General Terms and Conditions of Business with Customer Information
General Terms and Conditions of Business with Customer Information
1. General points and scope of application
1.1. The following General Terms and Conditions of Business (hereinafter referred to as “GTCB”) of ATG Alster-Touristik GmbH, represented by its Managing Director Dr. Tobias Haack, Anleger Jungfernstieg, 20354 Hamburg, Tel.: +49 (0) 40 – 357424-0, Fax: +49 (0) 40 – 353265, Email: email@example.com, 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 as “Parties”) with regard to the services set out on the website of ATG.
1.2. These GTCB apply in respect of both consumers and entrepreneurs unless a differentiation is made in the relevant clause. According to sec. 13 of the BGB (German Civil Code) a consumer is every natural person who enters into a legal transaction for purposes that are predominantly outside his or her commercial or independent professional activities. According to sec. 14 of the BGB (German Civil Code) an entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its commercial or independent professional activities.
1.3. Entrepreneurs within the meaning of these GTCB also include public authorities, corporations, institutes, foundations, legal entities of public law or public utility funds acting exclusively in a private law capacity upon contractual conclusion.
1.4. The GTCB of ATG apply exclusively. If the Customer uses contrary or supplementary general terms and conditions of business, their application is hereby rejected; they only become a component of the contract if ATG has expressly approved the provisions of the Customer.
1.5. For entrepreneurs the following also applies: Unless otherwise agreed between the Parties these GTCB also apply to the Customer in the version valid at the time of commissioning by the Customer or in any case in the latest version notified to the Customer in text form as a framework agreement also for future contracts of a similar nature, without ATG having to refer to them against specifically in each individual case.
2. Contractual object and services
2.1. ATG provides services concerned with the organisation and implementation of regular shipping services, boat tours and tourist trips, events and boat rentals (known as “charters”) (hereinafter referred to as “Services”).
2.2. ATG offers scheduled regular shipping services, boat tours and tourist trips exclusively on pre-arranged routes with a fixed timetable. If additional tourist information is provided, this is done exclusively in German perhaps with the additional free provision of foreign language audio guides. ATG is not obliged to operate regular shipping services, boat tours or tourist trips in other foreign languages.
2.3. For other events on the water ATG is never itself the organiser of the events offered, unless otherwise agreed between the Parties. Thus, the implementation, organisation and content of the relevant event is the responsibility of the organiser. Contractual relations with regard to attendance of the relevant event are created directly between the Customer and the organiser. With regard to organisation of the events the statutory provisions apply exclusively in relations between the Customer and the organiser and any deviating general terms and conditions of business and/or cancellation conditions of the organiser.
2.4. Boat rentals by ATG for the implementation of various events on the water (weddings, corporate events, birthdays, etc.) include a skipper. In all cases ATG retains the right to select the vessel and staff. The routes requested by the Customer are fulfilled exclusively taking account of the statutory provisions. In the case of acts of God in line with clauses 14.2 to 14.4 the route planned with the boat rental will be completed in an abbreviated form or exclusively in dock. The standard rental period and the different times at weekends or on public holidays valid at the headquarters of ATG can be found on the ATG website under the following link: https://alstertouristik.de/schiffscharter/.
2.5. The catering services during a boat trip or tourist tour, another event on the water or a boat rental are always provided by ATG during performance of Services unless otherwise agreed between the Parties. Catering provided by Customers themselves or by third parties commissioned by Customers requires the prior written consent of ATG. In this case the Customers themselves are responsible for reequipping, cleaning and restoring the place of service performance to its original condition. ATG retains the right to make provision of the place of service performance outside the agreed service period for reequipping, cleaning and restoration of the original condition dependent upon payment of an additional fee. This applies in particular in the case of civil wedding ceremonies.
2.6. For contracts regarding provision of monetary or trip vouchers (hereinafter referred to as “Gift Vouchers”) these GTCB apply correspondingly, unless in these GTCB some other agreement is expressly concluded or unless otherwise agreed between the Parties.
2.7. For contracts regarding provision of offer vouchers these GTCB apply correspondingly, unless in these GTCB some other agreement is expressly concluded or unless otherwise agreed between the Parties.
2.8. The actual service obligation, the content and scope of the Services to be performed by ATG are determined exclusively on the basis of the content of the description of the Services published on the website subject to all the notices and explanations contained therein.
