General Terms and Conditions (GTC) for Germania Schifffahrtsgesellschaft mbH, Rathausstraße 4a, 26789 Leer

§ 1 General – Scope

The GTC apply to all boat trips on the Amsterdam canal boat “Koralle” of Germania Schifffahrtsgesellschaft mbH – hereinafter referred to as the “Shipping Company.” They do not apply to charter trips.
Only these GTC apply. Terms and conditions of the customer that differ from or contradict these GTC are only valid if their applicability is explicitly agreed to in writing. This also applies if the service or delivery is carried out unconditionally for the customer despite knowledge of differing or opposing customer terms.
The GTC apply to both consumers and businesspersons, legal entities under public law, and special funds under public law, unless otherwise specified below.

§ 2 Tickets for Tours

Tickets must be purchased before the trip at the sales office, sales pavilion, or online.
The tickets are issued electronically or as numbered paper receipt tickets.
Tickets are transferable only by arrangement with our staff.
Tickets must be personally presented when boarding, kept during the trip, and shown to staff upon request. This does not apply to tickets that must be submitted at the entrance. Tickets are valid for single use only. If no valid ticket is presented during a ticket inspection, it must be repurchased. In case of violations, the shipping company may charge an increased fare.
Tickets are non-refundable if the trip is not taken.
The cancellation conditions according to § 7 apply.

§ 3 Vouchers

There is no entitlement to a cash payout. Extension of vouchers is only possible by arrangement. The statutory limitation periods apply for voucher redemption. The period begins at the end of the year in which the voucher was purchased.

§ 4 Vouchers from Third Parties

Issuing a voucher by a third party does not constitute a contract with the shipping company. For vouchers accepted by the shipping company, the same rules apply as for purchased tickets.

§ 5 Fare

The fare is determined by the prices stated at the time of the contract’s conclusion.
Discounts may be granted upon request. However, there is no legal entitlement to a fare discount. These GTC apply even if a discount is granted.
Unless otherwise stated, prices include all applicable fees, charges, and valid VAT.

§ 6 Payment Terms

Tickets purchased at the sales office, sales pavilion, or online are due for immediate payment.
Tickets reserved by phone or email must be paid before the trip or as per arrangement via invoice within the specified payment deadline.

§ 7 Cancellation by the Guest

A cancellation by the passenger of the contract concluded with us can be made orally, by phone, or in writing. Cancellation includes both a reduction in the number of persons and a complete cancellation of the reservation.
The reduction of the number of persons or a complete cancellation is possible up to 24 hours before the start of the trip.
After the cancellation deadline has passed, a refund of the fare is excluded.

§ 8 Trip Changes

If necessary due to force majeure, particularly extreme weather conditions (e.g., storms, hail), port closures, unforeseen technical defects on the boat, or other reasons beyond the shipping company’s control, the company may cancel the trip. The passenger has no entitlement to damages, fare refunds, or fare reductions. The same applies in the case of an unexpected failure of the sound system (harbor explanation).

§ 9 Withdrawal by the Shipping Company

The shipping company has the right to withdraw from the contract if the minimum number of 10 passengers is not reached. In this case, the company will refund the fare. Additional claims are excluded.
The shipping company has the right to withdraw from the contract without further notice if the fare is not paid by the start of the trip.

§ 10 Liability

Claims for damages by the passenger are excluded unless otherwise specified below. The liability exclusion also applies to the legal representatives and agents of the shipping company if the passenger asserts claims against them. Exempted from this liability exclusion are damages resulting from injury to life, body, or health if the shipping company is responsible for the breach of duty. Also exempt are other damages resulting from intentional or grossly negligent breaches of duty or intentional or grossly negligent breaches of contractual obligations by the shipping company.
The maximum liability amount for claims due to the death or injury of persons transported under this passenger transportation contract is determined by § 5k paragraph 2 of the Inland Waterways Act. The limits set therein apply. The limitation on the maximum amount does not apply if the damage is due to an act or omission committed by the shipping company with the intent to cause such damage or recklessly with knowledge that such damage would probably occur.
If disruptions or defects occur in the shipping company’s services, the company will strive to remedy the situation upon knowledge or immediate complaint by the passenger. The passenger is obligated to contribute as far as reasonable to remedy the disruption and minimize possible damage. Furthermore, the passenger is required to notify the shipping company promptly about the possibility of unusually high damages. Disruptions or defects must be reported immediately by the passenger during the trip for inspection.

§ 11 Loss or Damage to Brought Items

The shipping company assumes no liability for loss, sinking, or damage to personal items brought on board or left ashore for safekeeping, nor for financial losses, except in cases of gross negligence or intentional breach of contractual obligations by the shipping company. In addition, all cases where safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this liability waiver. Apart from the cases mentioned in sentence 3, a safekeeping contract requires an express agreement.
Left-behind items must be collected by the passenger from the shipping company. If no recognizable value is apparent, the shipping company reserves the right to dispose of the items after three months.
Lost property must be handed over to the ship’s crew immediately for forwarding to the shipping company.

§ 12 Passenger Liability for Damages

The passenger is liable for all damages they cause to the ship, equipment, inventory, docking points, etc.

§ 13 Other Transportation Conditions

Passengers must comply with the instructions of the crew and ship’s captains, who exercise house rights on behalf of the shipping company, in the interest of smooth operations and passenger safety. This applies particularly to boarding the ship and instructions on passenger behavior when passing under bridges.
Smoking on board is not permitted.
Boarding or disembarking during the trip is not allowed.
Passengers may be removed from the ship by the crew for persistent violations of the GTC. Refund and compensation claims are excluded in these cases.
The shipping company reserves the right to exclude heavily intoxicated persons or groups with predominantly intoxicated or drugged individuals from the trip or to remove them from the ship. The same applies to persons or groups who pose a safety risk due to their behavior.
Flammable, explosive, corrosive, or foul-smelling substances may not be brought on board.
Wheelchairs and walking aids cannot be accommodated due to limited space. Storage on land is possible. § 11 paragraph 1 applies.
The transport of dogs or other animals requires the shipping company’s consent. Guide dogs are generally allowed free of charge.
Bringing and consuming non-alcoholic beverages on board is permitted. Alcoholic beverages are only allowed by prior arrangement with the staff. The shipping company reserves the right to conduct inspections.

§ 14 Jurisdiction, Choice of Law, Final Provisions

The place of performance and payment is the shipping company’s registered office.
The exclusive place of jurisdiction in commercial transactions is the shipping company’s registered office. The same applies if the passenger fulfills the requirements of § 38 paragraph 2 ZPO and has no general jurisdiction in Germany.
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

Definitions

• Ticket purchase refers to buying a ticket from the shipping company at the sales office, sales pavilion, online, or through a written or telephone booking with a binding payment agreement.
• Passenger is the contracting party of the shipping company as well as any persons for whom the contracting party has booked or invited the shipping company’s services.
• Ticket refers to the single or group ticket for a harbor tour or special trip from the shipping company’s program.
• Harbor tours and special trips are one- or multi-hour tours from the shipping company’s tour program.
• Vouchers are vouchers purchased from third parties for participation in the harbor or special tour specified on the voucher.