General terms and conditions

AGBS - scheduled, themed, day and panoramic tours

The "Kölntourist Personenschifffahrt am Dom GmbH" (hereinafter: "KT") warmly welcomes you on and along the Rhine!

In the interest of your own safety and the smoothest possible operation, we ask you to observe the following terms and conditions, which apply to all panoramic and scheduled tours.

 

1) Validity of these conditions

 

KT offers a wide variety of boat trips and differentiates between scheduled, themed, day and panoramic, charter and adventure trips.

Please note that for adventure and charter trips, only the provisions of the General Terms and Conditions "Adventure Trips", General Terms and Conditions Charter Trips or the following General Terms and Conditions "Line, Theme, Day and Panorama Trips" apply.

These and other general terms and conditions can be found on the Internet at www.koelntourist.net.

Furthermore, these are laid out on board our ships.

With the purchase of a ticket as well as with entering the ship you accept these terms and conditions as well as the house rules displayed on board as a binding part of the service contract concluded between you and KT.

 

In the case of a booking without immediate handover of a ticket, these agreements apply from the conclusion of a contract in accordance with section 3.

 

The domiciliary rights are exercised by the owner, the skipper(s) and other representatives of KT.

 

 

  1. ) Subject of the service

Scheduled trips are trips that have a fixed itinerary and call at fixed stops at fixed times. Panoramic, themed and day trips are round trips that have a predefined trip duration and may be offered under a specific theme. Kölntourist Personenschifffahrt am Dom GmbH (hereinafter: "KT") will transport you for a fee and make the passenger compartments of a ship available for general use by you and your intended guests for the duration of the respective trip.

Our service obligation includes your transportation, as well as that of your guests, and catering for the duration of the trip.

Bringing food and drinks and consuming them on board our ships is not allowed.

KT is entitled to use third parties for the fulfillment of the subject matter of the contract.

 

3) Ticket sales, booking and conclusion of contract

 

For transportation, the fixed and published transportation fees (tickets) must be paid. Tickets can be purchased at the respective designated sales points on site.

 

Tickets for the corresponding trips can also be booked in advance by telephone, in writing or online. In this case, with your booking you make a binding offer for the respective subject of the contract and its reservation.

 

The contract is concluded by acceptance of this offer subject to the availability and fulfillment of the subject of the contract or conflicting operational reasons with receipt of the booking confirmation and invoice to you.

 

If the subject of the contract is no longer available or if operational reasons prevent the reservation, KT will inform you immediately.

 

KT is entitled to refuse the conclusion of a contract without giving reasons.

 

4.) No right of withdrawal for online bookings via the webshop

 

Please note that according to the regulation of § 312 g paragraph 2 No.9 BGB (German Civil Code) you do not have the right of withdrawal according to § 355 BGB for the purchase of tickets for scheduled, panoramic, themed and day trips.

Therefore, you cannot revoke your declaration of intent to purchase a ticket for scheduled, panoramic, themed or day trips.

 

5) Payment & Default

 

The fee for scheduled, panoramic, themed and day trips is due for payment without deduction within 14 days of receipt of the invoice if tickets are not purchased directly at the points of sale. If the date of the scheduled, panoramic, themed and day trips lies within this payment period, payment for all bindingly booked tickets must be made at the respective points of sale against handover of the tickets no later than 30 minutes before the start of the respective trip.

If you do not pay the invoice despite the due date, KT is entitled to charge flat-rate reminder costs of 5,- Euro per reminder in addition to the legal consequences of default.

If you again do not perform despite a reminder, KT is entitled to a separate right of withdrawal. After a corresponding declaration of withdrawal, KT can resell the booked tickets.

Irrespective of this, KT is entitled to claim damages in the amount of the ticket price in the event of withdrawal.

 

6.) Ticket collection

 

Once payment has been received in full, the tickets for the booked ride will be available for collection at the respective sales outlets during normal opening hours under the booking number provided to you no later than 30 minutes before the start of the respective ride.

If the tickets are to be shipped to you, a handling fee starting at 3,- Euro per shipment will be charged for simple shipping.

If the shipment is made by registered mail due to the express request of the customer or due to the offer, the handling fee is 6.50 euros per shipment.

 

7) Legal consequences in case of non-collection, loss of tickets as well as in case of purchase of tickets from third parties

 

If you do not pick up the bindingly booked tickets at the respective points of sale at least 30 minutes before the start of the journey, KT may resell them. There is no right to a refund for tickets that have already been paid for. There is no entitlement to make up the trip.

