GTC

1. general and scope of application

1.1 The following General Terms and Conditions (hereinafter "GTC") of ATG Alster-Touristik GmbH, represented by the managing directors Tanja Cohrt and Martin Lobmeyer, Anleger Jungfernstieg, 20354 Hamburg, Tel.: +49 (0) 40 - 357424-0, Fax: +49 (0) 40 - 353265, E-Mail: info@alstertouristik.de, Internet: https://alstertouristik.de/ (hereinafter referred to as "ATG"), apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "customer", jointly also referred to as "parties") with regard to the services presented on the ATG website.

1.2 These GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. Pursuant to Section 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. Pursuant to Section 14 BGB, 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 Entrepreneurs within the meaning of these GTC are also authorities, corporations, institutions, foundations, legal entities under public law or a special fund under public law that act exclusively under private law when concluding the contract.

1.4 The General Terms and Conditions of ATG apply exclusively. If the customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if ATG has expressly agreed to the customer's obligations.

1.5 For entrepreneurs, the following shall apply in addition: Unless otherwise agreed between the parties, these GTC shall also apply to the customer in the version valid at the time of the customer's order or in any case in the version last communicated to the customer in text form as a framework agreement for similar future contracts, without ATG having to refer to them again in each individual case.

2 Subject matter of the contract and services

2.1 ATG provides services in the area of the organization and execution of scheduled, ship and tourist trips, events and ship rental (so-called "charter") (hereinafter "services").

2.2 ATG offers scheduled, boat and tourist trips exclusively with pre-announced, timed itineraries. If additional tourist information is provided, this is done exclusively in German, if necessary with the additional free use of foreign-language audio guides. ATG is not obliged to operate scheduled, boat and tourist trips in other foreign languages.

2.3 For other events on the water, ATG is generally not itself the organizer of the events offered, unless otherwise agreed between the parties. The implementation, course and content of the respective event are therefore the responsibility of the organizer. Contractual relationships with regard to the attendance of the respective event are established directly between the customer and the organizer. With regard to the implementation of the events, the statutory provisions shall apply exclusively in the relationship between the customer and the organizer as well as any general terms and conditions and/or cancellation conditions of the organizer that deviate from these.

2.4 ATG hires out boats for various events on the water (weddings, company parties, birthdays, etc.) in addition to the skipper. ATG reserves the right to choose the boat and personnel in each case. The routes requested by the customer will be adhered to exclusively in accordance with the statutory provisions. In the event of force majeure within the meaning of sections 14.2. to 14.4., the itinerary planned with the ship rental company will take place in a reduced state or exclusively on the quay. The general rental period as well as deviating times on weekends or general public holidays recognized by the state at ATG's registered office can be viewed on ATG's website under the link https://alstertouristik.de/schiffscharter/.

2.5 The catering during a boat or tourist trip, another event on the water or a boat rental is generally provided by ATG during the provision of the service, unless otherwise agreed between the parties. Catering by the customer himself or a third party commissioned by him requires the prior written consent of ATG. In this case, the customer itself is responsible for equipping, cleaning and restoring the original condition of the place of performance. ATG reserves the right to make the provision of the service location for equipping, clearing and restoring the original condition of the service location outside the agreed service time dependent on an additional provision fee. This applies in particular in the case of civil marriages.

2.6 These GTC apply accordingly to contracts for the delivery of value and travel vouchers (hereinafter "gift vouchers"), unless otherwise expressly regulated in these GTC or otherwise agreed between the parties.

2.7 These GTC apply accordingly to contracts for the delivery of promotional vouchers, unless otherwise expressly regulated in these GTC or otherwise agreed between the parties.

2.8 The specific performance obligation, content and scope of the services to be provided by ATG shall be determined exclusively by the content of the service descriptions available on the website in accordance with all information and explanations contained therein.

2.9 ATG is not obliged to provide the services in person. It is entitled to engage third parties as subcontractors for the provision of the object of performance. Furthermore, ATG may use one or more vicarious agents to fulfill the contract. The customer has no claim to the selection of specific personnel or skippers for the selected services, unless otherwise stated in the service description on ATG's website.

3. customer behavior, transport of animals and property and failure to reach the minimum number of participants

3.1 The customer is obliged to follow all of ATG's safety instructions. In particular, the customer is prohibited from

- to open doors during the provision of services without authorization;
- to throw objects out of the vehicles or allow them to protrude;
- to jump on or off during a journey;
- to enter a vehicle that is considered occupied;
- to impair the usability of the operating facilities, passageways and entrances and exits with bulky objects;
- to leave minors unattended;
- to display visible advertising on the outside.
In all other respects, the house rules of the respective place of performance shall apply.

