Legal Information General Terms and Conditions of Rental and Use
We’re not lawyers—we’re rafting experts. But even on the Danube, there are rules to follow. Here they are, clear and to the point.
§ 1 Scope
(1) The following General Terms and Conditions of Rental and Use are an integral part of the rental agreements concluded between the contracting party (hereinafter referred to as the “Renter”) and Flossmeister by Holger Wittmer (hereinafter referred to as the “Lessor”) regarding the rental items offered by the Lessor.
(2) The tenant acknowledges these terms and conditions. Any terms and conditions of the tenant that conflict with these will not be accepted, even if their inclusion is not expressly objected to.
§ 2 Subject Matter of the Contract
(1) The subject of this contract is a houseboat/sauna boat with a 15-horsepower engine, including all equipment. The minimum crew for the boat is 2 people; the maximum crew is 12 people. The boat may only be operated on the Danube and the Main-Danube Canal.
(2) During the summer months, the boat is rented out as a houseboat. Rentals are generally charged by the hour, as indicated in the booking system. Evening rentals include an overnight stay.
(3) During the winter months, the boat is rented out as a sauna boat. Rentals are generally booked by the hour, as indicated in the booking system. However, evening rentals include only the use of the sauna at the dock.
(4) The equipment included in the rental is specified in the handover report to be prepared on site and signed by both parties.
§ 3 Conclusion of the Contract
(1) The products displayed on the landlord’s website,www.flossmeister.de, do not constitute a binding offer on the part of the landlord, but rather an invitation to submit a binding offer. The desired product is added to the shopping cart without obligation by clicking the “BOOK NOW” button. The contents of the shopping cart can be viewed at any time without obligation by clicking the “VIEW SHOPPING CART” button. Input errors can be corrected at any time using the keyboard and mouse in the input fields, and products can be removed from the shopping cart. To make a binding booking, click the “PROCEED TO CHECKOUT” button. This initiates the ordering process. You must then enter the required personal data and select your preferred payment method. The process can be corrected or canceled at any time by clicking the “BACK” button. By clicking the “REVIEW ORDER” button, you can review the shopping cart once more. Only by clicking the “PLACE BINDING ORDER” button does the customer submit a binding offer. A contract is only concluded upon the landlord’s express declaration of acceptance (booking confirmation) in writing (via email). This typically occurs shortly after the binding offer is submitted.
(2) The contract shall be concluded in German.
(3) As a general rule, rentals are only available to tenants who are at least 18 years of age.
§ 4 Prices and Payment Terms
(1) The rental rates apply to the services listed in the booking confirmation. The rental rate is quoted in EUR and includes the current statutory value-added tax of 19%.
(2) Rent must be paid in advance. Payment can be made using the payment methods offered during the booking process (PayPal, credit card, bank transfer).
§ 5 Security Deposit
(1) A security deposit of €200.00 must be paid in cash at the time of handover. Receipt of the deposit will be noted on the handover report.
(2) The security deposit is intended to cover all claims arising from the lease agreement.
(2) In the event of damage, the deposit will be retained in an amount equal to the estimated cost of repairing the damage. If the deposit is insufficient, an invoice will be issued. The invoice must be paid within 10 days of receipt.
(3) If the rental item is returned in good condition and undamaged, the security deposit will be refunded after the final settlement of the rental agreement has been completed.
(4) If the deposit is retained as payment, any excess amount retained will be refunded by bank transfer.
§ 6 Withdrawal/Cancellation
(1) If the lessor is unable to provide the rental object or a replacement boat, the lessor is also entitled to cancel the agreement. The lessor shall notify the lessee of this immediately, and the lessee shall be promptly refunded any rental payments made up to that point. The lessee’s claims for damages in this regard are excluded.
(2) Furthermore, the landlord has the right to cancel the contract if unforeseeable water levels, weather conditions, or a danger to the tenant arise.
(3) Once the contract has been concluded, withdrawal is generally only possible in accordance with the provisions of law.
(4) The cancellation must be made in writing.
(5) It is expressly noted that, following the conclusion of the contract—even if the contract is concluded outside of business premises or through distance selling—the tenant has no right of withdrawal, as this right of withdrawal is excluded pursuant to Section 312g(2), sentence 1, no. 9 of the German Civil Code (BGB).
§ 7 Handover/Return
(1) The handover shall take place at the agreed time and location. If the handover time is delayed by 0.5 to 1 hour due to reasons attributable to the tenant, the landlord is entitled to charge a flat-rate compensation fee of €50.00.
(2) The lessor reserves the right to refuse to hand over the boat if the lessee and/or the other participants are clearly unfit to operate the boat (e.g., due to being heavily intoxicated) and pose a danger to themselves or others.
(3) The tenant and the landlord shall jointly inspect the subject matter of the lease and the furnishings for damage and document any damage in a handover report.
(4) The vehicle must also be returned at the agreed time. If the renter is unable to return the vehicle by the agreed time, he must notify the rental company immediately. In the event of a late return, the renter shall be liable for any consequential damages, but at a minimum shall be liable for a pro-rata amount of the originally agreed rental rate for each hour or portion thereof.
(5) Early return is permitted only by prior arrangement and does not entitle the customer to a refund or reduction of the rental price.
(6) The boat must be returned in good condition and cleaned. If the boat is not returned in a clean condition, the renter must pay a cleaning fee of €50.00.
§ 8 Rules of Use and Obligations
(1) The renter must use the boat and its accessories with care and only for their intended purpose. In particular, the renter is responsible for ensuring that the maximum and minimum number of participants is observed.
(2) The renter assumes responsibility for and uses the boat at his or her own risk.
(3) The renter and the other participants use the boat, including its equipment and sauna, at their own risk.