 

If the bindingly booked tickets have not been paid for in advance and are not collected and paid for at the latest 30 minutes before the start of the respective journey, you still owe the full ticket price for all bindingly booked tickets.

There is no entitlement to make up the trip.

 

In the event of loss or theft of tickets, KT assumes no liability for the loss, nor for any possible unlawful redemption of a ticket.

If you purchase tickets from third parties (e.g. via online platforms), please make sure that these tickets were originally legally purchased and paid for from us. If you have purchased tickets from third parties that were not legally purchased and paid for by us, you cannot assert any claims against us for any legal reason whatsoever.

 

8.) Transportation of vehicles, luggage and other things.

 

Unless otherwise agreed, animals, motorcycles and vehicles and bulky goods are excluded from carriage.

The on-board staff shall decide on the carriage of passengers on a case-by-case basis at their reasonable discretion. Baby carriages and wheelchairs for the sick are carried on board free of charge, provided that there are accommodations for them on board.

Please inform us about the need to bring strollers and/or wheelchairs about it when booking.

 

 

9) Delay, cancellation, cancellation of adventure trips, ship replacement

 

There may be delays in departure and arrival times and changes in the berths due to shipping traffic reasons. No claims for delay or damages can be asserted against KT as a result.

 

If a trip is cancelled by KT, regardless of the reason, the rightful ticket holder will be refunded the ticket price in exchange for the return of the tickets.

Further claims for damages cannot be asserted against KT.

 

In case of impossibility of performance by KT due to changed legal regulations, in cases of force majeure (technical failures, fog, ice, high or low water, averages, closure of shipping routes, official prohibitions in case of pandemics etc.) KT is released from performance.

The rightful ticket holder will be refunded the ticket price against return of the ticket.

 

Alternatively, KT may issue a new ticket for an equivalent trip at a later date.

 

KT also has the aforementioned options in the event of overbooking, official prohibitions or if the trip is cancelled for reasons for which KT is not responsible.

 

Further claims against KT, e.g. claims for damages (travel costs, accommodation, etc.) are excluded in the event of the provision of equivalent substitutes, the provision of partial services, the interruption or cancellation of the trip.

 

10.) Warranty

 

If you do not take the respective trip on the day of the event, the ticket expires without replacement.

 

In the case of legal transactions with a consumer, i.e. a natural person who concludes the legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, the statutory provisions shall apply to any warranty claims due to defects of title and/or quality, unless otherwise stipulated in these General Terms and Conditions.

 

11) Liability of KT

 

The legal relations between KT and the customer are subject to the law of the Federal Republic of Germany.

 

KT is liable without limitation for damages caused intentionally or by gross negligence, for intentional or negligent injury to life, body and health.

 

Moreover, KT is only liable for damages caused by negligence in the event of a breach of an obligation that is essential for the proper fulfillment of the contract and on whose fulfillment you may regularly rely. In this case, KT's liability is limited to three times the ticket price, but in any case to the foreseeable damage typical for the contract.

 

For damage or loss of jewelry, money or other (valuable) objects, the liability of KT is limited to gross negligence and intent.

 

The passenger is obliged to report all damages from which claims against KT could be derived to the responsible persons on board immediately after their discovery, at the latest by the time the passenger leaves the ship.

 

Insofar as liability of KT for damages not based on injury to life, body or health is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or could have become aware without gross negligence.

 

12) Liability of KT for third parties

 

KT is entitled to use third parties for the fulfillment of the subject matter of the contract.

 

KT is entitled to have all services carried out with third-party vessels.

 

13) Driving regulations

 

There may be minor delays in departure and arrival times and changes in berths for shipping traffic reasons.

KT has no influence on this, but will inform you of such changes immediately.

As a rule, KT will grant you access to the ship on which the agreed service is to be provided 15 minutes before the start of the service.

 

Please be on time or we will be gone!

Any delays on your part will be at your sole expense.

 

After the end of the trip, you and the third parties included according to the subject of the contract must leave the ship within 15 minutes.

Only within these periods you are entitled to stay on the landing stages.

 

The ticket is valid only for the date issued.

You are obliged to show the ticket to the boarding personnel when boarding, to keep it during the journey and to show it to the boarding personnel at any time upon request.

