General terms and conditions with customer information
1. Scope
2. Booking options, service descriptions
3. Booking process, conclusion of contract
4. Prices
5. Payment modalities
6. Right of withdrawal
7. Cancellations
8. Implementation, force majeure
9. Conduct on board
10. Liability
11. Data protection
12. Picture and sound recordings
13 Applicable law, place of jurisdiction
14. Final provisions
1. Scope
1.1 These General Terms and Conditions apply to all contracts concluded via our online store between Riverboat Event GmbH, Bergstrasse 21, 69120 Heidelberg, Germany, registered in the Commercial Register of the Local Court of Mannheim under HRB 744443, represented by the Managing Directors Georg Bloss and Tjard Hansen and you as our customer. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 The business relationship between you and us is governed exclusively by these GTC in the version valid at the time of booking. Deviating general terms and conditions of the customer shall not be recognized unless we expressly agree to their validity in writing.
2. booking options, service descriptions
2.1 The presentation of the booking options in our online store represent pure descriptions of services and are not an assurance or guarantee.
2.2 The available booking options can be viewed on our website. We reserve the right to review the booking date you have selected.
2.3 Vouchers can be used for booking our offers, but not for the purchase of further vouchers. Cash redemption is not possible. The voucher is transferable and valid for two (2) years from the date of issue.
3. booking process, conclusion of contract
3.1. The presentation of our booking options in our online store does not constitute a legally binding offer, but an invitation to submit an application for a booking on your part.
3.2 You can choose one of our booking options without obligation and collect them in a so-called shopping cart by clicking the button [in den Warenkorb / Jetzt buchen]. Within the shopping cart you will find an overview of the booking option(s) you have selected. Before submitting your booking, you can view and change the data at any time using the corresponding button in the navigation bar. Afterwards, you can proceed to the completion of the booking process within the shopping cart by clicking the button [Weiter zur Kasse – Jetzt buchen]. By clicking the button “book now” and entering your personal data (necessary information is marked with an asterisk (*)) as well as the terms of payment and shipping, you submit a legally binding application. However, the application can only be submitted and transmitted if you accept these GTC by clicking on the “Accept GTC” button and thereby include them in your application. If you want to use an instant payment system (e.g. PayPal) as a payment method, you will be redirected to the payment system’s website. There you will make the appropriate entries of your data and will then be redirected back to our online store.
3.3 The contract is only concluded when we have confirmed the booking by sending you an explicit order confirmation or by sending you the invoice. In the event of several acceptance procedures, the earliest acceptance time shall be decisive. If we do not accept your application within an acceptance period of seven (7) days, no contract will be formed and you will also no longer be bound by your application.
3.4 Your requests for the preparation of a flexible offer are non-binding for you. For this purpose, we shall submit a binding offer to you in text form (e.g. by e-mail), which you may accept within seven (7) days (unless a different period is specified in the offer).
3.5 The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
3.6 The contract shall be concluded in German.
4. prices
4.1 All prices stated on our website are inclusive of the applicable statutory value added tax.
4.2 Any shipping costs incurred will be shown to you in the booking overview and shall be borne by you unless you exercise your right of revocation.
4.3 The goods shall be shipped by mail. If you are a consumer, we bear the shipping risk.
5. payment modalities
5.1 You can choose from the available payment methods as part of and before completing the booking process. You will be informed about the available means of payment on a separate information page(https://riverboat-heidelberg.de/zahlungsweisen/).
5.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the invoice. For all other methods of payment, payment must be made in advance without deduction.
5.3 If you wish to use an instant payment system (such as Paypal) as a payment method, the General Terms and Conditions of the instant payment system provider shall also apply.
5.4 Payment of the booking price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you shall pay the statutory interest on arrears at a rate of 5 percentage points above the prime rate. In addition, we reserve the right to charge reminder fees in the amount of 3.00 EUR for reminders.
5.5 Your obligation to pay default interest shall not preclude us from claiming further damages for default.
5.6 You shall only be entitled to set-off if your counterclaims have been legally established or acknowledged by us.
6. right of withdrawal
If you have made your booking as a consumer, you have a right of withdrawal. We will inform you separately about this right of withdrawal on our website at https://riverboat-heidelberg.de/widerruf/.
7. cancellations
7.1 In case of cancellation of the contract or failure to start the trip, you are obliged to pay cancellation or booking fee in the following amount:
Cancellation up to 4 months before departure: 10% of the invoice amount
Cancellation up to 2 months before departure: 50% of the invoice amount
Cancellation within the last 30 days before departure: 75% of the invoice amount
Cancellation within the last 14 days before departure: 100% of the invoice amount
7.2 In the event of a thunderstorm, flood stage 1 or strong winds above force 8, the trip may be cancelled by either party free of charge.
8. implementation, force majeure
8.1 If the booked trip cannot take place from the beginning due to force majeure or unforeseeable events, neither party shall be obliged to provide any service. Force majeure shall also include, in particular, officially ordered bans on the event (e.g. for pandemic reasons).
8.2 If, due to force majeure, e.g. fog, high or low water, work stoppage, averages, shipping blockages or similar, operational disruptions or interruptions, a change in the ship’s schedule becomes necessary or if, for such reasons, the voyage cannot be carried out or can only be carried out in part, no claims for compensation or damages may be derived therefrom. You are only entitled to a refund or partial refund of the prepaid, unused fee. The assessment of the respective situation lies exclusively with us.
8.3 In case of cancellation of the booked trip, we will try to arrange a new date together with you.
9. conduct on board
9.1 During the booked voyage, passengers shall comply with the instructions and requests of the skipper.
9.2 Food or beverages brought on board may not be consumed on board.
9.2 We reserve the right to remove passengers from the boat whose behavior endangers other passengers, the boat crew or the boat.
9.3. In case of violation or non-observance of the instructions and requests of the skipper, we reserve the right to end the trip prematurely.
9.4 Animals are allowed on board only after prior consultation with us.
10. liability
10.1 We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
10.2 In other cases, we shall be liable – unless otherwise stipulated in paragraph 10.3 – only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 10.3.
10.3 Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
10.4 The restrictions of paragraph 10.2 shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
11. data protection
We collect and store the data necessary for business processing. When processing your personal data, we observe the legal conditions.
12. picture and sound recordings
By booking or boarding the boat, you and your passengers expressly authorize image and sound recordings of you and the use of these for marketing and press and public relations purposes on the part of Riverboat Event GmbH and third parties, as well as publication in social media as on third-party digital media.
13 Applicable law, place of jurisdiction
13.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have made your booking as a consumer and have your habitual residence in another country at the time of your booking, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
13.2 If you are a merchant and have your registered office in Germany at the time of booking, the exclusive place of jurisdiction is the registered office of Riverboat Event GmbH and thus Heidelberg. In all other respects, local and international jurisdiction shall be governed by the applicable statutory provisions.
14. final provisions
14.1 The contract shall remain binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
14.2 The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online (purchase) contracts. More information is available at the following external link: http://ec.europa.eu/consumers/odr. We are not prepared to participate in a dispute resolution procedure.