3.2 Customers are obliged to show mutual consideration and to observe the customs and traditions of the place of performance. Customers who pose a risk to safety or order or to other customers are excluded from the provision of services.

3.3 In the event of contamination of vehicles or operating facilities, the costs for cleaning including VAT shall be invoiced. The customer is free to prove that ATG has incurred no or less damage.

3.4 The customer is also prohibited from using ATG's services while under the influence of medication, alcohol, addictive substances or drugs or in the case of infectious diseases that may impair the customer's ability to react and physical condition.

3.5 Only the person named in the booking confirmation is entitled to use the services of ATG. A transfer of the contract to a third party is only possible with the prior consent of ATG.

3.6 If a third party enters into the contract between the customer and ATG with the prior consent of ATG, the third party and the customer shall be liable as joint and several debtors pursuant to Section 426 BGB for all claims arising from the contract, in particular for the remuneration and any additional costs arising from the entry of the third party.

3.7 The transportation of animals and objects shall only take place with the prior express consent of ATG, provided that space is available and the statutory provisions permit this. If required in individual cases, items must be packed securely for transportation and provided with an assignable marking. ATG is not liable for damage to goods caused by defective or missing packaging or other improper loading by the customer. Furthermore, ATG does not assume any duty of care and custody.

3.8 ATG is entitled to withdraw from the contract if a minimum number of participants specified on the website or in a booking confirmation is not reached. ATG must declare its withdrawal to the customer in writing or text form (by letter or email) no later than seven (7) days before the start of the event. If it is already apparent at an earlier point in time that the minimum number of participants cannot be reached, ATG will immediately exercise its right of withdrawal. The customer will be refunded the remuneration paid immediately if he does not exercise his right to book an event of at least equal value from ATG's offer. The customer must assert his claim for an equivalent other event against ATG immediately after receipt of ATG's declaration of withdrawal. The customer is not entitled to any claims for damages.

4. conclusion of contract

4.1 The presentation and advertising of the services on the website and in the business premises of ATG do not constitute a binding offer on the part of ATG to conclude a contract, but serve to submit a binding offer for the conclusion of a contract by the customer.

4.2 The parties may conclude a contract with regard to the services and/or tickets of ATG displayed and advertised in the business premises in the simultaneous presence of both contracting parties.

4.3 The customer can also initially submit a non-binding offer by filling out the integrated online order form and then placing the selected services in ATG's virtual shopping cart. The customer submits a legally binding order (offer) via a button that concludes the order process. Before submitting his legally binding order, the customer can view and change his entries at any time using the usual keyboard and mouse functions.

4.4 ATG will immediately confirm receipt of the customer's order in text form (by e-mail). Such confirmation does not constitute a binding acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt.

4.5 A contract is only concluded when ATG accepts the customer's order (offer) within five (5) days,

- by sending the customer a declaration of acceptance (e.g. order confirmation) in written or text form (a letter sent by post or by e-mail) and the decisive point in time is the receipt of the declaration of acceptance by the customer;
- by ATG commencing the provision of the ordered services and notifying the customer of this; or
- by ATG requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the alternative that occurred first is decisive for the conclusion of the contract. If ATG does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer and the customer is no longer bound by his declaration of intent.

4.6 The time of conclusion of the contract between the parties depends on the payment method chosen by the customer:

4.6.1 If the payment method "credit card" is selected, the customer shall transmit his credit card details to ATG after confirming the payment instruction. After legitimizing the customer as the legitimate cardholder, ATG requests the credit card company to initiate the payment transaction and already declares its acceptance of the customer's offer.

4.6.2 If the payment method "PayPal" is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, which can be viewed under the links https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. During the ordering process, the customer is redirected from the ATG website to the PayPal website. After entering his payment details and selecting the desired payment method, the customer also confirms a payment instruction to PayPal by clicking the button that concludes the order process. After confirming the payment instruction, ATG requests PayPal to initiate the payment transaction and accepts the customer's offer if the button concluding the order process is clicked.

4.7 ATG stores the contractual provisions, including the GTC, upon conclusion of the contract in compliance with data protection regulations and sends them to the customer in text form (by e-mail) after the customer has sent the order. ATG will not make the text of the contract accessible beyond this.