2.9. ATG is not obliged to perform the Services in person. It is entitled to appoint third parties as subcontractors to provide the agreed Services. Moreover ATG may make use of one or several vicarious agents to fulfil the contract. The Customer has no right to select a specific staff member or skipper for the selected Services, unless otherwise indicated in the service descriptions on the ATG website.
3. Conduct of Customers, transport of animals and objects and failure to reach the minimum number of participants
3.1. Customers are obliged to follow all safety instructions of ATG. In particular, Customers may not
- open door autonomously during performance of Services;
- throw objects from the vessels or allow them to protrude from vessels;
- jump on or off a moving vessel;
- enter a vessel deemed occupied;
- block the usability of operating facilities, corridors or entrances and exits with large objects;
- leave minors unsupervised;
- affix advertising material so as to be visible on the outside.
In all other respects the rules of the relevant place of performance apply.
3.2. Customers are obliged to be considerate of one another and observe the customs and usages of the place of performance. Customers who represent a risk to safety or order or to other Customers are excluded from the Services.
3.3. In the case that vessels or operating equipment are soiled, the costs of cleaning, including VAT, will be invoiced. Customers are entitled to prove that ATG suffered no or minimal damage.
3.4. The Customer is also not permitted to use the Services of ATG under the influence of medications, alcohol, addictive substances or drugs, nor in the case of infectious diseases which could impair the Customer’s reaction time and physical well-being.
3.5. Only the person named in the booking confirmation is entitled to use the Services of ATG. 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 are liable as joint and several debtors in accordance with section 426 of the BGB (German Civil Code) for all claims arising out of the contract, the fees and any additional costs arising due to the entry of the third party.
3.7. Transportation of animals and objects is undertaken exclusively subject to the explicit prior permission of ATG, provided space is available and the statutory provisions permit this. Objects must be packed so as to be safe for transport, if this is necessary in the individual case, and bear an identifiable label. ATG is not liable for damage to objects which occurs as a result of inadequate or lack of packaging or otherwise improper loading by the Customer. Furthermore, ATG assumes no duties of custodial care or storage.
3.8. ATG is entitled to withdraw from the contract if the minimum number of participants stated on the website or in a booking confirmation is not achieved. ATG must declare its withdrawal to the Customer in written or text form (by letter or email) at the latest seven (7) days before the beginning of the event. Should it already be clear at an earlier point in time that the minimum number of participants cannot be reached, ATG shall immediately exert its right of withdrawal. The Customer is reimbursed the amount paid immediately, unless the Customer exerts their right to book an event at least equivalent from the range offered by ATG. The Customer must assert their claim against ATG for an equivalent alternative event immediately after receipt of the withdrawal notice from ATG. The Customer has no right to compensation.
4. Contractual conclusion
4.1. The presentation and advertising of the Services on the website and in the business premises of ATG do not represent a binding offer on the part of ATG to conclude a contract, but rather serve to facilitate the issue of a binding offer to conclude a contract by the Customer.
4.2. A contract in respect of the Services and/or tickets of ATG presented and advertised in the business premises can be concluded by the Parties in the simultaneous presence of both contracting parties.
4.3. The Customer can also make an initially non-binding offer by completing the integrated online order form and subsequently placing the selected Services in the virtual basket of ATG. The Customer makes a legally binding order (offer) by pressing a button to complete the order process. Before sending the legally binding offer the Customer can view and change the entries made at any time using the usual keyboard and mouse functions.
4.4. ATG will confirm receipt of the order issued by the Customer immediately in text form (by email). Such confirmation does not yet represent a binding acceptance of the order, unless alongside the confirmation of receipt acceptance is also declared.
4.5. A contract is not created until ATG accepts the order (offer) of the Customer 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 email) whereby the decisive date is receipt of the declaration of acceptance by the Customer;
- by commencing performance of the Services ordered and informing the Customer of this; or
- by requesting payment from the Customer after issue of the Customer’s order.
If several of the above-mentioned alternatives apply, the alternative fulfilled first is decisive for contractual conclusion. If ATG does not accept the offer of the Customer within the afore-mentioned time limit, this is deemed refusal of the offer and the Customer is no longer bound by their declaration of intent.
4.6. The date of contractual conclusion between the Parties depends upon the payment method selected by the Customer:
4.6.1. If the payment method “credit card” is selected, the Customer sends their credit card details to ATG following confirmation of the payment instruction. After the Customer is legitimised as the rightful cardholder, ATG requests the credit card company to initiate the payment transaction and declares acceptance of the Customer’s offer already at this point.