Seat reservations are not possible for all bookings.

The supervision of children is the responsibility of parents or accompanying persons.

 

In icy conditions, access to the open decks is not permitted due to the risk of slipping and black ice.

The burning of pyrotechnic articles as well as open fire is prohibited on the ship.

Smoking is permitted only on the designated open decks of the ships.

 

Bringing live animals is prohibited, unless this has been expressly agreed. There is no right to bring dogs.

Guide dogs accompanying blind people are always allowed for transportation.

Credit and debit cards are not accepted on board the ship.

 

The instructions of the ship's crew must be followed at all times.

 

If, before or during the performance of the subject matter of the contract, customers give reasonable cause to believe that they are violating regulatory law, KT is entitled to make the further performance of the contract dependent on the assessment of the facts by police officers and to take the necessary measures for this purpose.

 

14.) Physical limitations

 

KT welcomes the participation of people with disabilities in the offered adventure cruises, but expressly points out that KT's ships are not handicapped accessible and participation in this case may be burdensome or impossible.

We therefore ask you to inform us of any existing disabilities before purchasing.

We will then make every effort to find individual solutions for you.

 

 

15.) Image utilization and newsletter

 

By boarding the ship, you consent to the taking and use of photographs by KT during the respective voyage for the purpose of marketing and press and public relations work by KT.

By doing so, you expressly grant permission for the publication of image and sound recordings of yourself on social media, as on third-party digital media.

 

If you wish to object to the making and use of visual and audio recordings of you, you must have declared this to us in text form by the time you board the ship at the latest.

 

Furthermore, you agree with your booking until revocation in text form to receive information and offers from KT to your stored e-mail address (newsletter).

KT points out that your data will not be passed on to third parties.

 

16.) Written form

 

Amendments, supplements or cancellations of the contractual agreement must be made in writing. Verbal collateral agreements shall not be valid, deviations therefrom may only be made in writing; the written form requirement itself may also only be stipulated in writing.

 

17) Final provisions and place of jurisdiction

 

If one of the present provisions is incomplete or defective, a provision shall be chosen at this point which comes closest to what is legally and economically intended. In the event of the invalidity of one of the above provisions, this shall not lead to the overall invalidity of all provisions. The scope of the remaining agreements shall remain unaffected in this respect.

There are no ancillary agreements to this agreement.

 

If the customer is not a consumer, the place of jurisdiction shall be Cologne.

 

Status March 2021

AGBS - Adventure trips

The "Kölntourist Personenschifffahrt am Dom GmbH" (hereinafter: "KT") warmly welcomes you on and along the Rhine!

In the interest of your own safety and the smoothest possible operation, we ask you to observe the following terms and conditions, which apply to all adventure rides.

 

1) Validity of these conditions

KT offers a wide variety of boat trips and differentiates between scheduled, panoramic, charter and adventure trips.

Please note that for scheduled, panoramic, as well as charter trips exclusively either the regulations of the General Terms and Conditions "Scheduled and Panoramic Trips", General Terms and Conditions Charter Trips or the following General Terms and Conditions "Adventure Trips" apply.

These and other general terms and conditions can be found on the Internet at www.koelntourist.net.

Furthermore, these are laid out on board our ships.

With the purchase of a ticket as well as with entering the ship you accept these terms and conditions as well as the house rules displayed on board as a binding part of the service contract concluded between you and KT.

In the case of a booking without immediate handover of a ticket, these agreements apply from the conclusion of a contract in accordance with section 3.

The domiciliary rights are exercised by the owner, the skipper(s) and other representatives of KT.

2.) Subject of the service

Experience trips are trips with different program contents, trips in the context of fireworks events, as well as trips with integrated gastronomy part with or without dance character.

Kölntourist Personenschifffahrt am Dom GmbH (hereinafter: "KT") makes the passenger rooms of a ship available to you for general use for a certain period of time for yourself and your intended guests in return for payment.

Our service obligation includes your transportation, as well as that of your guests, and catering during the event.

Bringing food and drinks and consuming them on board our ships is not allowed during adventure cruises.

KT is entitled to use third parties for the fulfillment of the subject matter of the contract.

 

3) Booking and conclusion of contract

With your booking, which can be made in person, by telephone, in writing or online, you make a binding offer for the respective subject of the contract and its reservation.

The contract is concluded by acceptance of this offer subject to the availability and fulfillment of the subject of the contract or conflicting operational reasons with receipt of the reservation confirmation and the invoice to you.