4.8 The contract shall be concluded in German and English.

4.9 The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by ATG can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by ATG or by third parties commissioned with order processing can be delivered.

5. right of withdrawal

5.1 As a consumer, the customer is entitled to a fourteen-day right of withdrawal in the case of distance selling contracts in accordance with the statutory provisions.

5.2 Pursuant to Section 312g (2) No. 9 BGB, unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services. Accordingly, a right of withdrawal is also excluded for contracts that involve the sale of tickets for scheduled leisure events.

5.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

5.4 In all other respects, the provisions set out in detail in the following withdrawal policy shall apply to the right of withdrawal:

Cancellation policy

Consumers have a fourteen-day right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract without giving any reason. The withdrawal period is fourteen days
- from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods in the case of contracts for the delivery of goods;
- from the day of conclusion of the contract in the case of contracts for services.
To exercise the right to cancel, you must inform us (ATG Alster-Touristik GmbH, Anleger Jungfernstieg, 20354 Hamburg, Deutschland, Tel.: +49 (0) 40 - 357424-0, Fax: +49 (0) 40 - 353265, E-Mail: info@alstertouristik.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

In the case of contracts for the delivery of goods, we may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

If, in the case of contracts for services, you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities if the contract provides for a specific date or period for the provision of the service.

The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

The right of revocation expires prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation upon complete fulfillment of the contract by us.

- End of the withdrawal policy -

Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and send it back to us.
To

ATG Alster-Touristik GmbH
Anleger Jungfernstieg
20354 Hamburg
Germany
Fax: + 49 (0) 40 - 353265
E-mail: info@alstertouristik.de

I/we (*) hereby revoke the contract concluded by me/us (*)
for the purchase of the following goods (*)/the provision of the following service (*) _________________________________________________________

Ordered on ______________ (*) / received on _________________ (*)

_________________________________________________________
Name of the consumer(s)
_________________________________________________________
Address of the consumer(s)
_________________________________________________________
Signature of the consumer(s) (only for notification on paper)
____________________________
Date
(*) Delete as appropriate. Insert your name, address, telephone number and e-mail address here.

6. redemption of promotional vouchers

6.1 Promotional vouchers are vouchers issued for a specific period of validity (hereinafter "Promotional Voucher") that ATG may issue to the customer free of charge as part of a promotional campaign. Promotional vouchers cannot be purchased and redeemed on the website or in ATG's business premises during the specified period, unless otherwise stated in the promotional voucher.

6.2 The customer can only redeem one promotional voucher per order/purchase.

6.3 ATG has the option to exclude individual services from the voucher promotion, provided that a corresponding note is made on the promotional voucher.

6.4 The customer must redeem the promotional voucher before completing the order process/purchase contract in the input field provided for this purpose via the website or vis-à-vis an ATG employee. Once the order process/purchase contract has been completed, it is no longer possible to redeem the promotional voucher for the purchase made.

6.5 The order value may not be less than the amount of the promotional voucher and must therefore be at least equal to the amount of the promotional voucher. ATG is not obliged to refund any remaining balance from the promotional voucher to the customer.

6.6 If the amount of the promotional voucher is less than the order value/purchase amount, the customer must refund the outstanding balance to ATG. For this purpose, the customer can select a payment method offered by ATG on the website or in the business premises.

6.7 No cash payment or interest will be made on the value of a promotional voucher.

6.8 If the customer makes use of his statutory right of withdrawal, the value of the promotional voucher will not be refunded if the promotional voucher was issued free of charge.

6.9 The promotional voucher is transferable to third parties and can be redeemed by the respective holder on the ATG website or in business premises with debt-discharging effect. The promotional voucher cannot be redeemed if the respective holder is not authorized or legally incapable or lacks the power of representation and ATG has knowledge or grossly negligent ignorance of this.

7. redemption of gift vouchers

7.1 Gift vouchers are vouchers that can be purchased for a fee via the website or in ATG's business premises and can only be redeemed there, unless otherwise stated on the gift voucher.

7.2 Gift vouchers are subject to the regular limitation period in accordance with § 195 BGB and lose their validity at the end of the third year after the year in which the gift voucher was purchased. Any remaining credit to which the customer may be entitled will be credited until the expiration date. After the expiration date, any remaining credit balance expires.

7.3 The customer must redeem the gift voucher before completing the order process/purchase contract in the input field provided for this purpose via the website or vis-à-vis an ATG employee. Once the order process/purchase contract has been completed, it is no longer possible to redeem the gift voucher for the purchase made.