4.6.2. If the payment method “PayPal” is selected, settlement is done via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, (hereinafter referred to as “PayPal”) and the PayPal conditions of use given under the links https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full apply. In the order process the Customer is redirected from the website of ATG to the website of PayPal. After entry of their payment data and selection of the desired payment method, the Customer also concurrently confirms a payment instruction to PayPal by clicking the button to complete the order process. After confirmation of the payment instruction ATG instructs PayPal to initiate the payment transaction and accepts the Customer’s offer when the button to complete the order process is pressed.
4.7. ATG saves the contractual provisions including the GTCB upon contractual conclusion taking account of data protection and sends this to the Customer in text form (by email) after the Customer’s order is sent. ATG does not provide any other access to the contractual text.
4.8. Contractual conclusion is done is the German and English language.
4.9. The Customer must ensure that the email address given by them for order settlement is correct, so that emails sent to this address by ATG can be received. In particular, the Customer must ensure if SPAM filters are active that all emails sent by ATG or third parties commissioned with order settlement can be delivered.
5. Right to cancel
5.1. As a consumer the Customer has a fourteen-day cancellation right in the case of distance selling transactions in accordance with the statutory provisions.
5.2. According to sec. 312g (2) no. 9 of the BGB (German Civil Code) there is no right to cancel, unless otherwise agreed, in the case of contracts for the performance of services connected to leisure activities, if the contract stipulates a specific date or period of time for performance. According to this section, the right to cancel is also excluded for contracts whose object is the sale of tickets for fixed date leisure events.
5.3. The right to cancel does not apply for consumers who, at the time of contractual conclusion, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address at the time of contractual conclusion are outside the European Union.
5.4. In all other respects the right to cancel is subject to the regulations set out in detail in the following instructions for cancellation:
Instructions for cancellation
Consumers have a fourteen-day cancellation right.
Right to cancel
You have the right to cancel this contract without giving any reason. The right to cancel is valid for fourteen days
- from the day on which you or a third person appointed by you who is not the carrier, has taken possession of the last of the goods in the case of contracts for the supply of goods;
- from the day of contractual conclusion in the case of contracts for services.
In order to exercise your right to cancel you must inform us (ATG Alster-Touristik GmbH, Anleger Jungfernstieg, 20354 Hamburg, Germany, Tel.: +49 (0) 40 – 357424-0, Fax: +49 (0) 40 – 353265, Email: firstname.lastname@example.org) of your decision to cancel this contract with a clear declaration (e.g. a letter sent by post, a fax or an email). You may use the attached model cancellation form, but this is not obligatory.
To meet the cancellation deadline it is sufficient that you send your notification concerning exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract we must reimburse you all payments received from you, including the costs of delivery (except for the additional costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and not later than fourteen days after the day on which we receive notification of your cancellation of this contract. We will make this reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
In the case of contracts for the delivery of goods, we may withhold reimbursement until we have received the goods back or you have provided proof of having returned the goods, whichever is the earliest.
You are to send the goods back or hand them over to us without undue delay and in any event not later than fourteen days after the day on which you notify us of your cancellation of this contract. The deadline is met if you dispatch the goods before the period of 14 days has expired.
You are to bear the costs of returning the goods.
You are only liable for any diminished value of the goods if this is due to handling other than that which is necessary to establish the quality, characteristics and functioning of the goods.
If, in the case of contracts for services, you requested that services should commence during the cancellation period then you must pay us a reasonable amount equivalent to the proportion of services already performed under this contract up to the time you informed us of the exercise of your cancellation right compared to the overall scope of the services intended under the contract.
Exclusion or premature termination of the cancellation right
There is no cancellation right in the case of contracts for the provision of services in the fields of accommodation for purposes other than residential, transportation of goods, car hire, provision of food and drink and the provision of other services in connection with leisure activities if the contract provides for a specific date or period of performance.
The right to cancel does not apply for consumers who, at the time of contractual conclusion, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address at the time of contractual conclusion are outside the European Union.
The right to cancel expires prematurely if we have completely delivered the services and did not commence delivery of the service until after you have given your express consent and at the same time confirmed your awareness that you would lose your cancellation right upon complete fulfilment of the contract by us.
