General Terms and Conditions

General Travel Conditions

These travel conditions regulate the legal relationships between you as a customer and us, Bootado, a company of Duschik & Rost Hausboot GbR, hereinafter referred to as "Bootado." The following General Terms and Conditions are based on the recommendations of the German Travel Association. Bootado has specifically created its terms and conditions for the trips offered by Bootado, which may take precedence over the General Terms and Conditions of the German Travel Association. This is acknowledged by you upon booking. Please read our catalog/brochure and the General Terms and Conditions of Bootado carefully.

Conclusion of the Travel Contract and Payment

With the registration (booking), the customer makes a binding offer to Bootado to conclude a travel contract. Registration can be made in writing, orally, by telephone, or electronically. The registering customer also acts on behalf of all travelers listed in the registration. The contract is concluded upon acceptance by Bootado. Acceptance does not require a specific form but usually occurs through the sending of the travel confirmation/invoice. If the content of the travel confirmation differs from the content of the registration, a new offer from Bootado for the travel contract exists, to which Bootado is bound for one week. The travel contract is concluded based on Bootado's offer if the customer declares acceptance to Bootado or the travel organizer within the binding period. This can also occur through a payment.

Upon conclusion of the contract, a deposit of 40% of the travel price is due. The remaining payment must be received by Bootado no later than six weeks before the start of the trip. If the final payment is not received on time, Bootado is entitled to refuse the customer's takeover of the boat.

In the case of a trip with multiple boats, a separate travel contract is concluded for each boat, even with simultaneous registration and group bookings, unless explicitly agreed otherwise. Performance disruptions in an individual travel contract do not affect other travel contracts.

Services, Travel Insurance

The scope of the contractual services results from the service description in the brochure as well as from the references made in the travel confirmation. The information contained in the brochure is binding for Bootado.

Bootado reserves the right to declare a change in the brochure information before the conclusion of the contract, of which the customer will be informed before booking. Side agreements that change the scope of the contractual services require explicit confirmation.

Bootado also reserves the right to increase the advertised and contractually agreed prices in the event of an increase in fees for specific services (e.g., harbor fees) accordingly (but by a maximum of 5%) if more than four months lie between the conclusion of the contract and the agreed travel date.

The personal belongings of the customer and other travelers are not insured. In this regard, the customer is advised to take out travel accident and baggage insurance in their own interest.

Cancellation Policy

The customer can withdraw from the trip at any time before the start of the journey. If the customer withdraws from the travel contract or does not commence the trip, Bootado will charge the following cancellation fees as compensation for the arrangements made and expenses incurred:

1. Withdrawal more than 60 days before the start of the boat rental: 10%, minimum €200.00
2. Withdrawal between 60 and 46 days before the start of the boat rental: 40%, minimum €200.00
3. Withdrawal between 45 and 1 day(s) before the start of the boat rental: 90%
4. Withdrawal on the day of departure (no show): 100%

The customer is expressly permitted to provide evidence that Bootado has incurred no damage or significantly lower damage than the lump sum. Bootado strongly recommends taking out travel cancellation insurance.

Until the start of the trip, the customer may demand that another person enter into the rights and obligations arising from the travel contract in their place. The customer may be replaced by an appropriate third party during the execution of the trip. Any resulting actual additional costs will be borne by the customer. Bootado can oppose the entry of the other person if the other person does not meet the specific travel requirements or if legal regulations or official orders oppose it. If another person enters the contract, they and the originally registering customer are jointly liable for the travel price and the incurred additional costs.

If the trip is significantly complicated, endangered, or impaired due to unforeseeable force majeure at the time of the conclusion of the contract, both Bootado and the customer can terminate the contract. In such a case, Bootado can demand reasonable compensation for the already provided or still to be provided travel services for the termination of the trip.

Liability of Bootado

Bootado is liable within the framework of the due diligence of a prudent businessman for the diligent preparation of the trip, the careful selection and monitoring of service providers, the accuracy of the service descriptions, and the proper provision of the contractually agreed travel services, as long as Bootado has not declared a change in the brochure information.