7.4 The customer can also redeem several gift vouchers per order/purchase.

7.5 The redemption of a gift voucher is intended exclusively for the provision of services. It is not possible to purchase additional gift vouchers by redeeming a gift voucher.

7.6 If the amount of the gift voucher is less than the order value/purchase amount, the customer must reimburse the outstanding balance to ATG. For this purpose, the customer may select a payment method offered by ATG on the website or in the business premises.

7.7 Cash payment and interest on the value of a gift voucher will not be made.

7.8 The gift voucher is transferable to third parties and can be redeemed by the respective holder on the ATG website or in the business premises with debt-discharging effect. The gift voucher cannot be redeemed if the respective holder is not authorized or legally incapable or lacks the power of representation and ATG has knowledge or grossly negligent ignorance of this.

8. remuneration and terms of payment

8.1 Unless otherwise stated in ATG's offer descriptions, the prices quoted are total prices. The total prices quoted are in EURO and are gross prices including the statutory VAT applicable on the date of invoicing. Unless otherwise agreed between the parties, the prices for the respective service are based on the ATG price list valid at the time of conclusion of the contract on the website or in the business premises in the respective description of the offer.

8.2 In the case of scheduled, boat and tourist trips and boat hire, the price must be paid before the start of the trip. In the case of ship rental, ATG may demand a deposit of 50% of the agreed price in the event of advance booking. The remaining amount is due for payment within seven (7) days of receipt of a proper and verifiable invoice, unless otherwise agreed between the parties. The receipt of the invoice amount in ATG's business account is decisive for the timeliness of payments. If payment is not received on time, ATG may withdraw from the contract and demand compensation. The calculation of the price for the ship rental is based on the ship's operation from Jungfernstieg and return to Jungfernstieg. The total price is based on the duration and distance of the trip. If the planned scope of services is exceeded, the price will be increased accordingly, unless ATG is responsible for the overrun.

8.3 If the customer is a consumer, price changes are permitted if there are more than four (4) months between the conclusion of the contract and the agreed date of performance. If material production and/or material and/or product procurement costs, wage and ancillary wage costs, social security contributions as well as energy costs and costs due to environmental regulations, and/or currency regulations and/or changes in customs duties, and/or freight rates and/or public charges and/or due to an increase in the fees charged by third parties involved in the provision of services change thereafter until the performance of the services by ATG, ATG is entitled to change the price appropriately in accordance with the cost increases or cost reductions. The customer is only entitled to withdraw from the contract if the price increase is more than 5%. This right must be asserted by the customer immediately after notification of the increased price.

8.4 If the customer is an entrepreneur, the agreed price shall apply. If the agreed price has increased at the time of performance due to an increase in material production and/or material and/or product procurement costs, wage and ancillary wage costs, social security contributions as well as energy costs and costs due to environmental regulations, and/or currency regulations and/or changes in customs duties, and/or freight rates and/or public charges and/or due to an increase in the fees charged by third parties involved in the performance of the service, the higher price shall apply. If the new price is 20% or more higher than the originally agreed price due to ATG's right to adjust the price, the customer has the right to withdraw from the contract. This right must be asserted by the customer immediately after notification of the increased price.

8.5 The customer can pay the purchase price on the ATG website using one of the following payment methods:

8.5.1 If the payment method "credit card" is selected, the customer shall transmit his credit card details to ATG after confirming the payment instruction. Immediately after legitimization as the legitimate cardholder, ATG will request the customer's credit card company to initiate the payment transaction and the customer's credit card will be charged.

8.5.2 If the payment method "PayPal" is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, which can be viewed at the link https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. During the ordering process, the customer is redirected from the ATG website to the PayPal website. If the customer is not already registered with PayPal, registration is required in advance in order to be able to pay the invoice amount via PayPal. After the registration process, the customer must legitimize himself with his access data and confirm the payment order to ATG. After confirming the payment instruction, ATG will request PayPal to initiate the payment. Payment via PayPal is made automatically.

8.6 In addition to the payment method "credit card" in accordance with Section 8.5.1, the customer may also pay the purchase price in ATG's business premises using the following payment methods at his discretion:

8.6.1 The customer can also pay the purchase price in "cash" or by "Girocard" at the business premises on site.

8.6.2 In the case of group tours, the purchase price can also be paid using the "purchase on account" payment method. In the case of purchase on account, the purchase price is due before the service is provided. The purchase price is due for payment without deduction within ten (10) days of receipt of the invoice, unless otherwise agreed between the parties. The receipt of the invoice amount in ATG's business account is decisive for the timeliness of payment. ATG reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, ATG will inform the customer of a corresponding payment restriction in its service descriptions in ATG's business premises.

