Terms of Service

 

 General terms and Conditions -Terms and conditions for boat hire at Kanu Lahn-Dill – 

 

1. Scope, provider 

(1) These general terms and Conditions (hereinafter referred to as "Terms and Conditions") contain the between you and Antonia Lüdeke, at Reason 4, 35641 aldermen reason (hereinafter referred to as"KldOr"We"or"Us") applicable conditions for the rental of boats and accessories to the customer (hereinafter referred to as"CustomerOr"You". 

(2) deviating and/or beyond these terms and conditions of business of the customer will not be contractual content. 

 

2. Differentiation between entrepreneurs and consumers 

(1) Some regulations of these GTC do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is particularly marked at the relevant place of these GTC. 

(2) "Consumer"For the purposes of these GTC, in accordance with the legal definition in § 13 of the Civil Code, any natural person who completes a legal transaction for purposes which predominantly does not include his commercial or independent professional activity can be used. 

(3) "Business owner"For the purposes of these GTC, in accordance with the legal definition in § 14 of the Civil Code, natural and legal persons or legally capable partnerships which, in the exercise of their commercial or independent professional activities, are Business relationship. 

 

3. Conclusion of the contract 

The contract with us can be concluded by means of individual communication (e-mail, fax, telephone, in personal presence etc.) or via our website. If the contract is concluded through the website: 

(1) In the case of orders on our website, the contract is concluded as follows: only the order of the service by you is a binding offer to conclude a corresponding contract. To make the order, you go through the ordering process on the website and enter the information requested there. Before sending the order you have the possibility to check all the order data again and correct it if necessary. Only with the dispatch of the order you give us a binding offer to conclude a contract. 

 

We can supply your offer within five days by 

-Sending an order confirmation by post, fax or e-mail, 

-or call for payment 

 

Accept; The time of receipt of our order confirmation or request for payment is decisive for the observance of the deadline. 

(2) The contract language is German. 

 

4. Storage of the contractual provisions 

In the case of orders on our website, we store the contractual provisions, i.e. the order data and the present GTC. You can print or save the contractual terms by using the usual functionality of your browser (usually "print" or "File" > "Save As"). The order data is included in the order overview, which is displayed in the last step of the purchase order. The contractual provisions, including the general terms and conditions, are also included in the e-mail with the order confirmation, which we will send you in case of acceptance of your order. 

 

5. Services 

Our services are regulated in the offer documents. 

 

6. Duties of co-operation, protection obligations and obligations of the customer 

(1) During the use of a boat, for safety reasons, there is a strict ban on alcohol for all occupants. The customer is only allowed to have the boat when all occupants who fall under the customer's rental contract are completely sober. 

(2) Each person carries a life vest. Life jackets are provided free of charge by KLD for the duration of the rental. 

(3) The customer may not rent the rental material or pass it on to third parties for the use of the equipment. 

(4) The rental material may only be used on the Lahn. The driving of the tributaries and side arms is prohibited. 

(5) The customer undertakes to allow the rented boat to be carried only by persons older than 12 years and not exceed the maximum number of persons of the rented boat. 

(6) The customer has to behave in such a way that any danger or impairment of the occupants as well as other third parties, especially of occupants of other boats, is avoided at any time. 

(7) The customer has to comply with all official regulations or requirements, in particular also warning and signs. Instructions for circumventing obstacles, rapids, weirs, etc. must be followed exactly. The customer adheres to the Federal Waterway Ordinance, operating regulations of the Schleu-sen and the Floodplain Protection Ordinance. The customer follows the instructions of the Water Police. 

(8) The driving or descent of defences is strictly prohibited. Danger of life! 

(9) Wild camping is prohibited. The customer stays on an official camping/Zeltplatz or in another legally safe accommodation. 

(10) The customer shall ensure that during the use of the boat, including land aisles, waste is collected from the occupants covered by the lease contract of the customer and disposed of properly in designated waste containers. 

(11) The customer must supervise the rental material during the rental and secure it against theft. 

 

7. Return of the boat 

(1) You are obligated to hand over the leased property to the Schedule of the rental period at the agreed place in a purified condition. 

(2) The return has to be made during our business hours specified in the offer documentation and/or on the website, but no deviating agreement has been made. 

