in writing. If parts of the contract are restricted or cancelled in whole or in part by German statutory provisions, the remaining parts of the terms and conditions shall remain valid.