If the subject of the contract is no longer available or if operational reasons prevent the reservation, KT will inform you immediately.

 

KT is entitled to refuse the conclusion of a contract without giving reasons.

4.) No right of withdrawal for online bookings via the webshop

Please note that according to the regulation of § 312 g paragraph 2 No.9 BGB (German Civil Code) you do not have the right of withdrawal according to § 355 BGB for the purchase of tickets for adventure rides.

Therefore, you cannot revoke your declaration of intent to purchase a ticket for adventure rides.

 

5) Payment & Default

The payment for the subject of the contract is due within 14 days after receipt of the invoice without deduction. If the date of the adventure tour is within this payment period, the payment must be credited to the account of KT at the latest 1 week before the start of the adventure tour.

If you do not pay the invoice despite the due date, KT is entitled to charge flat-rate reminder costs of 5,- Euro per reminder in addition to the legal consequences of default.

If you again do not perform despite a reminder, KT is entitled to a separate right of withdrawal. After a corresponding declaration of withdrawal, KT can resell the booked tickets.

Irrespective of this, KT is entitled to claim damages in the amount of the ticket price in the event of withdrawal.

 

6.) Shipping

Only after full payment has been received will the tickets for the subject of the contract be sent immediately to the postal address you have provided.

If it is not possible to send the tickets in time, they will be given to you when you board the ship.

For simple shipping, a handling fee starting at 3,- Euro per invoice will be charged.

If the shipment is made by registered mail due to the express request of the customer or due to the offer, the processing fee is 6.50 euros per invoice.

 

7) Legal consequences in case of loss of tickets as well as in case of purchase of tickets from third parties

In the event of loss or theft of tickets, KT assumes no liability for the loss, nor for any possible unlawful redemption of a ticket.

If you purchase tickets from third parties (e.g. via online platforms), please make sure that these tickets were originally legally purchased and paid for from us. If you have purchased tickets from third parties that were not legally purchased and paid for by us, you cannot assert any claims against us for any legal reason whatsoever.

 

8.) Transportation of vehicles, luggage and other things.

Unless otherwise agreed, animals, motorcycles and vehicles and bulky goods are excluded from carriage.

The on-board staff shall decide on the carriage of passengers on a case-by-case basis at their reasonable discretion. Baby carriages and wheelchairs for the sick are carried on board free of charge, provided that there are accommodations for them on board.

Please inform us about the need to bring strollers and/or wheelchairs about it when booking.

9) Cancellation, cancellation, interruption of adventure trips, ship replacement

If the adventure tour is cancelled by KT, for whatever reason, the rightful ticket holder will be refunded the ticket price against return of the tickets.

Further claims for damages cannot be asserted against KT.

In case of impossibility of performance by KT due to changed legal regulations, in cases of force majeure (technical failures, fog, ice, high or low water, averages, closure of shipping routes, official prohibitions in case of pandemics etc.) KT is released from performance.

The rightful ticket holder will be refunded the ticket price against return of the ticket.

In the event of damage before or during the voyage on the vessel intended for the execution of the contract, KT reserves the right, if necessary, to procure an equivalent replacement vessel at another safe port location or, if this is not possible, to cancel, terminate or postpone the date even at short notice. Optionally, KT can also carry out the event at a safe location lying.

Alternatively, KT can issue a new ticket for an equivalent event day.

KT also has the aforementioned options in the event of overbooking or cancellation of the event for reasons for which KT is not responsible.

If partial services (e.g. catering) have already been provided or can be provided, these will be deducted from any existing reimbursement claim.

Further claims against KT, e.g. claims for damages (travel costs, accommodation, etc.) are excluded in the event of the provision of equivalent substitutes, the provision of partial services, the discontinuation or cancellation of the adventure tour.

10.) Warranty

If you do not start the adventure ride on the day of the event, the ticket expires without replacement.

In the case of legal transactions with a consumer, i.e. a natural person who concludes the legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, the statutory provisions shall apply to any warranty claims due to defects of title and/or quality, unless otherwise stipulated in these General Terms and Conditions.

11) Liability of KT

The legal relations between KT and the customer are subject to the law of the Federal Republic of Germany.

KT is liable without limitation for damages caused intentionally or by gross negligence, for intentional or negligent injury to life, body and health.