– End of the cancellation instructions –
Sample cancellation form
If you wish to cancel the contract, please complete this form and return it to us.
ATG Alster-Touristik GmbH
Fax: + 49 (0) 40 – 353265
I/We (*) hereby give notice that I/we (*) cancel my/our (*) contract
concluded for purchase of the following goods (*)/performance of the
following service (*)
Ordered on ______________ (*) / received on _________________ (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is completed on paper)
(*) Delete as appropriate. Enter your name, address, telephone number
and email address here.
6. Redemption of offer vouchers
6.1. Offer vouchers are vouchers issued for a defined validity period (hereinafter referred to as “Offer Vouchers”) which ATG may issue to Customers free of charge in the course of an advertising offer. Offer Vouchers cannot be bought and are redeemable on the website or in the business premises of ATG within the defined period, unless stated otherwise on the Offer Vouchers.
6.2. The Customer can redeem only one Offer Voucher per order/purchase.
6.3. ATG has the option of excluding individual Services from the Offer Voucher, provided there is notice to this effect on the Offer Voucher.
6.4. The Customer must redeem the Offer Voucher before conclusion of the order process/purchase contract in the appropriate entry field on the website or by informing an employee of ATG. After conclusion of the order process/purchaser contract, redemption of the Offer Voucher is no longer possible for that purchase.
6.5. The order value must not be less than the value of the Offer Voucher and must thus correspond at least to the value of the Offer Voucher. ATG is not obliged to reimburse the Customer any residual value from the Offer Voucher.
6.6. If the value of the Offer Voucher is less than the order value/purchase price, the Customer is obliged to pay the outstanding residual price to ATG. For this the Customer can select one of the payment methods offered by ATG on its website or in its business premises.
6.7. There will be no cash payout or interest payments on the value of an Offer Voucher.
6.8. If the Customer exercises their statutory cancellation right there will be no reimbursement of the value of the Offer Voucher, provided the Offer Voucher was issued free of charge.
6.9. The Offer Voucher is transferable to third parties and can be redeemed by the respective holder on the website of ATG or in the business premises with the effect of discharging the obligation. The Offer Voucher cannot be redeemed if the respective holder is not entitled or is legally incompetent or has no right of representation and ATG is aware of this or unaware of this due to gross negligence.
7. Redemption of gift vouchers
7.1. Gift vouchers are vouchers which are purchased via the website or in the business premises of ATG and can only be redeemed there, unless stated otherwise on the gift vouchers.
7.2. Gift vouchers are subject to the standard expiry period in line with section 195 of the BGB (German Civil Code) and lose their validity upon expiry of the third year after the year in which the gift voucher was purchased. Any residual credit owing to the Customer will be credited to the Customer up to the expiry date. After the expiry date any existing residual credit shall expire.
7.3. The Customer must redeem the gift voucher before conclusion of the order process/purchase contract in the appropriate entry field on the website or by informing an employee of ATG. After conclusion of the order process/purchase contract, redemption of the gift voucher is no longer possible for that purchase.
7.4. The Customer may also redeem several gift vouchers per order/purchase.
7.5. A gift voucher may be redeemed exclusively for the provision of services. The purchase of additional gift vouchers through redemption of a gift voucher is not possible.
7.6. If the value of the gift voucher is less than the order value/purchase price, the Customer is obliged to pay the outstanding residual price to ATG. For this the Customer may select one of the payment methods offered by ATG on its website or in its business premises.
7.7. There will be no cash payout or interest payments on the value of a gift voucher.
7.8. The gift voucher is transferable to third parties and can be redeemed by the respective holder on the website of ATG or in the business premises with the effect of discharging the obligation. The gift voucher cannot be redeemed if the respective holder is not entitled or is legally incompetent or has no right of representation and ATG is aware of this or unaware of this due to gross negligence.
8. Payment and payment conditions
8.1. Unless stated otherwise in the offer descriptions of ATG, the prices stated are overall prices. The overall prices stated are in EURO and are gross prices including VAT at the statutory rate valid on the date of invoicing. Unless otherwise agreed between the Parties, the prices for the relevant Services conform to the pricelist of ATG valid on the website or in the business premises at the time of contractual conclusion.
