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 Tickets for boat tours/scheduled tours and event trips

1. Tickets can be purchased before the start of the journey at the box offices, on the ships, in the sales office, in the call centre and in the online shop.
2. If a ticket and voucher are purchased via our call centre or by letter or e-mail, the contract is concluded by subsequently sending an offer from Stern und Kreisschiffahrt GmbH by e-mail, letter or fax and the express confirmation of the customer (declaration of acceptance).
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. Insofar as Stern und Kreisschiffahrt GmbH offers services in the field of leisure activities, in particular tickets for events (e.g. event trips), there is therefore no right of withdrawal.
4. The tickets contain the data of the specific journey (name of the journey, date, time, place of departure, price) and are created and printed electronically.
5. Tickets purchased without a discount are transferable until the start of the journey.
6. Tickets must be presented in person when boarding, kept during the journey and presented to the responsible inspectors* on request. The tickets are only valid on the day of the trip printed on them. If a valid ticket is not presented during a ticket inspection, the required ticket must be redeemed.
7. If the ticket was purchased for more than one person*, the contracting party must board the ship first.
8. If the ticket includes catering services, especially for event trips, only one contract is concluded for the services of Stern und Kreisschiffahrt GmbH, even if two receipts are issued for technical reasons. This also applies to those gastronomic services that can be booked optionally/separately.
9. Tickets issued will not be refunded in the event of a no-show. Sentence 1 shall not apply if the passenger* withdraws from the contract of carriage prior to the start of the journey due to a breach of duty for which Stern und Kreisschiffahrt GmbH is responsible. In the event of a reduction in the number of passengers for group tickets purchased in advance, no fare refunds will be made. In principle, this applies to the purchase of tickets at the box offices, on the ships, in the sales office, in the call centre and in the online shop.
10. The passenger* is only allowed to interrupt the journey on scheduled tours that take place several times a day according to the timetable of Stern und Kreisschiffahrt GmbH. The passenger* has the right to continue the journey on the same scheduled tour on the same day with a ship departing later, as long as there is sufficient space on the ship. A refund for unused routes cannot be granted.

§ 3 Vouchers

1. Vouchers of any kind are valid for all timetable services offered by us at the time of redemption.
2. The statutory right of revocation applies to vouchers for services in the field of leisure activities (e.g. event trips) purchased by telephone, e-mail, letter or fax without a fixed performance date or specific service period in accordance with the following provisions, provided that you are a consumer* within the meaning of § 13 BGB:
   
   Right of withdrawal (valid for the purchase of vouchers)
   You have the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which you or a third party* named by you, who is not the carrier*, have taken possession of the goods. In order to exercise your right of withdrawal, you must inform us, Stern und Kreisschiffahrt GmbH, Puschkinallee 15, 12435 Berlin (telephone: 030/536360-0, fax: 030/536360-99, e-mail address: info@sternundkreis.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
   
   Consequences of revocation (valid for the purchase of vouchers)
   If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheap standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may withhold the refund until we have received the goods back, whichever is earlier. You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You will be responsible for the direct costs of returning the goods.
   
   Sample withdrawal form (valid for the purchase of vouchers)
   If you wish to withdraw from the contract, please fill out this form and send it back.
   
   At
   Stern und Kreisschiffahrt GmbH
   Puschkinallee 15, 12435 Berlin
   E-mail: info@sternundkreis.de
   Fax: 030/536360-99
   
   I/we(*) hereby withdraw from 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 consumer(s):
   Address of the consumer(s):
   
   Signature of the consumer(s) (only if notified on paper)
   Date
   _____________________
   (* Delete as appropriate)
3. An extension of vouchers is excluded.
4. The statutory limitation periods apply to the redemption of the voucher. The deadline begins at the end of the year in which the voucher was purchased.

§ 4 Voucher

For vouchers issued by Stern und Kreisschiffahrt GmbH and for vouchers accepted by Stern und Kreisschiffahrt GmbH, the regulations on tickets issued in accordance with § 2 number 9 apply accordingly.