Bootado is also liable for any fault of the persons entrusted with the provision of services.

Limitation of Liability

Bootado's contractual liability for damages that are not bodily injuries is limited to three times the travel price, provided that the customer's damage is not caused intentionally or through gross negligence or to the extent that Bootado is solely responsible for a damage incurred by the customer due to the fault of a service provider.

For all claims against Bootado for damages from unlawful acts that are not based on intent or gross negligence, Bootado is liable for property damage up to €4,100 or the higher threefold travel price. These liability limits apply for each traveler and trip.

Bootado is not liable for service disruptions in connection with services that are merely mediated as third-party services and which are expressly marked as third-party services in the travel brochure.

The customer is obliged to cooperate in the event of service disruptions within the framework of statutory provisions to avoid or minimize any damages. The customer is particularly obliged to promptly notify the relevant base of any complaints. This base is tasked with remedying the situation, if possible. If the customer culpably fails to report a defect, a claim for reduction does not arise.

Exclusion of Claims and Limitation Period

Claims due to non-contractual provision of the trip must be asserted by the customer against Bootado within one month after the contractually agreed conclusion of the trip. Claims of the customer according to §§ 651c-651f BGB (German Civil Code) expire one year from the day the trip was supposed to end according to the contract.

If negotiations about the claims are conducted between the customer and Bootado, the limitation period is suspended until the customer or Bootado refuses to continue negotiations. The limitation period begins at the earliest three months after the end of the suspension.

Terms and Conditions for Boat Trips

Suitability

The captain on board (customer) must be of legal age and is responsible for the equipment entrusted to him. He must present his identity card upon boarding. Bootado reserves the right to require the customer to remain in the harbor or limit the navigation area if he is unable to take on the responsibility.

Deposit, Deductible

A deposit of €1,200 must be paid on-site to the operator River Boating Holidays upon taking over the boat. The deposit will be refunded at the end of the boat trip if the boat is returned safely at the agreed time and place. The customer is liable up to the amount of the deposit for damages to the boat and equipment and for accidents. At the departure harbor, there is an option to be exempted from the deductible by paying a flat fee.

Taking Over the Boat

The boat will be available to the customer once he has completed the necessary formalities, checked the condition of the boat and the inventory list, and followed the theoretical instruction on navigation and handling of the boat.

The guaranteed boat handover takes place from 4:00 PM.

The customer can refuse to take over the boat if it does not correspond to the rented type of boat, if the equipment necessary for the boat trip is not functional, or if cleanliness and order on board do not meet industry standards.

Boarding may take place at a different base in the event of lock repairs, flooding, or other unforeseen circumstances that make boarding at the intended location impossible.

Changes in Departure Location, Navigation Restrictions

In the event of a closure of the canal, flooding, water shortages, bank reinforcement work, lock repairs, strikes by lock operators, etc., boarding may take place from a different location or navigation may be restricted. Bootado is not responsible for these changes or restrictions. They do not entitle the customer to withdraw from the travel contract.

If Bootado is unable to provide the boat due to unforeseen circumstances or force majeure such as strikes, natural disasters, war, civil war, etc., Bootado will make its best effort to provide the customer with a boat of equal comfort and capacity. If this is not possible, Bootado is entitled to withdraw from the contract free of charge.

One-Way Trips

Even if Bootado has already accepted a one-way trip, this service is never guaranteed, as Bootado may be forced to change the direction of travel or require a round trip due to unforeseen circumstances or force majeure (e.g., cancellation by previous or subsequent customers) without this leading to the customer’s withdrawal from the travel contract. Only any additional fees paid for the one-way trip will be refunded.

It is essential that the customer confirms the one-way trip with Bootado by phone 48 hours prior to departure.

Unavailability of Waterways

In the case of flooding, low water levels, restrictions on the navigation sector (due to flooding or drought), other damages to waterways, or other circumstances that make navigation impossible or difficult, Bootado may change the location and departure dates of the boat trip in strict proportion to the restrictions caused by these occurrences.