8.7 For customers who are consumers, the statutory provisions on default of payment shall apply.

8.8 The following shall apply to entrepreneurs: The customer shall be in default upon expiry of the above payment deadline. During the period of default, interest shall be charged on the outstanding remuneration at the applicable statutory default interest rate. ATG reserves the right to claim further damages caused by default. ATG's claim to commercial maturity interest (§ 353 HGB) against merchants remains unaffected.

8.9 The customer shall only be entitled to set-off rights if its counterclaims have been legally established or are undisputed and are mutually linked to ATG's main claim or have been recognized by ATG.

8.10. For entrepreneurs, a right of retention on the part of the customer is also excluded unless the customer's counterclaim arises from the same contractual relationship and is undisputed or has been legally established. Written notification to ATG is required to assert this right.

9. change in performance

9.1 Changes or deviations in the services with regard to time, place, skipper and/or content or type which deviate from the contractually agreed content of the contract, which become necessary after conclusion of the contract and which were not brought about by ATG in bad faith, are only permitted insofar as the changes or deviations are not significant for the customer.

9.2 ATG must notify the customer of any change or deviation in the services in accordance with Section 9.1. immediately after becoming aware of it.

9.3 In the event of a significant change to the service, the customer is entitled to withdraw from the contract free of charge or to demand the provision of another, equivalent service from ATG if ATG is in a position to offer such a service. The customer must assert the aforementioned rights against ATG immediately after ATG's declaration of the change to the services.

10 Withdrawal of the customer - Cancellations

10.1 The customer may cancel participation in an event or ship rental free of charge in the case of clause 10.2 (contractual right of withdrawal). Any statutory right of withdrawal to which the customer may be entitled as a consumer is not restricted by the right of withdrawal regulated below.

10.2 In the case of events or ship rentals, the customer may cancel the booked event or ship rental up to 29 days before the start of the service without stating reasons and incurring costs. The customer must notify ATG in writing or in text form (e.g. by letter, e-mail or fax) of the cancellation, observing the cancellation deadline. The date of receipt of the declaration by ATG shall be decisive for the timeliness of the cancellation. If the customer withdraws from the contract, ATG may demand reasonable compensation for services already provided and expenses incurred, unless the withdrawing customer names a replacement person (third party within the meaning of section 3.5.). In this respect, the following cancellation scale applies:

- for cancellations between the 28th day and 14th day before the start of the service: 30 % of the remuneration
- for cancellations between the 14th day and 7th day before the start of the service: 50 % of the remuneration
- for cancellations between the 6th day and 1st day before the start of the service: 80 % of the remuneration
- for cancellations on the day of the service and in the event of no-show: 100 % of the remuneration.
The customer is free to prove that ATG has incurred no or less damage.

10.3 In the event of cancellation, ATG will reimburse the customer the remuneration already paid in full or - depending on the scale specified in Section 10.2 - in part. The reimbursement of the remuneration shall be made within a period of fourteen (14) days from receipt of the notice of cancellation. Unless otherwise agreed between the parties, ATG will reimburse the customer with the same means of payment that the customer used to book the event or the boat rental.

10.4 ATG reserves the right to demand higher, specific compensation in deviation from the above cancellation conditions. In this case, ATG is obliged to quantify and substantiate the compensation claimed, taking into account the expenses saved and any other use of the service.

11 Liability for defects in ship rental

11.1 ATG guarantees the functionality and operational readiness of the temporarily leased vessels. In particular, §§ 535 et seq. BGB apply in particular.
11.2. ATG's warranty is excluded if the functional and operational readiness is only insignificantly impaired. ATG's strict liability pursuant to Section 536a (1) BGB is excluded.

11.3 Defects in the vessels provided must be reported to ATG immediately. In the event of a defect, the customer is not entitled to independently reduce any remuneration due. This does not affect a claim arising from the right to enrichment.

11.4 Claims of the customer for damages or compensation for futile expenses shall only exist in accordance with Section 12 of this contract, even in the case of defects, and are otherwise excluded.