§ 5 Fare

1. The fare is based on the price lists valid at the time of conclusion of the contract. The price lists can be viewed at the box offices, in the sales office and on the homepage of Stern und Kreisschiffahrt GmbH.
2. Discounts for certain groups of people, which are usually indicated in the timetable as percentage reductions, always refer to the regular fare minus the stated percentage and rounded up to the full 0.10 euros. Only one discount will be granted on request.
3. Unless otherwise specified, prices are inclusive of all applicable fees and charges and applicable VAT.

§ 6 Term of payment, payment methods

• 1. Tickets purchased at a box office, at the sales office, on board or in the online shop are due for payment immediately. In addition, advance bookings are possible, which can be paid on account (advance payment).
• 2. Tickets for boat tours/scheduled tours and event trips purchased through our call centre are due for payment within 14 days of sending the booking confirmation, but no later than one day before the day of sailing. The date of the booking confirmation is decisive.
• 3. The passenger* is only entitled to exercise rights of retention and to set off with an undisputed or legally binding counterclaim or one that is ready for a decision in the legal dispute. The set-off or retention shall take effect upon its declaration in text form.
• 4. Depending on the ordering process, you can pay for the tickets in cash, by credit card, SEPA direct debit, integrated online bank transfer/instant bank transfer or on account (advance payment).
  • Online shop: SEPA direct debit, credit card, SOFORT bank transfer
  • Box office and on board: credit card, EC card, cash, on account (prepayment) for pre-bookings
  • Call center: on account (prepayment) for pre-bookings

In the case of payment by SEPA direct debit, Stern und Kreisschiffahrt GmbH requires a so-called mandate, which allows the price to be paid to be debited from your current account by direct debit. The mandate is part of the confirmation. In this context, the passenger* authorizes Stern und Kreisschiffahrt GmbH, with the help of Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, and in the online shop with the help of InterCard AG, Mehlbeerenstr. 4, 82024 Taufkirchen to collect payments from the specified account by means of a SEPA direct debit and instructs its credit institution to honour this direct debit. The notice period will be shortened to one day. The passenger* may request a refund of the amount charged within 8 weeks from the date of the charge. The terms and conditions agreed with his/her credit institution apply. It is not possible to direct debit from savings accounts.

§ 7 Timetable changes

1. In the event of storms, hail and other extraordinary circumstances of force majeure, such as in particular fire damage, floods, strikes, lawful lockouts and epidemics (including epidemics and pandemics), provided that a hazard level of at least “moderate” is determined by the Robert Koch Institute, as well as in the event of technical defects through no fault of ours and in the event of waterway or lock closures, we may cancel the trip or change the route. In these cases, events on our ships (event cruises) can also be carried out on berthed ships. Claims for reimbursement and reduction are excluded in such cases; this also applies to the failure of the public address system (e.g. music, cityscape explanation) through no fault of our own. In all these cases, there is also no entitlement to a fare reduction.
2. In any case, we reserve the right to use vessels other than those named in the timetable. The ships that may be shown or mentioned in the timetable are only listed as examples. Information will be provided to the best of our knowledge.
3. The instructions of the ship’s crew* and the skippers who exercise domiciliary rights for Stern und Kreisschiffahrt GmbH must be strictly followed in the interest of regulated traffic and for the safety of passengers*. This applies in particular to the stay on the outside deck and the instructions on how to behave passengers* when passing through bridges. Especially when travelling through the Landwehr Railway and over the inner-city Spree, there are increased safety regulations when passing low bridges.
4. Smoking is only permitted on open decks.
5. It is not permitted for passengers* to board and disembark in and at locks.
6. Passengers* may be disembarked by the ship’s crew* if they persistently violate the general conditions of travel. Claims for reimbursement and compensation are excluded in these cases.
7. Stern und Kreisschiffahrt GmbH reserves the right to exclude intoxicated persons* or groups with predominantly intoxicated persons* from the trip and, if necessary, to expel them from the ship.

