Conditions

for the rental of houseboats from Meeresblick Hausboote GbR - Christian Theierl and Oliver Jenny (Alte Landstr. 8, 23758 Wangels), hereinafter referred to as "lessor".

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preamble

The following conditions are part of the rental contract that is concluded between the tenant and the landlady for a houseboat. This comes about because the lessor accepts the booking based on a booking made by the lessee, which can be made verbally, in writing (also by fax, Internet, e-mail) or by telephone. With the booking, the tenant accepts the general rental conditions for himself and the people traveling with him. The houseboat is hereinafter referred to as "rental property".

 

contractor

The contract is concluded between the lessor and the lessee.

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Reservation and conclusion of contract

After the booking request, the landlady will confirm the availability and the costs incurred for the rental period. If the written offer is accepted by the tenant, the rental agreement is concluded according to the applicable legal situation. The price of the offer valid at the time applies. The down payment of 20% of the rental price is to be paid within one week after the conclusion of the rental agreement. If payment is not made on time, the booking is considered canceled and the lessor is entitled to rent the reserved houseboat to someone else. Cancellation in the event of non-payment is equivalent to withdrawal from the contract. The written essay of a rental agreement can also be made on request.

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payment of the rental price

The total rental price is shown in the booking confirmation or in the rental agreement. The rental price includes the agreed services including the equipment and the booked extras. According to the booking confirmation/rental agreement, 20% of the rental price is due no later than 7 days after the booking confirmation or the rental agreement has been sent. The remaining payment of the rental price, amounting to 80% of the total price, is due for payment to the lessor no later than 14 days before the start of the rental period. If payment is not made on time, the lessor is entitled to withdraw from the contract and cancel the booking. Cancellation in the event of non-payment is equivalent to withdrawal from the contract. The tenant bears the costs for the cancellation according to the cancellation costs shown under the paragraph "Cancellations".

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Deposit

A security deposit of €200.00 must be paid to the landlady upon takeover. This serves to cover damage caused by the tenant's fault in the rental property or for which the tenant is responsible to third parties. In addition, the lessor is entitled to demand compensation for damage in excess of the deposit if this was caused by gross negligence or intentionally. The deposit will be refunded to the tenant's account approximately one week after departure when the rental property is returned in perfect condition.

 

Takeover and return of the houseboat

The condition of the boat and the equipment will be inspected at the handover. The lessee receives technical instruction on how to use the rental property from the lessor or from the commissioned company. Existing hidden defects in the houseboat or the equipment do not entitle the renter to refuse or reduce the rental price, unless the hidden defect was known to the lessor before the start of the rental or leads to a serious restriction of the boat rental by the renter. The pick-up on the day of arrival is usually from 3 p.m. and the return on the day of return is until 10 a.m. All necessary formalities must be completed prior to acceptance. The tenant receives a professionally cleaned rental property. The renter is obliged to hand over the boat in perfect condition and clean at the agreed time. In the event of a late return, the lessee must pay twice the rental price for one day for each day started. Further claims for damages by the landlord due to the late return remain unaffected.

 

cancellations

If the tenant withdraws from the contract, the following cancellation costs will be incurred:
Receipt of the cancellation by the lessor

• up to 8 weeks before the start of the rental period: 50% of the rental price,

• Less than 6 weeks before the start of the rental: 75% of the rental price,

• Less than 3 weeks before the start of the rental period: 100% of the rental price.

If the lessor succeeds in renting out the houseboat for the entire rented period, €120 will be charged as a processing fee. Cancellations must be made in writing. Bank fees due to credit card payments, Paypal, etc. will be charged separately if the booking is cancelled.

 

unavailability of the boat

If the houseboat is not available due to circumstances for which the lessor is not responsible or as a result of force majeure, necessary repairs or due to official instructions and regulations, the lessee and lessor can withdraw from the rental contract free of charge. Claims by the lessee against the lessor arising from the impossibility of "making the goods available" are excluded. The tenant gets back payments made.

 

location guarantee

The houseboat is rented at the designated location. If the houseboat anchors at another port due to external circumstances, the tenant has the right to withdraw from the contract free of charge,

 

liability of the landlord

The use of the boat by the tenant and his fellow users is at their own risk.
The Lessor is only liable for damage that occurs as a result of intent or gross negligence. Furthermore, the Lessor is only liable up to a maximum of the amount of the rental payments made by the Tenant. The lessor is not liable for damage that did not result from the service itself, in particular it is not liable for lost profits and other financial losses of the tenant. The above limitation of liability does not apply if claims are made for damage to life, limb or health. Insofar as the lessor's liability is excluded or limited, this also applies to the personal liability of the lessor's employees, workers, employees, representatives and vicarious agents.

 

insurance and damage reports

There is liability and comprehensive insurance for the houseboat with a deductible. Insurance premiums are included in the rental price. Damages that would be covered by the insurance policy but were not immediately reported to the insurer are no longer covered by the insurance in accordance with the insurance conditions. The lessee must therefore immediately report any damage occurring during the rental period to the lessor. He is liable for the entire damage of an insufficient or late damage report. There is no insurance cover for damage caused by intent or gross negligence on the part of the tenant or his guests, nor for damage to the personal integrity and/or personal property of the tenant or his guests. The renter is fully liable for all damages, unless these are covered by insurance.

 

Peculiarities of a houseboat

Depending on the weather, there may be restrictions - unlike in a holiday apartment. This can occur in particular due to low or high water. As a rule, this has no effect on the usability of the houseboat. However, there may be restrictions on access. For this reason, there is no accessibility here. At the beginning of the season or at the end of the season, there may be restrictions on rentals due to the weather (frost), so that rentals are not possible. The lessor is only liable for the reimbursement of the rental price. Demands going beyond this cannot be made.

 

Tenant's Obligations

During the rental period, the renter must behave like a proper owner of the boat. He is also responsible for the behavior of his guests or fellow tenants on board. The renter must protect the boat and all accessories from damage and destruction and refrain from any impairments. It is not permitted to make any changes to the boat or equipment.
If the safety of the boat requires it during the rental period, the lessee is obliged to have the necessary repairs carried out by the lessor and to replace any lost items. In any case, a telephone agreement must be reached with the landlord or the commissioned service provider.

• The tenant undertakes

  • that houseboat not under rent,

  • not to smoke in closed areas of the houseboat,

  • not to take animals on board,

  • to treat the houseboat and the furnishings with care.

A special cleaning for smoking in the house or taking animals with you (also temporarily) will be charged with 250€. The repair of a blockage caused by improper toilet use
will be charged at least €180 incl. VAT plus travel expenses. Furthermore, the tenant or his guests must observe the berth regulations of the respective port or berth operator.

 

Other Provisions and Jurisdiction

German law applies to all disputes arising from the rental agreement. Place of jurisdiction is Oldenburg in Holstein. Subsidiary agreements must be in writing. If parts of the contract are restricted or canceled in whole or in part by statutory provisions, the remaining parts of the contract shall remain valid.