Moreover, KT is only liable for damages caused by negligence in the event of a breach of an obligation that is essential for the proper fulfillment of the contract and on whose fulfillment you may regularly rely. In this case, KT's liability is limited to three times the ticket price, but in any case to the foreseeable damage typical for the contract.

For damage or loss of jewelry, money or other (valuable) objects, the liability of KT is limited to gross negligence and intent.

The passenger is obliged to report all damages from which claims against KT could be derived to the responsible persons on board immediately after their discovery, at the latest by the time the passenger leaves the ship.

Insofar as liability of KT for damages not based on injury to life, body or health is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or could have become aware without gross negligence.

12) Liability of KT for third parties

KT is entitled to use third parties for the fulfillment of the subject matter of the contract.

KT is entitled to have all services carried out with third-party vessels.

13) Driving regulations

There may be minor delays in departure and arrival times and changes in berths for shipping traffic reasons.

KT has no influence on this, but will inform you of such changes immediately.

As a rule, KT will grant you access to the ship on which the agreed service is to be provided 15 minutes before the start of the service.

Please be on time or we will be gone!

Any delays on your part will be at your sole expense.

After the end of the trip, you and the third parties included according to the subject of the contract must leave the ship within 15 minutes.

Only within these periods you are entitled to stay on the landing stages.

The ticket is valid only for the date issued.

You are obliged to show the ticket to the boarding personnel when boarding, to keep it during the journey and to show it to the boarding personnel at any time upon request.

For all bookings, only table reservations are possible, not seat reservations.

The supervision of children is the responsibility of parents or accompanying persons.

In icy conditions, access to the open decks is not permitted due to the risk of slipping and black ice.

The burning of pyrotechnic articles as well as open fire is prohibited on the ship.

Smoking is permitted only on the designated open decks of the ships.

Bringing live animals is prohibited, unless this has been expressly agreed. There is no right to bring dogs.

Guide dogs accompanying blind people are always allowed for transportation.

Credit and debit cards are not accepted on board the ship.

The instructions of the ship's crew must be followed at all times.

If, before or during the performance of the subject matter of the contract, customers give reasonable cause to believe that they are violating regulatory law, KT is entitled to make the further performance of the contract dependent on the assessment of the facts by police officers and to take the necessary measures for this purpose.

14.) Physical limitations

KT welcomes the participation of people with disabilities in the offered adventure cruises, but expressly points out that KT's ships are not handicapped accessible and participation in this case may be burdensome or impossible.

We therefore ask you to inform us of any existing disabilities before purchasing.

We will then make every effort to find individual solutions for you.

 

15.) Image utilization and newsletter

 

By boarding the ship, you consent to the taking and use of photographs by KT during the adventure cruise for the purpose of marketing and press and public relations work by KT.

By doing so, you expressly grant permission for the publication of image and sound recordings of yourself on social media, as on third-party digital media.

If you wish to object to the making and use of visual and audio recordings of you, you must have declared this to us in text form by the time you board the ship at the latest.

Furthermore, you agree with your booking until revocation in text form to receive information and offers from KT to your stored e-mail address (newsletter).

KT points out that your data will not be passed on to third parties.

 

16.) Prohibition of resale of tickets

Commercial resale of tickets is prohibited, as the tickets sold by KT are personalized tickets.

Admission will be granted only to the purchaser whose name appears on the ticket; an ID check may be carried out.

If several tickets are purchased, accompanying persons will only be granted access if accompanied by the purchaser. The access authorization can only be transferred to accompanying persons if they have not paid a higher price than that resulting from the ticket plus proportionately paid fees / shipping costs and assume the rights & obligations of the contract - including resale ban.

Furthermore, tickets are not transferable to third parties.

In case of violation of the above rules, KT reserves the right of cancellation.

 

17.) Written form

Amendments, supplements or cancellations of the contractual agreement must be made in writing. Verbal collateral agreements shall not be valid, deviations therefrom may only be made in writing; the written form requirement itself may also only be stipulated in writing.

18) Final provisions and place of jurisdiction

If one of the present provisions is incomplete or defective, a provision shall be chosen at this point which comes closest to what is legally and economically intended. In the event of the invalidity of one of the above provisions, this shall not lead to the overall invalidity of all provisions. The scope of the remaining agreements shall remain unaffected in this respect.

There are no ancillary agreements to this agreement.

If the customer is not a consumer, the place of jurisdiction shall be Cologne.

