Terms and Conditions
Standard terms and conditions for the ship hire and travel service provided by ATG Alster-Touristik GmbH
1. Conclusion of a contract
By booking a tour via ship or to hire a ship, the customer of ATG offers the binding conclusion of a contract in line with the terms and conditions provided below. Booking can take place in an informal way. This contract has been accepted by ATG, the declaration of which must be provided within a reasonable period of time and does not require a formal manner.
2. Fees and payment period
a) For the tour service, the fee is to be paid before being admitted to the tour. For pre-registrations, ATG requires a payment in the amount of 50% of the final confirmed price.
b) If the customer hires a ship, an advanced payment of €50 is to be made on registration. The full price depends on the duration and route of the tour. If the pre-defined scope of performance is exceeded, the price will increase accordingly, insofar as the exceedance is not caused by ATG. The payment is to be made at least 1 week before the start of performance. If the payment is not made by this time, ATG may cancel the contract and claim damages in the amount of the defined sum for cancellations by the customer, found under point 6 below.
a) For tours, the routes defined in the announcement will be taken.
b) For ship hires, the ship and the captain are provided by ATG. ATG reserves the right to select the ship and the staff in every case. The desired route can only be taken within the existing legal framework. Should circumstances arise which prevent or limit the tour and that are not caused by ATG, such as ice, fog, low water or similar, the event will take place at shore or in a possibly smaller scope without claims to a lower price.
c) The basis for calculating the charter price is the ship sailing from and returning to Jungfernstieg.
d) In the months November to March, the minimum charter duration on weekends and bank holidays is 3 hours.
e) Special conditions apply for tours during the Japanese Cherry Blossom Festival (with fireworks display) and on New Year’s Eve.
Catering services are performed by ATG or its contractual partner as a rule of thumb. Catering by the customer or by a third-party commissioned by the customer is only permitted with advanced approval by ATG. In this case, the customer ensures the ship is completely cleared of any catering equipment or wares after chartering which the customer has brought on board. For a fee, the customer can board the ship about 1 hour before departure for preparation and 1 hour after arrival for clean-up.
5. Service and price changes
Changes to individual services within the scope of performance defined upon booking, which do not change the entire scope of performance significantly and do not violate the principles of good faith by ATG, cannot be contested by the customer. Changes in performance which change the entire scope of performance significantly – with the exception of the changes described under point 3 above – give the customer the right to cancel the contract within a period of 10 days upon learning of the change. If the customer does not claim their right to cancellation, any possible claims to a lower price are limited. The same applies in the case that price increases by service providers lead to a change in the calculation by ATG and if more than 4 months lie between the reception of the booking confirmation and the agreed services. Should the price increase be more than 10% of the agreed price, the customer has the right to cancel the contract free of charge within 10 days after learning of the change from ATG in the price increase.
a) Should the customer cancel the contract or not accept the agreed services without cancelling the contract, ATG reserves the right to the agreed fee. The value of the efforts saved as well as their benefits, which ATG acquires from a substitute hire or use of the services not claimed, is settled by the following fee rules, insofar as the customer has not provided proof of lower damages. ATG can increase the amount of damages without proof:
up to the 28th day before the start of performance of the service 10%,
from the 27th to the 14th day before the start of performance of the service 30%,
from the 13th to the 7th day before the start of performance of the service 40%,
from the 6th day before the start of performance of the service 50% of the contractual sum.
If the contract is cancelled on the day of the tour or not cancelled at all, the full contractual sum is to be paid. All resulting telephone, telegram or other expenses will be listed in a separate invoice and are to be paid by the customer.
b) ATG can cancel the contract at any time, insofar as the performance of the contract is difficult, dangerous or impaired due to unforeseeable or exceptional circumstances unknown at the time of closing the contract, without ATG having been responsible for these circumstances. For cancellations of the contract from ATG, the customer only has claim to reimbursement of payments already made.
ATG is liable within the scope of diligence as a prudent business for providing a ship in safe working condition as well as the lawful performance of the agreed contractual services. Furthermore, ATG is liable according to the standard terms and conditions. For service disruptions in connection with third-party services, which are explicitly noted as such in the booking confirmation, ATG is also not liable even if ATG has brokered such services. ATG is liable for material damages towards the customer or the guests up to an amount of maximum €50 per case of damages, insofar as the damages have been caused by malice or gross negligence on part of ATG or its staff. However, ATG can invoke the legal liability limitations and exclusions of liability as well as all possibilities of exculpation.
8. Transport of animals and material goods
Animals are only transported when this has been explicitly agreed. Material goods are only transported when space allows for this. ATG does not assume any duty to exercise care.
9. Passenger behaviour
When using facilities and the ship, guests have the obligation to behave in a way that is necessary for safe and orderly operations, their own safety and with consideration of other persons. Instructions by the on-board staff are to be followed.
For safety reasons, the following is not permitted:
a) Opening the doors during the tour
b) Throwing objects out of the ship or letting them hang out over the side
c) Jumping around in or out of the ship during the tour
d) Entering an occupied ship
e) Blocking the use of facilities, the passageways or gangways with bulky objects
Accompanying adults are responsible for their children. Should a guest not follow the instructions for ensuring the safety of the ship and guests, nor comply with the rules listed under a) to e) above, the guest may be excluded from participation without a right to claim reimbursement of the participation price. For dirtiness of the ship or facilities, the costs for cleaning, however at least €30, will be charged to the customer.
10. Persons excluded from transport
Persons which are a danger to the safety and orderly operation of the ship or for other guests are excluded from participation in the events.
11. Place of jurisdiction
The court of jurisdiction for registered traders is Hamburg.
12. Safeguarding clause
Should one of the terms or conditions above not be valid, it does not have an effect on the remaining terms and conditions and will be replaced with a valid term or condition which comes economically closest to the original.
13. Data privacy