(4) Non-swimmers and children under the age of 8 must wear appropriate life jackets. Life-saving equipment (life jackets and lifebuoys) is intended exclusively for emergencies and must not be used for any other purpose.
(5) Driving at night (the period between calendar sunset and sunrise), when visibility is less than 2,000 meters, and when wind speeds reach 4 on the Beaufort scale or higher is prohibited.
(6) Barbecuing on board is permitted only with the optional barbecue.
(7) The boat may not be operated by persons who, due to physical or mental impairments or the consumption of alcoholic beverages or other intoxicating substances, are clearly unable to operate the boat safely.
(8) The boat may not be operated by persons under the age of 18.
(9) Renters and participants agree to behave considerately toward third parties and to treat nature with care and responsibility. Boats propelled by sail or muscle power, as well as passenger and commercial vessels, must always be given the right of way.
(10) The renter must ensure that the equipment is stowed securely in accordance with the terms and conditions. The front platform should be cleared of all items susceptible to splashing water while the vehicle is in motion.
(11) When navigating near the shore or outside the marked channel, take great care not to touch the bottom of the water. Grounding the boat to dock near the shore is prohibited.
(12) The renter must comply with the regulations of the authorities responsible for the navigation area. The renter is also required to familiarize themselves with local requirements and laws, as well as any exceptions (particularly safety equipment; navigability, speed limits, distance regulations, nature reserves, navigation restrictions, lock operating hours, etc.). Before setting out, the renter must thoroughly familiarize themselves with the conditions of the navigation area (e.g., shoals, currents, winds, and changes in water levels during strong winds, etc.).
(13) The renter may not transfer the boat to a third party.
(14) After the handover, the renter must secure the boats and accessories against loss and theft.
(15) The renter is required to comply with the applicable COVID-19 regulations of the Federal Republic of Germany, the Free State of Bavaria, and the district or city of Regensburg. As the renter of the boat, the renter is responsible and liable for any violations of these regulations.
§ 9 Claim
(1) The tenant is required to immediately report any damage, accidents, seizures, thefts, etc., to the landlord.
(2) In addition, the lessee agrees to immediately notify the relevant water police in the event of collisions, accidents, or other extraordinary incidents. The lessee shall document any injuries to persons and/or damage to the boat in detail.
(3) The lessee is not authorized to admit liability for damages to third parties. Admitting liability to third parties may result in the loss of insurance coverage.
(4) In the event of damage, the renter must allow the lessor to repair the damage. Even if minor damage occurring during the rental period does not prevent the vehicle from continuing to be driven, the renter must allow the lessor to repair the damage immediately to prevent further damage from occurring. The renter is not authorized to carry out repairs or have them carried out on their own initiative. In the event of technical problems caused by the renter, the costs of repair will be billed to the renter.
Section 10: Tenant's Liability
(1) The tenant is liable for damage to the subject matter of the lease, loss thereof, incidental damages, and breaches of the lease agreement in accordance with the provisions of law.
(2) The boat is covered by liability and comprehensive insurance. The liability insurance provides a maximum coverage of €2,000,000.00 for property damage and bodily injury, with a limit of €1,000,000.00 per person, as well as €25,000.00 for financial loss. The comprehensive insurance provides coverage of up to €60,000.00. The deductible for comprehensive insurance is €1,000.00 per claim.
(3) In the event of an insured loss, the tenant is responsible for paying the deductible.
(4) The lessee is liable for all persons/participants (passengers) on board the boat. Property damage and personal injury sustained by passengers are not covered by insurance. However, accident insurance is provided in the event of disability or death of a passenger. This coverage includes a maximum of €40,000.00 for death and €150,000.00 for disability.
(5) The insurance policies do not, under any circumstances, exempt the tenant from liability for damages not covered by the insurance. For example, damages caused by the tenant through willful misconduct or gross negligence are not covered. Upon the tenant’s request, the landlord shall provide the tenant with access to the insurance terms and conditions.
(6) The lessee shall also bear unlimited liability for any violations of regulations and other legal provisions, as well as for any disturbances of possession caused by the lessee or third parties to whom the lessee has entrusted the boat. The lessee shall indemnify the lessor against all fines, penalties, fees, and other costs imposed on the lessor by the authorities in connection with such violations.
§ 11 Liability of the Lessor
(1) The Lessor is liable on a fault-based basis in cases of intentional misconduct and gross negligence. In cases of simple negligence, the Lessor is liable, subject to statutory limitations on liability (e.g., due care in its own affairs, minor breaches of duty), only to the extent that such negligence constitutes a breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party regularly relies and is entitled to rely, as well as for damages resulting from injury to life, limb, or health. In all other respects, liability is excluded.
(2) The foregoing exclusions and limitations of liability apply to the same extent to the Lessor’s officers, agents, employees, and other vicarious agents.
(3) All information provided by the landlord is given to the best of the landlord’s knowledge and without warranty.
Section 12 Data Protection
The landlord processes and stores data related to the respective contracts only in accordance with applicable legal regulations. Further details are provided in the privacy policy available on the website “https://flossmeister.de/”. The order confirmation includes the order details once again. For security reasons, the tenant does not have access to the contract.
§ 13 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
(2) The lessor’s place of business (Straubing) shall be the agreed venue if the lessee does not have a general venue within Germany, or if the lessee moves his domicile or habitual residence abroad after the conclusion of the contract, or if his domicile or habitual residence is unknown at the time the action is filed, and furthermore if the lessee is a legal entity under public law, a special fund under public law, or a merchant.
(3) The European Commission has established an online platform for the resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr. The landlord is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
(4) If any provision of this agreement is invalid, the validity of the remaining provisions shall remain unaffected.
Flossmeister by Holger Wittmer, 10 Christine-Holzer-Str., 94339 Leiblfing
As of January 1, 2022