§ 8 Rescission of Stern und Kreisschiffahrt GmbH

We have the right to withdraw from the contract if the following minimum number of passengers* is not reached (for boat tours/scheduled tours (e.g. bridge trips)):

• 30 passengers*
• on event trips
• 100 passengers*

In these cases, Stern und Kreisschiffahrt GmbH will refund the fare. Any further claims are excluded.

§ 9 Liability

1. We are liable for our obligations under the contract with the care of a prudent businessman*. Claims by the passenger* 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 deficiencies occur in our services, we will endeavour to remedy the situation if we become aware of it or upon immediate complaint by the passenger*. The passenger* is obliged to do what is reasonable for him* to remedy the disruption and to keep possible damage to a minimum. In addition, the passenger* is obliged to inform us in good time of the possibility of exceptionally high damage occurring. Faults or defects must be reported by the passenger* immediately during the journey for inspection, whereby the regulations in section 1 remain unaffected.
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.

§ 10 Loss or Damage of Items Brought Along

1. Any (personal) belongings carried are on the ship at the risk of the passenger*. 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 will only be forwarded at the request, risk and expense of the passenger* concerned. 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 passenger*. If there is no recognisable value, we reserve the right to destroy it at the expense of the passenger* after the expiry of the deadline.
3. Lost property must be handed in immediately to the ship’s crew* for forwarding to Stern und Kreisschiffahrt GmbH.

§ 11 Liability of the passenger for damages

The passenger* is liable for all damage caused by him to the ship, equipment, inventory, jetties, etc. The passenger* is liable for all damage caused by him to the ship, equipment, inventory, jetties, etc.

§ 12 Miscellaneous

1. Flammable, explosive, corrosive or foul-smelling substances are not transported.
2. Bicycles are not transported.
3. Wheelchairs, walkers and prams are permitted on the ships specified in the timetable of Stern und Kreisschiffahrt GmbH, provided that there is sufficient space. However, a guarantee for transport is only granted if booked in advance. For all other ships, the ship’s crew* decides whether or not to take them along.
4. Luggage is only permitted on ships of Stern und Kreisschiffahrt GmbH in the context of hand luggage weighing up to 5 kg.
5. Pets are not allowed, with the exception of dogs. So-called lap dogs (up to 5 kg) are permitted. The prerequisite is that the ship is not fully booked and that the dog behaves calmly. Larger dogs (over 5 kg) are generally excluded. Exceptions are decided by the ship’s staff* on a case-by-case basis. If you allow the dog to be taken along, the crew* reserves the right to buy a children’s ticket for the dog. Dogs must be kept on a short leash on board. Guide dogs as companion dogs can generally be carried free of charge.
6. The private use of musical instruments and sound reproduction devices is not permitted on board.
7. The consumption of food and beverages brought on board the ships is strictly prohibited. Stern und Kreisschiffahrt GmbH reserves the right to carry out inspections.
8. Video and audio recordings are not permitted.

§ 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.

Definitions

• Charter trips or ship charters are trips in which the passenger* rents a ship for a certain period of time.
• Purchase of a ticket means the purchase of a ticket from Stern und Kreisschiffahrt GmbH at the box office, on board, in the online shop, in the call centre, in the sales office or as part of a written pre-booking, also by e-mail.
• Passenger* is the contractual partner* of Stern und Kreisschiffahrt GmbH as well as those persons* for whom the contractual partner* has booked the service of Stern und Kreisschiffahrt GmbH or who have been invited by the contractual partner* of Stern und Kreisschiffahrt GmbH.
• Ticket means a single or group ticket for an excursion from the Boat Tours/Scheduled Cruise Program or other event from the Event Cruise Program.
• Boat tours/line tours are one-hour and multi-hour trips from the excursion program of Stern und Kreisschiffahrt GmbH.
• Event cruises are boat trips that include a program of events and, if applicable, gastronomic services.
• Vouchers are vouchers purchased from Stern und Kreisschiffahrt GmbH or from third parties with a fixed performance date or specific service period for participation in the ship tours/scheduled tours or event trips of Stern und Kreisschiffahrt GmbH designated thereon.

*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.