General Conditions of Carriage

§ 1 General – Scope of application

1. Our General Terms and Conditions of Sailing apply to all journeys on the passenger ships of Stern und Kreisschiffahrt GmbH (e.g. boat tours/scheduled tours, event cruises) as well as to all other related (e.g. gastronomic) services and deliveries by us. They do not apply to charter trips; in this respect, our General Terms and Conditions for Events (Charter Trips) apply exclusively.
2. Our General Terms and Conditions of Carriage apply exclusively; We do not recognise any conditions of the passenger* that conflict with or deviate from our terms and conditions of travel, unless we have expressly agreed to their validity in writing. Our terms and conditions of travel shall also apply if we carry out the delivery or service to the passenger* without reservation in the knowledge of any conditions of the passenger* that conflict with or deviate from our terms and conditions of travel.
3. Our General Terms and Conditions of Travel apply to consumers* as well as to entrepreneurs, legal entities under public law and special funds under public law, unless otherwise provided below.
4. By purchasing a ticket, signing a reservation or a passenger transport contract, the passenger* accepts our General Terms and Conditions of Carriage as binding.

§ 2 Conclusion of contract

1. Our offers are subject to change/non-binding, unless they are expressly stated to be binding.
2. The contract is concluded by the sending of the binding contract offer by Stern und Kreisschiffahrt GmbH and the return of this contract document with the signature of the customer. The contract offer and the return of the contract document according to sentence 1 can be sent by post, as a scan, by e-mail or by fax.
3. We would like to point out that a right of withdrawal for consumers* pursuant to § 312 g para. 2 sentence 1 no. 9 BGB does not exist in the case of 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.

§ 3 Services, Prices, Terms of Payment

We undertake to provide the services ordered by the customer and promised by us.

In the case of charter trips, it is mandatory to conclude a catering agreement with Stern und Kreisschiffahrt GmbH.

1. The customer is obliged to pay us the agreed prices for these and other services used – including those of his event participants. He is liable for the payment of all services used by the event participants as well as for the costs incurred by them. This also applies to the services, costs and expenses initiated by us to third parties, in particular also to claims of copyright collecting societies.
2. The price stated in the charter contract is for the services specified in the charter contract and includes the respective statutory value added tax.
3. Unless otherwise agreed, our invoices are payable within 14 days of receipt of the invoice, without deduction.
   In the event of default of payment, we are entitled to charge default interest. All other costs incurred in the context of any debt collection procedure that may come into force shall be borne by the customer.
4. The set-off or retention of counterclaims is only permitted if they are undisputed, legally established or ready for a decision in the legal dispute, or are recognized by us.
5. If the number of persons booked is increased, the price for the services of Stern und Kreisschiffahrt GmbH will increase according to the increase in the number of staff and additional services. This does not apply to personal fixed amounts and additional services. If an increased number of people is communicated later than 10 days before the trip or is not communicated, we do not assume any liability for a quantitatively sufficient gastronomic service with regard to food, drinks and service personnel.

§ 4 Withdrawal of the customer (cancellation, cancellation)

1. A withdrawal of the customer from the contract concluded with Stern und Kreisschiffahrt GmbH must be made in writing. The following cancellation deadlines apply:
   up to 30 days before the trip free of charge
   up to 14 days before the trip 35 %
   up to 7 days before the trip 75 %
   less than 3 working days before the trip/no-show 90 %
   of the agreed price.
   The deduction of saved expenses is taken into account. However, the customer is free to prove that Stern und Kreisschiffahrt GmbH has suffered no or lesser damage in connection with the withdrawal from the contract or the non-commencement of the trip.
2. The reduction of the reported number of people for food and beverages by the customer is free of charge up to 14 days before the agreed event. In the event of a later reduction by the customer, we are entitled to charge 25% of the agreed price for the gastronomic service (food) per reduced person. In case of reduction of the registered number of persons less than 7 days before the agreed event, 50% of the price of the agreed gastronomic service (food) per reduced person and in the case of less than 3 working days before the agreed event, 90% of the price of the agreed gastronomic service (food) per reduced person will be charged.
   The deduction of saved expenses is taken into account. However, the customer is free to prove that Stern und Kreisschiffahrt GmbH has suffered no or lesser damage in connection with the withdrawal from the contract or the non-commencement of the trip.