12. liability

12.1 With regard to the services provided by ATG, ATG, its legal representatives and vicarious agents shall be liable without limitation
- in the event of intent or gross negligence;
- in the event of intentional or negligent injury to life, limb or health;
- in the event of warranty promises, insofar as this has been agreed between the parties;
- insofar as the scope of application of the Product Liability Act is opened.

12.2 In the event of a breach of material contractual obligations, liability for simple negligence shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with Section 12.1. Material contractual obligations are those obligations which the contract imposes on ATG according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligations).

12.3 In the event of slight negligence, liability is limited to the amount of foreseeable damage that can typically be expected to occur. In the event of personal injury and property damage, liability is limited to EUR 100,000,000 (in words: one hundred million euros) per insurance year.

12.4 Any further liability on the part of ATG is excluded.

13. data protection

13.1 ATG collects and stores the customer's data required for business transactions. When processing the customer's personal data, ATG observes the statutory provisions. ATG is entitled to transmit this data to third parties commissioned with the execution of the contract, insofar as this is necessary for the fulfillment of the contract. Further details can be found in ATG's privacy policy, which is available online.

13.2 If and insofar as ATG processes personal data of the customer on behalf of the customer in the context of the provision of services, the parties shall conclude a standard market agreement on the processing of data on behalf of the customer in accordance with Art. 28 GDPR before the start of processing. The customer shall receive information about the personal data stored about him at any time upon request.

14. termination for reasons of conduct, force majeure and corona

14.1 ATG may terminate the contract without notice if the customer persistently disrupts the contractual relationship despite a warning from ATG or the skipper or if the customer behaves in such a way contrary to the contract (e.g. in particular in the event of a breach of Section 3) that the immediate termination of the contract is justified. In this case of termination, ATG retains the claim to the participation fee. However, ATG must take into account the value of the expenses saved as well as the benefits that ATG obtains from any other use of the service not utilized, including the contributions reimbursed to the customer by the service providers.

14.2 ATG shall not be liable in cases of force majeure. Cases of force majeure include all unforeseeable and unavoidable events as well as events which, even if foreseeable, are outside the sphere of influence of the parties. These include in particular, but are not limited to, the following events Natural disasters such as floods, storm surges, hurricanes, typhoons and lightning and other storms of similar magnitude, earthquakes, avalanches and landslides, fire, epidemics, pandemics, epidemics and infectious diseases (insofar as such has been declared by the WHO or a ministry or a risk level of at least "moderate" has been determined by the Robert Koch Institute), war or warlike conditions, riots, revolution, military or civilian coup, insurrection, blockades, official and government orders, cardinal changes in the law, difficulties in procuring raw materials and materials, or supply bottlenecks, sabotage, strikes, riots, lockouts.

14.3 In the event of force majeure affecting the performance of the contract, ATG is entitled to interrupt the provision of services depending on the scope and duration of the force majeure event and, in the event of longer-term delays, to withdraw from the contract in whole or in part without any claims for damages being asserted against ATG. ATG shall not be in default for the period of the justified extension of the service provision.

14.4 In the event of the occurrence of a force majeure event, the affected party is obliged to inform the other party in writing or text form (a letter sent by post or by e-mail) of the occurrence of the force majeure event and the consequences of its impairment of performance immediately, but at the latest within 14 days of becoming aware of it.

14.5 ATG shall also be liable in cases of direct or indirect

In the event of an impairment of performance in connection with the coronavirus (COVID-19) or one of its mutations, the company is entitled to suspend the provision of services, depending on the scope and duration of the interruption, without being in default. Service impairments exist in particular if

- quarantine measures are imposed on the company or significant parts of the company of ATG;
- officially ordered plant closures, curfews, travel bans or foreign return bans are imposed;
- raw material and material procurement difficulties or supply bottlenecks are caused by officially ordered measures;
- a significant part of the legal representatives and/or vicarious agents of ATG are in quarantine.

Otherwise, sections 14.1. to 14.4. shall apply accordingly.

14.6 Both parties are obliged to do everything possible and reasonable to minimize the damage.

14.7 Any statutory claims of the customer shall remain unaffected.

15 Alternative dispute resolution

15.1 For customers who are consumers, the following regulations apply. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

15.2 ATG is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board / universal arbitration board.

16. final provisions

16.1 These GTC and the contractual relationship between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

16.2 If the customer is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of Section 14 BGB, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be ATG's place of business in Hamburg. In all cases, ATG is also entitled to bring an action at the place of performance of the performance obligation in accordance with these GTC or an overriding individual agreement or at the customer's general place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.

Status: 11.01.2022