General terms and conditions

The following General Terms and Conditions are part of the Charter Contract between the Charterer (hereinafter referred to as Lessee) and the Lessor of Delphin Tec Schiffstechnik GmbH (hereinafter referred to as Lessor) Industriestrasse 12; 56626 Andernach and shall also apply to all deliveries and services provided by the Lessor in connection therewith.

1. booking

One posting becomes only after written confirmation and receipt of the Deposit binding. Travel cancellation and interruption insurance is recommended in any case (at the time of booking).

2. deposit, balance, security deposit

With the booking a deposit of 50% of the total charter price is due according to the booking confirmation. The final payment will be made by bank transfer in due time no later than 4 weeks before the start of the trip. The deposit in the amount of € 150,00 for rental of Joylife Floating Homes (moored at jetty/harbor) or rental of Joylife Boats (cruising use) of € 1.250,00 is to be paid before handing over the boat (bank transfer or cash payment). It is the deductible for each claim.

2.a. Cancellation

If the tenant does not take the booked charter boat or booked services due to a not timely termination or for other reasons, we are entitled to appropriate compensation. This amounts from 12 weeks before arrival to 25% of the contractually agreed charter price and 6 weeks before arrival to 100% of the contractually agreed price and also in case of non-arrival 100% of the contractually agreed price is owed.

Both parties may terminate the rental agreement without notice for good cause. In particular, one of the following cases shall be considered an important reason:

– lack of maintenance of the vehicle,

– improper or unlawful use,

– intentional or grossly negligent damage to the rental vehicle,

– The charter boat was booked under false or erroneous information about the person or the purpose of the booking.

2.b. Warranty and withdrawal of the tenant

If the lessee discovers a defect on the charter boat and/or accessories during the rental period, which considerably restricts the usability of the rental object or requires repairs on a larger scale, he has to inform the lessor immediately. As far as the seaworthiness of the charter boat should no longer be given due to the damage or should there be a threat of an increase of the damage due to a further journey, the lessee is no longer allowed to operate the charter boat without the express consent of the lessor. Only after the repair or an explicit promise of the lessor, the lessee may drive the charter boat again. If the defect cannot be remedied immediately by a short-term repair, the lessor shall immediately provide a replacement boat of equal value. If this is not possible, both contracting parties have the right to terminate the contract without notice. The tenant remains obligated to pay the agreed rent on a pro rata basis until the defect occurs.

Damage to the charter boat and/or equipment that does not affect the seaworthiness of the charter boat does not entitle the charterer to withdraw from or terminate the contract.

3. provision boat handover

With the handover -on the day of arrival the familiarization ride takes place. If the familiarization drive is not possible with the handover due to special circumstances, the Lessor is entitled to postpone the familiarization drive to the morning of the following day.

If the rental object cannot be handed over on the date agreed in the rental contract (e.g. due to accident, seaworthiness e.g. as a result of an accident during the pre-charter, etc.), the lessor can provide an equivalent charter boat. If one is not available, the trip can be made at an alternative time or the renter has the right to withdraw from the contract. In this case, the lessor shall reimburse the rent
price by remittance. In the event of cancellation of the trip, the tenant is not entitled to any claims for damages beyond the rental price.

3.a. Duties of the tenant

The Lessee warrants and undertakes to the Lessor:

• to observe the principles of good seamanship,
• to master the management of the charter boat and the inventory and to have sufficient knowledge and experience in the management of the charter boat. A driving license or a certificate of competence for driving the charter boat in the agreed sailing area is not required, provided that the propulsion power is correspondingly low,
• to observe the legal regulations in the sailing area and, if necessary, to register and deregister with the harbor master,
• not to use the charter boat for commercial purposes, not to carry animals and not to carry foreign passengers, unless there is a written agreement with the lessor in this regard,
• not to leave or rent the charter boat to any third party without the written permission of the lessor, not to transport dangerous goods or substances,
• to leave the respective sailing area only with the prior written consent of the lessor,
• not to make any changes to the charter boat or equipment,
• to treat the charter boat and equipment with care,
• to enter the charter boat with suitable footwear (flat shoes/sneakers),
• to seek the sheltering harbor in case of strong winds,
• not to smoke in the cabins and rooms of the charter boat, except on the outside deck and upper deck,
• to return the charter boat in perfect, tidy, broom-clean condition after return,
• in the event of damage, collisions, accidents or other unusual occurrences, to notify the lessor immediately (by telephone or in text form) and to act only in accordance with the lessor’s instructions, in particular not to accept any liability towards third parties,
• in case of damage to the charter boat or persons, to make a record and to provide for a counter-confirmation of the harbor master, doctor, water police, etc.,,
• in case of accident or similar cases, to always have the charter boat towed with its own line and not to make any agreements on towing or salvage costs without the Lessor’s consent,
• Check boat condition and completeness of equipment and inventory at handover and at return (checklist),
• Complaints about the charter boat must be reported immediately to the lessor and noted in the handover/return protocol.

