III. Terms and Conditions Boat Rental
1. The tenant makes a non-binding appointment request with a booking request via the landlord’s website.
The contract is only concluded with the confirmation of the lessor and receipt of payment or handover of the boat to the lessor on site.
2. The rental price and the deposit are to be paid in cash or in advance to the lessor’s account at the latest when the rental object is handed over. In the event of non-payment, the landlord has the right to withdraw. In the event of withdrawal, the tenant owes the landlord the full rental price minus any saved expenses. The expenses saved are flat-rate at 10%, unless the landlord proves higher expenses saved.
3. The rented item is usually only rented for one hour between 9:00 a.m. and 7:00 p.m., unless the parties agree otherwise. An extension of the rental period only comes about with the prior written consent of the lessor. In this case, the tenant has to pay the increased rent pro rata temporis. Otherwise, the standard rental period applies.
4. In the event of a late return without prior consent, the lessee must in any case pay the pro rata loss of use compensation based on the previous rent. In the event of a culpable delay, the lessee must reimburse the lessor for damages and reimbursement of expenses.
With the acceptance, the lessee confirms that the rental property is in a proper, complete, damage-free and defect-free condition. The lessee must keep the rental object in a proper and proper condition. Damage to the rental object and accessories for which the lessee is responsible must be compensated by him to the lessor. This also applies to damage caused by third parties who use the rented item with the renter or to whom he leaves the rented item with or without permission. The obligation to reimburse also includes compensation for consequential damage, reimbursement of expenses and loss of rent. Claims for reimbursement against third parties are to be assigned by the lessee to the lessor within the framework of the joint and several liability of the lessee and the person liable for reimbursement.
The reimbursement obligation also applies to the full extent if the landlord has a right of recourse against third parties. In this case, the lessee is entitled to the assignment of the claims for compensation against third parties by the lessor if any claims for compensation have been settled in full. A handover protocol will be prepared when the rental property is returned. The tenant bears all operating costs, in particular fuel, necessary consumables, e.g. oil, petrol, battery for the rental period.
For boats rented for a full or half-day, the renter has the right to cancel due to non-culpable impediment (e.g. proven illness, bad weather, etc.). The cancellation must be declared in writing before the start of the rental period. If you cancel up to 48 hours before the start of the rental, the deposit paid will remain for a new desired date or the renter will receive a voucher for the same amount on request. If canceled less than 48 hours before the start of the rental period, the renter must pay a 50% cancellation fee. If canceled less than 24 hours before the start of the rental period, the renter must pay a 100% cancellation fee.
5. If the lessee does not accept the rental item, the lessee owes the lessor the full rental price less any saved expenses. The expenses saved are flat-rate at 10%, unless the landlord proves higher expenses saved.
6. If the lessee takes over the rental object later, he still has to pay the full rental price, unless the lessor is at fault.
7. If repairs are required during the rental period, the lessee is obliged to inform the lessor.
8. In the event of accidents, other serious damage or theft, the lessee must behave in accordance with general and police regulations. In particular, he must ensure that the relevant event is recorded by the police and take every opportunity to preserve evidence, namely by identifying any participants and witnesses. Vehicles can be tracked electronically to prevent misuse or theft. The lessee is also obliged to inform the lessor immediately of all such events and to follow any instructions given by the lessor. The lessee is liable for all possible legal disadvantages that the lessor suffers from non-compliance with the provisions of this section.
Claims for loss of use or other claims by the lessee are excluded in this case, unless there is a case of intent or gross negligence on the part of the lessor.
9. The lessee is prohibited from taking the rental object out of the water. In the event of a violation, he alone has to bear the resulting fees or similar.
The rented item may only be used within the framework of recreational shipping, within the framework of the applicable shipping and customs laws, excluding any kind of competitive sport, private racing, trade, professional fishing, subletting, transport or other commercial use. The renter is prohibited from using the rented item at driving at night or in unsightly weather.
Furthermore, the rented item may only be used in water depths and sports boat docks with a water depth of at least 1 m. Wild mooring on the shore or beaches is prohibited. Slipping or extending or retracting a trailer with the rental item from the lake or into another body of water is prohibited.
Bringing animals is prohibited.
The lessee is fundamentally prohibited from making the rental object available to third parties or having it driven by them, unless the lessor agrees to the use in writing before the start of the rental period. In the event of infringement, the lessee is also liable to the lessor for the damage caused by the third party, if necessary jointly and severally.
10. With the booking request, the lessee confirms at the same time that he is in possession of all current permits required for the operation of the rental property, the necessary knowledge and experience for handling the rental property and that he is at least 18 years old. The latter must be proven on request by presenting an original photo ID. The lessee must observe the manufacturer’s operating instructions, all official regulations and instructions, restrictions, etc. The rental property may only be used for the permitted number of people. Boat shoes or shoes with white/light-colored soles must be worn on the rental property.
11. The landlord is obliged to provide the rental property in good time. If he does not meet the obligation for reasons for which he is not responsible, he can provide the tenant with an equivalent replacement for the rental object within 48 hours, starting from the start of the rental period.
If the renting then no longer makes sense for the tenant (e.g. collision of dates), he will receive back the rental price from the landlord less 10% reimbursement of expenses. The reimbursement of expenses can increase or decrease if the tenant proves lower expenses or the landlord proves lower expenses.
If the landlord does not meet his obligation to provide the property for other reasons, the tenant has the right to withdraw. In this case, the tenant is entitled to a full refund of the rental price. In this case, claims for damages and reimbursement of expenses by the tenant are excluded, with the exception of intent/gross negligence, injury to life and limb.
12. The lessor is not liable for personal injury or damage to property of the lessee or any occupants. The tenant releases the landlord from liability in this respect. Exceptions to this are intent and gross negligence on the part of the landlord or injuries to life or limb due to a defect in the rental object for which the landlord is responsible. Entering the jetty is at the risk of the tenant or any occupants. Liability claims of the tenant against the landlord or owner or operator of the jetty are excluded.
Irrespective of the tenant’s liability regulation, the landlord undertakes to take out liability insurance for personal injury and property damage to third parties, not the tenant or occupants.
However, the insurance includes the assumption of liability in the event of engine and transmission damage, intent and gross negligence, alcoholism, use of intoxicants, transfer of the rented item to unauthorized persons, disregard of manufacturer and official regulations/conditions and instructions as well as improper parking and storage of the rented item (e.g. against weather, theft, damage, etc.) by the renter or transfer to such persons. In addition, the landlord has taken out comprehensive insurance for the rental object.
13. Changes and additions to the contract, including the written form clause, must be in writing.
14. If individual provisions of the contract or parts of individual provisions are ineffective, this does not affect the validity of the remaining provisions or parts of these provisions. In place of the ineffective provision or parts of this provision, the statutory provision that comes closest to the intention of the parties and the economic purpose.
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