8.2. In the case of regular shipping services, boat tours and tourist trips and in the case of boat hire the price is to be paid before commencement of travel. In the case of boat hire ATG can request a deposit payment of 50 % of the agreed price at the time of booking. The residual amount is payable before performance of the Services within seven (7) days of receipt of a proper and verifiable invoice without deductions, unless otherwise agreed between the Parties. For timely payment, receipt of the invoiced amount in the business account of ATG is decisive. If payment is not received on time ATG can withdraw from the contract and demand compensation. In calculating the price for boat hire, this is based upon utilisation of the vessel from the Jungfernstieg and return to the Jungfernstieg. The overall price depends upon the duration of the trip and the distance travelled. In the case that the scope of Services intended is exceeded the price will increase accordingly, provided ATG is not responsible for such excess.
8.3. If the Customer is a consumer price adjustments are permissible if the period between contractual conclusion and the agreed date for performance of services is more than four (4) months. If thereafter up to provision of the services by ATG there are changes in the material production and/or material and/or product procurement costs, wages and ancillary wage costs, social security contributions and energy costs and the costs of environmental levies and/or currency rules and/or changes in customs duties and/or freight rates and/or public law charges and/or increases in the fees charged by third parties involved in service performance, then ATG is entitled to make reasonable price adjustments corresponding to the cost increases or cost reductions. The Customer is only entitled to withdraw if the price increase exceeds 5 %. This right must be exercised by the Customer immediately after notification of the price increase.
8.4. If the Customer is an entrepreneur, the agreed price applies. If the agreed price at the time of service performance increases due to rises in material production and/or material and/or product procurement costs, wages and ancillary wage costs, social security contributions and energy costs and the costs of environmental levies and/or currency rules and/or changes in customs duties and/or freight rates and/or public law charges and/or increases in the fees charged by third parties involved in service performance, then the higher price applies. If the new price due to ATG’s right to price adjustment exceeds the originally agreed price by 20 % or more, then the Customer has the right to withdraw from the contract. This right must be exercised by the Customer immediately after notification of the price increase.
8.5. The Customer can pay the purchase price on the website of ATG by selecting any of the following payment methods:
8.5.1. If the payment method “credit card” is selected, the Customer transmits their credit card details to ATG following confirmation of the payment instruction. Immediately after the Customer is legitimised as the rightful cardholder, ATG requests the credit card company to initiate the payment transaction and the Customer’s credit card is charged.
8.5.2. If the payment method “PayPal” is selected, settlement is done via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), and the PayPal conditions of use displayed under the link https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax-full apply. In the order process the Customer is redirected from the ATG website to the website of PayPal. If the Customer is not already registered with PayPal registration is first required to be able to pay the invoice via PayPal. After the registration process the Customer must confirm their identity with their access data and confirm the payment instruction to ATG. After confirmation of the payment instruction ATG requests PayPal to initiate payment. The payment via PayPal is made automatically.
8.6. In the business premises of ATG, the Customer can also select the following payment methods in addition to the payment method “credit card” in accordance with clause 8.5.1:
8.6.1. The Customer can also pay the purchase price in “cash“ or by “Girocard” on site in the business premises.
8.6.2. In the case of group trips the Customer can also pay the purchase price using the payment method “purchase on account”. In the case of purchase on account the purchase price is due before service performance. The purchase price is payable within ten (10) days of receipt of invoice without deductions unless otherwise agreed between the Parties. For timely payment the date the invoiced amount is received in the business account of ATG is decisive. ATG retains the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if this order volume is exceeded. In this case ATG is to notify customers of such a payment restriction in the service descriptions in the business premises of ATG.
8.7. For customers who are consumers the statutory provisions on payment default apply.
8.8. For entrepreneurs the following applies: upon expiry of the above-mentioned payment period the Customer is in default of payment. The outstanding payment is subject to interest charges during the default period at the statutory default interest rate applicable at the time. ATG retains the right to claim more extensive default damages. In respect of merchants, ATG’s claim to the commercial interest rate for default interest (sec. 353 HGB [German Commercial Code]) remains unaffected.
8.9. The Customer is only entitled to offset claims if their counterclaims have been legally established or are undisputedly inextricably linked to the principal claim of ATG or have been acknowledged by this latter.
8.10. In respect of entrepreneurs, the following applies: a right of retention by the Customer is excluded unless the counterclaim of the Customer originates from the same contractual relationship and is undisputed or legally established. Assertion of this right requires written notification to ATG.