§ 5 Rescission of Stern und Kreisschiffahrt GmbH

1. Stern und Kreisschiffahrt GmbH has the right to withdraw from the contract without further reminder if the charter price and, if applicable, booked ancillary services have not been paid by the due date.
2. Furthermore, Stern und Kreisschiffahrt GmbH is entitled to withdraw from the contract for objectively justified reasons, if, for example,
3. force majeure, such as in particular fire damage, floods, strikes, lawful lockouts and epidemics (including epidemics and pandemics), insofar as a risk level of at least “moderate” is determined by the Robert Koch Institute or other circumstances for which we are not responsible make the performance of the contract impossible,
4. Events are booked with misleading or false information about material facts, e.g. the person, the customer or the purpose,
5. In the event of justified withdrawal by us, the customer shall not be entitled to any damages. If, in the event of a withdrawal in accordance with the above paragraphs, 1. or 2. are entitled to a claim for damages against the customer, we can make the claim lump sum. Clause § 4 shall apply mutatis mutandis.
6. If, due to extreme weather conditions, waterways or lock closures, technical defects in the ship for which we are not responsible, or other circumstances for which we are not responsible, it becomes impossible to continue the journey on the agreed route, the route may be changed or – if this is not possible – the trip may be aborted.
   A claim for damages on the part of the customer is excluded in such cases, unless there are exceptions according to § 6 number 1 sentences 3 and 4 of these General Terms and Conditions for charter trips incl. catering.
7. If due to force majeure within the meaning of § 5 No. 2. 1st indent or for other reasons for which we are not responsible, the use of the agreed passenger ship is impossible, we reserve the right to use a comparable other ship. This does not give rise to a claim for damages on the part of the customer, unless there are exceptions according to § 6 number 1 sentences 3 and 4 of these General Terms and Conditions for Events/Charters.
8. If it is not possible to start or carry out a trip due to extreme weather conditions or waterway closures or for other reasons for which we are not responsible, the berth is available to the customer for the rental period at the nearest suitable pier accessible by ship. This does not give rise to a claim for damages on the part of the customer.
   STERN UND KREISSCHIFFAHRT GmbH | STERN UND KREIS Gastronomie und Service GmbH
   Puschkinallee 15 | 12435 Berlin | info@sternundkreis.de | www.sternundkreis.de
9. If, after the conclusion of the contract, circumstances become known that lead to the conclusion that the customer is objectively lacking creditworthiness, we are entitled to withdraw from the contract or to provide the agreed services only against advance payment or security. False information provided by the customer about his creditworthiness is also considered a reason for withdrawal.
10. Stern und Kreisschiffahrt GmbH reserves the right to exclude heavily intoxicated or drugged persons or groups with predominantly heavily intoxicated or drugged persons from the voyage or to expel them from the ship.
11. Assembly and dismantling times on the part of the customer must be in writing.

§ 6 Liability

1. We are liable for our obligations under the contract with the care of a prudent businessman. Claims by the customer for damages are excluded. This does not apply to damages resulting from injury to life, limb or health, if we are responsible for the breach of duty, as well as other damages resulting from an intentional or grossly negligent breach of duty by us, and damages resulting from an intentional or negligent breach of typical contractual obligations by us.
   A breach of duty by us is equivalent to that of a legal representative or vicarious agent.
2. Should disruptions or defects occur in our services, we will endeavour to remedy the situation if the customer becomes aware of it or upon immediate complaint. The customer is obliged to do what is reasonable for him to remedy the malfunction and to keep possible damage to a minimum. In addition, the customer is obliged to inform us in good time of the possibility of an exceptionally high damage occurring. Faults or defects must be reported by the customer directly to the event for inspection. The above-mentioned obligations do not affect the provisions of § 6 (1) sentences 2 and 3 of these General Terms and Conditions for Events/Charters.
3. The supervision of children is the responsibility of the parents or accompanying persons. In particular, they must ensure that the safety of children is not endangered by their behaviour on board and on the jetties.
   § 7 Bringing and taking away food and beverages, decorations
4. As a matter of principle, customers are not allowed to bring food and beverages to events.
5. The installation and installation of the customer’s own fireproof decorations requires the prior approval of Stern und Kreisschiffahrt GmbH. We do not accept any liability for damage to health caused by the installation and installation of the customer’s own decorations.

§ 7 Bringing and taking away food and beverages, decorations

1. As a matter of principle, customers are not allowed to bring food and beverages to events.
2. The installation and installation of the customer’s own fireproof decorations requires the prior approval of Stern und Kreisschiffahrt GmbH. We do not accept any liability for damage to health caused by the installation and installation of the customer’s own decorations.