If the occurrences make a boat trip impossible, the travel price paid by the customer may be transferred to another travel date, depending on the availability of the tour operator.

Accidents and Insurance

The travel price includes comprehensive insurance for the boat as well as liability insurance for damages caused by the customer or accompanying passengers to third parties with the boat. However, the customer is liable for all claims arising from the insurance incident up to the amount of the security deposit.

In the event of accidents or breakdowns, the customer must immediately notify the departure base and await instructions for further actions. Without prior consent from the base, the customer may not acknowledge liability to third parties or repair the vessel or incur any other costs in the event of an accident.

An accident or breakdown does not entitle the customer to a reduction in the travel price or compensation.

Trip Interruptions and Breakdowns

Trip interruptions or breakdowns do not entitle the customer to a reduction in the travel price or compensation unless they are based on gross negligence by the base. The base maintains a repair service that is reachable daily and eliminates all damages to the boat and engine as quickly and professionally as possible.

If the trip is not carried out according to the contract, the customer may demand a remedy. The base may refuse to provide a remedy if it requires a disproportionate effort. The base can also provide a remedy by offering an equivalent substitute service. This remedy can also be provided through telephone consultation.

If the duration of the mooring due to a breakdown not caused by the customer exceeds 24 hours, Bootado will reimburse the customer the proportionate travel price that has been paid for the unused time. The duration of the mooring is calculated from the moment the customer has notified the base of the breakdown. The customer refrains from any initiative that is not justified by necessity or urgent need.

If a trip is significantly impaired due to a defect and the base does not provide a remedy within a reasonable time frame, the customer may terminate the travel contract through written declaration within the legal provisions. The same applies if the customer cannot be reasonably expected to continue the trip due to a defect that is apparent to the base. There is no need to set a deadline for remedy if remedy is impossible or is refused by the base. The customer owes Bootado the part of the travel price corresponding to the services utilized, provided these services were of interest to them.

If it is determined that the damage was caused by the customer or an accompanying person through fault or gross negligence, they may not claim any compensation. The customer is liable to Bootado for damages. The security deposit may be withheld to cover any costs arising from repairs.

Regulations for Boating

The customer must adhere not only to the regulations of river navigation but also to the instructions issued by the base and the navigation authorities. It is prohibited to operate the boat in darkness, tow other boats, or rent or lend the boat to others.

Use of the Boat

The customer is obliged to use the boat with the utmost care. They are liable to Bootado not only for damages to the boat and its facilities but also for the loss of the same. Bootado may assert claims against the customer for any damages arising from such cases.

Any liability of Bootado or the base for the loss or damage of personal belongings of the customer and accompanying passengers is excluded unless the loss or damage was caused by gross negligence on the part of the base.

Return of the Boat

The customer must return the boat and its facilities in an undamaged and clean condition at the agreed return location and on time. The return takes place in the morning from 9:00 AM. Upon return, the operator on-site will conduct an inspection of the boat and its facilities. The customer is obliged to inform the operator of any missing, broken, or stolen equipment.

The operator on-site is entitled to deduct any identified damage or loss from the security deposit.

If the boat is not vacated and returned on time, the customer is liable for any damage caused to Bootado and/or the operator on-site due to the delay.

Pets

Pets are allowed on almost all houseboats upon consultation. However, they incur an additional fee as indicated in the applicable price list. The customer must bring all necessary equipment for the pet themselves and may not use the boat's bedding, blankets, or dishes for the pet in any case. Furthermore, when returning the boat, care must be taken to thoroughly remove pet hair and any other dirt.

Ineffectiveness of Individual Provisions, Jurisdiction

Should any of the above provisions be or become ineffective, the remaining conditions shall remain valid, and the effectiveness of the travel contract shall remain unaffected. The customer may only sue Bootado at Bootado’s registered office.

Bootado

Chemnitz, January 1, 2024