9. Alteration to Services
9.1. Changes or variations in the Services as regards time, place, skipper and/or content or nature, deviating from the contractually agreed content of the contract, which become necessary after conclusion of the contract and which are not introduced by ATG contrary to the principles of good faith, are only permitted if the changes or variations are not substantial for the Customer.
9.2. ATG must inform the Customer of any change or variation in the Services in line with clause 9.1 immediately after becoming aware of this.
9.3. In the case of a substantial change in the Services the Customer is entitled to withdraw from the contract free of charge or to demand from ATG performance of another Service of comparable value, if ATG is in a position to offer such a Service. The Customer must exercise the above-mentioned right against ATG immediately after the declaration by ATG concerning the change to the Services.
10. Withdrawal by the Customer – cancellations
10.1. The Customer can cancel participation in an event or the boat hire free of charge in the case of clause 10.1 (contractual right of withdrawal). Any cancellation right available to the Customer as a consumer shall not be limited by the following cancellation right regulation.
10.2. In the case of events or boat hires the Customer can cancel the booked event or boat hire up to 29 days before commencement of Services without giving a reason or incurring costs. The Customer must inform ATG of the cancellation in written or text form (e.g. by letter, email or fax) observing the cancellation period. Receipt of the declaration by ATG is decisive for timely cancellation. If the Customer withdraws from the contract ATG can demand reasonable compensation for Services already provided and costs incurred, if the withdrawing customer does not name a substitute person (third party within the meaning of Clause 3.5). In such cases the following cancellation rates apply:
- for cancellations made between 28 and 14 days before commencement of services: 30 % of the price
- for cancellations made between 14 and 7 days before commencement of services: 50 % of the price
- for cancellations made between 6 days and 1 day before commencement of services: 80 % of the price
- for cancellations on the day of service performance and non-appearance: 100 % of the price.
The Customer is entitled to prove that ATG suffered no or less damage.
10.3. In case of cancellation ATG shall reimburse the Customer the price already paid in full or in part – in accordance with the rates given in clause 10.2. Reimbursement of the price is to be made within a period of fourteen (14) days of receipt of the cancellation notice. Unless otherwise agreed between the Parties ATG shall reimburse the Customer the price using the same payment method as the Customer used to book the event or boat hire.
10.4. ATG retains the right to demand a higher specific compensation amount deviating from the above-mentioned cancellation conditions. In this case ATG is obliged to specify in detail the compensation demanded, taking account of costs not incurred and any alternative utilisation of the Services, and to provide evidence.
11. Liability for defects in the boat hire
11.1. ATG guarantees the functionality and operational condition of the vessels provided on a temporary basis. Specifically, the provisions of secs 535 et seq. of the BGB (German Civil Code) apply.
11.2. ATG’s guarantee is excluded if the impairment to the functionality and operational condition is merely insubstantial. Liability without fault on the part of ATG in line with sec. 536a (1) BGB is excluded.
11.3. ATG must be notified immediately of any defects in the vessels provided. In the case of a defect the Customer is not entitled to reduce the price payable autonomously. A claim on the basis of unjust enrichment remains unaffected by this.
11.4. Claims by the Customer to compensation or reimbursement for fruitless expenditure even in the case of defects are valid only to the extent of clause 12 of this contract and are otherwise excluded.
12.1. With regard to the Services performed by ATG, this latter, its legal representatives and its vicarious agents are liable unrestrictedly
- in the case of deliberate acts or gross negligence;
- in the case of deliberate or negligent damage to life, limb or health;
- in the case of a guarantee, to the extent agreed between the Parties;
- to the extent that the German Product Liability Act applies.
12.2. In the case of a violation of essential contractual duties, liability for ordinary negligence is limited to the foreseeable damage typical for this type of contract provided there is no unlimited liability in accordance with clause 12.1. Essential contractual duties are those duties which the contract imposes upon ATG in its very content to achieve the contractual purpose, the fulfilment of which actually facilitates proper implementation of the contract and upon whose fulfilment the Customer is generally entitled to rely (known as cardinal duties).
12.3. In the case of slight negligence liability is limited in its total to the level of the foreseeable damage whose occurrence could typically be expected. In the case of damage to persons and property liability is limited to EUR 100,000,000 (in words: one hundred million Euros) per insurance year.