3.b. Return

The return of the charter boat has to take place in broom-clean condition. The final cleaning is done by the landlord. If the lessee does not return the rented boat in time after the termination of the lease, the lessor may demand the agreed rent as compensation for the period of withholding. The assertion of further damages is not excluded. Therefore, should it become apparent – especially in the case of one-way charters – that the return location cannot be reached in time, the lessee is advised to inform the lessor as early as possible. If necessary, the lessor can then try to coordinate a new handover location, including with the following crew, and prevent damage from occurring. However, he is not contractually obligated to do so.

3.c. Liability of the lessor

The liability of the lessor for damages due to defects on the provided charter boat is limited to intent and gross negligence. The liability of the lessor for damages due to delay (culpable late provision of the boat) or impossibility for which he is responsible is limited to 250 €. Remote consequential damages are also excluded here.

3.d. Liability of the tenant

For acts and omissions of the Lessee in the use of the Leased Property for which the Lessor is held liable by third parties, the Lessee shall indemnify the Lessor against all consequences under private and criminal law, including all costs of legal prosecution in Germany and abroad. The renter uses the charter boat on his own responsibility.

If the Lessee leaves the charter boat at a place other than the agreed place, the Lessee shall bear all costs for the return of the charter boat to water or land. If the return exceeds the rental period, the charter boat is considered returned by the lessee only upon arrival at the agreed return port.

The lessee is liable in the same way for damage culpably caused by his relatives, fellow passengers or other third parties who came into contact with the charter boat through or via the lessee.

It is pointed out that the conclusion of a comprehensive insurance policy by the Lessor does not lead to any release of liability of the Lessee for damages which are not covered by the insurance policy or with regard to which the insurance company has expressly reserved the right to make a claim against the Lessee by way of recourse. This applies in particular to damages resulting from gross negligence, intent or failure to comply with the terms of the contract, as well as to any consequential damages.

4. restrictions on use and other instructions

The allowed number of persons for renting is to be observed according to the charter contract, the minimum crew consists of a skipper and min. one other person over 16 years of age. Children under 8 years old must wear a life jacket.

The charter boat may only be used on the insured and, if necessary, on the agreed sailing area (see charter contract).

Nighttime driving from sunset to sunrise and driving in poor visibility, such as fog, are prohibited.

Towing of boats and objects, boat races and skill rides are not permitted. Portable heaters, of any kind, and flammable goods require the express permission of the Lessor.

The tenant has the general. comply with legal requirements for the waterway.

5. qualification

The lessee of charter boats, for which a driving license is required, declares that he is in possession of a motorboat driving license “Binnen” or an equivalent license. He also declares that he is at least 18 years old.

The Lessor reserves the right to check the suitability and ability of the Lessee to drive the charter boat according to the Inland Navigation Road Regulations BschStrO by means of a familiarization trip and – if the suitability and ability cannot be determined, the vacation on the charter boat can only take place at the jetty/harbor. This does not result in an obligation to pay damages on the part of the lessor. Persons other than the responsible skipper may operate the charter boat only under his supervision. Persons under 16 years of age are also not allowed to drive the charter boat under supervision.

6. place of jurisdiction

The place of jurisdiction is the registered office of the lessor.

7. Severability clause

Should individual provisions of the contract be invalid, this shall not affect the validity of the other provisions of the contract. The void provision shall be replaced by a provision that most closely corresponds to the intended purpose.

April 2023