§ 8 Third-party catering

1. Spacing / Corkage Fee
   For third-party catering we charge a distance / corkage fee. This amounts to € 18.00 gross, including the statutory VAT per person, if the organizer / third-party caterer brings its own food and drinks on board our ships. If the organizer / third-party caterer only brings food and the beverage turnover is settled via Stern und Kreisschiffahrt GmbH, the distance / corkage fee is € 9.00 gross including the statutory VAT per person. All catering staff must be provided by the third-party caterer. On the day of the event, the guests will be counted by our staff.
2. Personnel costs for the catering industry:
   For the maintenance of the inventory, a cook and a team leader (on ships with bistro kitchen only one team leader) are employed by Stern und Kreisschiffahrt GmbH, we charge € 40.00 net, plus VAT. 19% VAT per hour. To calculate personnel costs, the actual hours incurred, including preparatory and follow-up work, are used.
3. Preparation and follow-up:
   The preparation and follow-up by the third-party caterer takes place at the ship’s bridge in the ship’s home port. 2 hours are planned for preparation, 1 hour for follow-up. The personnel costs for the care of a member of the nautical crew (insurance, etc.) are covered by the ship rental, unless the preparation and/or follow-up takes longer than just mentioned. In this case, further personnel costs in the amount of € 40.00 net, plus VAT, would be charged. 19% VAT per hour will be charged.
   STERN UND KREISSCHIFFAHRT GmbH | STERN UND KREIS Gastronomie und Service GmbH
   Puschkinallee 15 | 12435 Berlin | info@sternundkreis.de | www.sternundkreis.de
4. Inventory:
   The kitchen equipment on board, the crockery, cutlery and glasses can be used by the third-party caterer, whereby the inventory must be cleaned and returned to us in full. For broken crockery and glasses we charge € 3.50 net, plus VAT. 19% VAT per piece. If the inventory does not meet the requirements of the third-party caterer in terms of quantity and quality, you can bring your own crockery etc., it must be taken into account that we cannot take our equipment off board and the storage space on board is limited.
5. Cleaning:
   If the third-party caterer uses our galley, it must be returned to us in a cleaned state. For a final cleaning, which must be carried out by us, an invoice will be issued according to expenditure.
6. Cooling options:
   Since our ships are in permanent use, both in scheduled and charter traffic, there are only limited cooling options available to the third-party caterer, we ask you to take this into account in your planning.

§ 9 Loss or damage of items brought along

1. Any (personal) belongings carried are on the ship at the customer’s risk. We accept no liability for loss, loss or damage, not even for financial loss, except in the case of gross negligence or intent in the fulfilment of contractual obligations by us. In addition, all cases in which custody constitutes an obligation typical of a contract due to the circumstances of the individual case are excluded from this exemption from liability. Apart from the cases mentioned in sentence 3, a custody agreement requires an explicit agreement.
2. Items left behind by the event participants will only be forwarded at the request, risk and expense of the participant in question. We keep the things for 3 months; after that, if there is a recognisable value, the items are handed over to the local lost property office. The costs of custody are to be borne by the customer. If there is no recognisable value, we reserve the right to destroy it at the customer’s expense after the expiry of the period. Lost property must be handed in immediately to the ship’s crew* for forwarding to Stern und Kreisschiffahrt GmbH.

§ 10 Official Permits and GEMA Notification

1. For the event, if necessary. The customer must obtain the necessary conditions and permits in good time at his own expense. It is responsible for complying with public law requirements and other regulations.
2. Music and dancing on board must be registered by the GEMA (www.gema.de) customer in good time before the start of the trip. Stern und Kreisschiffahrt GmbH is obliged to report the events requiring registration to GEMA. The customer is responsible for paying the GEMA fees.
3. In the event of noise and environmental disturbances, the customer indemnifies Stern und Kreisschiffahrt GmbH against claims by third parties, including public services and authorities.
4. The State Immission Control Act Berlin LImSchG Bln applies.

§ 11 Liability of the passenger for damages

The customer is liable for all damage to the ship, equipment, inventory and jetties, etc., which are caused by event participants, employees or other vicarious agents from his area or by himself.

§ 12 Miscellaneous

1. Bulky baggage can only be transported if there is space. Flammable, explosive, corrosive or foul-smelling substances are not transported.
2. Wheelchairs and strollers can only be taken on board by arrangement.
3. Dogs or other animals require prior permission.
4. The route depends on the opening hours of the locks, the absence of ice and fog.

§ 13 Final Provisions

1. If the customer is a merchant within the meaning of § 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising out of or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court of competent jurisdiction under the law.
2. In business transactions between entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities and special funds under public law, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
3. Should any provision of this contract be invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with an effective provision that comes as close as possible to this provision.

Definitions

• Charter trips or ship charters are trips in which the customer rents a ship for a certain period of time.

*For better readability, the simultaneous use of the language forms male, female and diverse (m/f/d) is avoided. All personal designations apply equally to all genders.