12.4. In all other respects the liability of ATG is excluded.
13. Data protection
13.2. If and to the extent that ATG processes personal data of the Customer in the course of performing services, the Parties are to conclude prior to the data processing a standard agreement on the processing of data on behalf of in accordance with Article 28 of the General Data Protection Regulation (GDPR). The Customer is entitled to receive information about the personal data stored on him at any time upon request.
14. Termination for behavioural reasons, due to acts of God and coronavirus
14.1. ATG can terminate the contract without observing a time limit if the Customer disturbs the contractual relationship for a sustained period despite a warning from ATG or the skipper or if the Customer behaves contrary to the contract (e.g. particularly in the case of a violation of clause 3) to such an extent that the immediate suspension of the contract is justified. In this case of termination ATG retains the right to the participation price. ATG must however set off the value of the saved expenses and those advantages that ATG obtains due to alternative utilisation of the Services not taken up, including the amounts reimbursed to the Customer by the service providers.
14.2. ATG is not liable for acts of God. Cases of acts of God include all unforeseeable and unavoidable events and events which are outside the sphere of influence of the Parties even if they were foreseeable. These include in particular, but not exclusively, the following events: natural catastrophes such as floods, storm tides, hurricanes, typhoons and lightening strikes and other storms of similar scale, earthquakes, avalanches and landslides, fire, pestilences, pandemics, epidemics and infectious diseases (provided such things are established as such by the WHO or a government ministry or the Robert-Koch Institute establishes a level of risk at least “moderate”), war or war-like conditions, riots, revolutions, military or civil putsches, blockades, public authority or government instructions, cardinal changes in the law, difficulties in obtaining raw materials and materials or supply shortages, sabotage, strikes, unrest, lockouts.
14.3. In the case of events that are acts of God which affect contractual fulfilment, ATG is entitled to interrupt the performance of services depending on the scope and duration of the act of God event and in the case of longer-term delays, to withdraw in part or in full without this enabling the assertion of any compensation claims against ATG. For the period of the justified extension of service provision ATG shall not be in default.
14.4. In the case that an act of God event occurs, the affected Party is obliged to inform the other Party immediately, at the latest however within 14 days of becoming aware, in written or text form (a letter sent by post of an email) of the onset of an event constituting an act of God and the consequences of this on its performance impairment.
14.5. In cases of direct or indirect performance impairment in connection with the coronavirus (COVID-19) or one of its mutations, ATG is entitled to suspend performance of services depending on the scale and duration of the interruption without this constituting default. There is impairment of performance in particular if
- quarantine measures are imposed on the enterprise or large sections of the enterprise of ATG;
- public authority-imposed business closures, lockdowns, travel bans or foreign travel repatriation orders are announced;
- difficulties in obtaining raw materials or materials or supply shortages are caused by measures imposed by pubic authorities;
- a substantial portion of the legal representatives and/or vicarious agents of ATG are in quarantine.
In all other respects clauses 14.1 to 14.4 apply correspondingly.
14.6. Both Parties are obliged to undertake all reasonable measures in their power to mitigate damage.
14.7. Any statutory rights of the Customer remain unaffected.
15. Alternative dispute resolution
15.1. For customers who are consumers the following regulations apply. The EU Commission provides an Internet platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for extrajudicial resolution of disputes arising out of online purchase or service contracts in which a consumer is involved.
15.2. ATG is not obliged and not prepared to participate in dispute resolution proceedings before a consumer / universal arbitration body.
16. Final provisions
16.1. These GTCB and the contractual relationship between the Parties are subject to the law of the Federal Republic of Germany under exclusion of international uniform regulations, in particular the UN Convention on the International Sale of Goods. For consumers this choice of law only applies to the extent that protection granted under compulsory legal provisions of the state in which the consumer has his habitual residence is withdrawn.
16.2. If the Customer is a merchant within the meaning of the HGB (German Commercial Code), an entrepreneur within the meaning of sec. 14 of the BGB (German Civil Code), a legal entity of public law or a public utility fund, then the sole – also international – place of jurisdiction for all disputes arising directly or indirectly out of the contractual relationship is the business seat of ATG in Hamburg. ATG is in all cases also entitled to file a claim at the place of fulfilment of the performance obligation under these GTCB or under an individual agreement that takes precedence or at the general place of jurisdiction of the Customer. Statutory provisions that take precedence, particularly regarding exclusive responsibilities, remain unaffected.
Valid from: 11.01.2022