 

(3) If the return date is exceeded by more than one hour, the customer is obligated to pay a compensation of one day's rent per day for the period going beyond the rental time. The tenant remains open to proof that we have incurred no or lesser damage. 

 

8. Personal prevention of the tenant, transfer, reversal, danger situation 

(1) You shall not be exempted from the payment of the rent in such a way that you are prevented from exercising your right of use by a reason in your person. In particular, sickness, even of group members, or bad weather forecasts do not exempt from the payment of the rent. 

(2) As long as we are unable to provide you with the use of the service to a third party, however, you are not obligated to pay the rent. 

(3) Rebooking: Notwithstanding this, we will allow you to transfer to a new date within the same season of the year 1.4.-31.10., provided that at the time of your rebooking, the corresponding capacities are still free. We grant this possibility in the following cases or under the following conditions: 

 

-Rebooking in case of personal prevention due to sickness: presentation of a medical certificate before the (original) start of the lease; We charge a processing fee I.H.V. 20,-euro (per customer) 

-rebooking due to bad weather: one day before the start of the rental period from 3pm until the day of the start of the rental at 6 o'clock in the morning, if according to www.wetter.com for one rental or the first rental date of several Miettagen all day (morning, noon, evening and night) continuous rain for the Postal code of the starting location is reported. 

The transfer must be sent to us by e-mail or via the booking system. The transfer of the customer to a new date is only effective after receipt of the changed booking confirmation. 

(4) Cancellation: We also give you a right to cancel (cancellation) on the following conditions, depending on the time of your cancellation. The withdrawal must be made in text form, the date of receipt of your cancellation statement is decisive: 

 

-Up to 21 days before start of rental: processing fee €20 

- From the 20th to the 10th day before the start of the rental: 40% of the total rent 

- From the 11th to the last day before the start of the rental: 60% of the total rent 

-On the day of the start of the rental or non-arrival: 80% of the total rent 

(5) Danger situation, official orders: If, for the period of booking or for a part of the time of booking, it is not for the occupants to carry out the boat trip due to the weather conditions and/or impairment of the water to be travelled Fear, we do not issue boats during the period in question and may not use boats that have already been issued. The level Leun is new for high water at the Lahn (max. 3.60 meters; Phone: 06473-19429), however, a danger situation can also exist even at lower flood conditions. For the period of a danger situation we are exempt from the provision of the service and you from the payment of the rental interest. 

Further legal rights of the parties remain unaffected. 

 

The foregoing applies to official bans or orders which are contrary to the use of the leased property. Please inform us before your arrival by phone or e-mail about the location on the spot. 

 

9. No right of withdrawal 

In accordance with § 312g (2) No. 9 BGB, a right of withdrawal shall not include, inter alia, contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, rental of motor vehicles, supply of food and Beverages and other services related to recreational activities where the contract provides for a specific date or period for the provision. Since we rent the boats for specific dates or time periods, there is accordingly no right of withdrawal. 

 

10. Claims for defects (warranty) 

When renting boats and/or other materials we are liable for defects of the goods that were already present when they were given to the customer, only if we are responsible for these defects. 

 

11. Limitation of liability 

For liability of us for damages applies: 

(1) In the case of intent and gross negligence, including our vicarious agents, we are liable according to the legal regulations. The same applies to negligent damage caused by injury to life, body or health. 

(2) In the case of negligently caused damage to property and property, we are only liable in the event of a breach of a substantial contractual obligation, but in the amount limited to the foreseeable and typical contractual damages. Essential contractual obligations are those whose fulfilment allows the proper implementation of the contract in the first place and on whose adherence the contractual partner may trust regularly. 

(3) Furthermore, we are excluded from liability, irrespective of their legal basis. 

(4) The exclusions and limitations of the foregoing paragraphs (1) to (3) shall apply mutatis mutandis to the benefit of our vicarious agents. 

(5) Liability for the acceptance of a guarantee or according to the product liability law remains unaffected by the exclusions and limitations of the foregoing paragraphs (1) to (4). 

 

12. Choice of law, legal venue 

(1) Only German law applies. This choice of law applies to a consumer only insofar as it does not restrict any mandatory legal provisions of the State in which he or she resides or habitual residence. 

(2) The place of jurisdiction in the course of trade with merchants, legal persons under public law or special assets under public law is the seat of our company. We are, however, entitled to sue at the customer's domicile at our discretion.