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 of application
1.1 These General Terms and Conditions apply to all contracts concluded via our online store between Riverboat Event GmbH, Schröderstr. 61 69120 Heidelberg, registered in the commercial register of the Local Court of Mannheim under HRB 744443, represented by the managing director 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 General Terms and Conditions 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 or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
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 are purely service descriptions and do not constitute an assurance or guarantee.
2.2 The available booking options can be viewed on our website. We reserve the right to check the booking date you have selected.
2.3 Vouchers can be used to book our offers, but not to purchase additional 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 select one of our booking options without obligation and collect them in a so-called shopping cart using the [add to cart / book now] button. 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. You can then complete the booking process within the shopping cart by clicking the [Continue to checkout – Book now] button. 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 enter the relevant data and are then redirected back to our online store.
3.3 The contract is only concluded when we have confirmed the booking by sending you an express 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 a period of seven (7) days, no contract is concluded and you are also no longer bound by your application.
3.4 Your requests for the preparation of a flexible offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within seven (7) days (unless another period is stated in the offer).
3.5 The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
3.6 The contract is concluded in German.
4. prices
4.1 All prices stated on our website include the applicable statutory value added tax.
4.2 Any shipping costs incurred will be displayed in the booking overview and are to be borne by you unless you make use of your right of withdrawal.
4.3 The goods will be shipped by post. If you are a consumer, we bear the shipping risk.
5. payment modalities
5.1 You can choose from the available payment methods during 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 payment methods, 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 provider of the instant payment system 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 of EUR 3.00 for reminders.
5.5 Your obligation to pay default interest does not exclude the assertion of further default damages by us.
5.6 You are only entitled to offset if your counterclaims have been legally established or recognized 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 If you cancel the contract or do not start the trip, you are obliged to pay the following cancellation or booking fee:
Cancellation up to 4 months before the start of the trip: 10% of the invoice amount
Cancellation up to 2 months before the start of the trip: 50% of the invoice amount
Cancellation within the last 30 days before the start of the trip: 75% of the invoice amount
Cancellation within the last 14 days before the start of the trip: 100% of the invoice amount
7.2 In the event of thunderstorms, high water level 1 or strong winds in excess of force 8, the trip can be canceled free of charge by either party.
8. performance, force majeure
8.1 If the booked trip cannot take place from the outset due to force majeure or unforeseeable events, neither party shall be obliged to provide any service. Force majeure includes, in particular, officially ordered bans on the event (e.g. for pandemic reasons).
8.2 If force majeure, such as fog, high or low water, work stoppages, accidents, shipping closures or similar, operational disruptions or interruptions make it necessary to change the ship’s schedule or if the trip cannot be carried out or can only be carried out in part for such reasons, no claims for compensation or damages can be derived from this. 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 If the booked trip is canceled, we will make every effort to arrange a new date together with you.
9. behavior on board
9.1 During the booked trip, passengers must follow the instructions and requests of the skipper.
9.2 We reserve the right to disembark passengers whose behavior endangers other passengers, the boat crew or the boat.
9.3 In the event of violation or non-compliance with the instructions and requests of the skipper, we reserve the right to end the trip prematurely.
9.4 Animals are only permitted on board after prior consultation with us.
10. liability
10.1 We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
10.2 In other cases, we shall only be liable – unless otherwise regulated in paragraph 10.3 – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for 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 resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
10.4 The limitations of paragraph 10.2 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 required for business transactions. When processing your personal data, we observe the legal conditions.
12. image 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 by Riverboat Event GmbH and third parties as well as publication in social media and 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, if this would constitute 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 the online settlement of disputes. 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.