Status March 2021

GTCS - Charter trips

The "Kölntourist Personenschifffahrt am Dom GmbH" (hereinafter: "KT") warmly welcomes you on and along the Rhine!

In the interest of your own safety and the smoothest possible operation, we ask you to observe the following terms and conditions, which apply to all charter trips.

 

1) Validity of these conditions

 

KT offers a wide variety of boat trips and differentiates between scheduled, themed, day and panoramic, charter and adventure trips.

Please note that for adventure, scheduled, themed, day and panoramic tours, only the provisions of the General Terms and Conditions "Adventure Tours", the General Terms and Conditions "Scheduled, Themed, Day and Panoramic Tours" or the following General Terms and Conditions "Charter Tours" apply. 

These and other general terms and conditions can be found on the Internet at www.koelntourist.net.

Furthermore, these are laid out on board our ships.

With the conclusion of the contract according to section 3 as well as with the boarding of the ship you accept these terms and conditions as well as the house rules displayed on board as a binding part of the service contract concluded between you and KT.

The domiciliary rights are exercised by the owner, the skipper(s) and other representatives of KT.

2.) Subject of the service

A charter trip exists if KT rents you a ship for an event planned by you. Kölntourist Personenschifffahrt am Dom GmbH (hereinafter: "KT") transports you for a fee and makes the passenger compartments of a ship available to you for general use by yourself and your intended guests for the duration of the event.

Our obligation to perform includes your transportation, as well as that of your guests, and, if applicable, catering during the trip, in accordance with the contract concluded under § 3.

Bringing food and drinks and consuming them on board our ships is not allowed.

Gastronomic services are only part of the subject matter of the contract if expressly agreed. 

KT is entitled to use third parties for the fulfillment of the subject matter of the contract.

 

3.) Conclusion of contract

 

You can make inquiries for charter trips both by telephone, in writing, in text form or online to us. We will make you an offer in text form according to this request, which you can only accept in text form within the binding period stated in the offer. If this period expires, we are no longer bound to the submitted offer.

The contract is concluded by your acceptance of this offer in text form within the commitment period subject to the availability and fulfillment of the subject matter of the contract or contrary operational reasons.

We will then prepare a new offer for you regarding any desired changes in the offer, which again must be accepted in text form within the binding period.

Requests for changes or additions on your part after conclusion of the contract will only become part of the contract if they are confirmed in text form by KT.

 

4) Payment & Default

 

a.) Charter

The fee for the charter trip is due for payment without deduction within 14 days after receipt of the invoice. If the date of the charter trip is within this payment period, the payment must be credited to the account of KT at the latest 1 week before the start of the trip.

If you do not pay the invoice despite the due date, KT is entitled to charge flat-rate reminder costs of 5,- Euro per reminder in addition to the legal consequences of default.

If you again fail to perform despite a reminder, KT is entitled to a separate right of withdrawal to be exercised in text form.

In case of withdrawal, KT is entitled to claim damages in the amount of the contract price.

You as the customer have to pay the fee agreed upon for the charter trip and all other services (e.g. catering) also used by your event participants to KT.

b.) Gastronomic services

KT is entitled to demand advance payments for the agreed gastronomic services, even if these are provided by third parties.

Costs that depend on consumption will be announced to you immediately after the end of the event. Should any complaints be made, this can only be done immediately after notification on board, after which complaints are excluded.

We will then issue an invoice to you, which is due for payment within 14 days after receipt of the invoice.

If you do not pay the invoice despite the due date, KT is entitled to charge flat-rate reminder costs of 5,- Euro per reminder in addition to the legal consequences of default.

 

5.) Price adjustments

 

If the conclusion of the contract is longer than 4 months before the execution of the contract, KT is entitled to adjust the contractually agreed price accordingly in the event of a general increase in the price for such services in the meantime.

The adjustment is limited to an increase of max. 5% of the originally agreed price. This upper limit increases by a further 6% (i.e. to a maximum of 10%) if the contract was concluded more than 1 year before the contract was executed. In the event of a change in the statutory value added tax in the meantime, KT is also entitled to make an adjustment.

 

6) Withdrawal of the customer

 

A withdrawal on your part from the contract concluded with KT requires text form and is possible free of charge up to 90 days before the agreed day of travel.

In the event of a later cancellation on your part, KT is entitled to demand a cancellation fee.

This is in case of cancellation before the start of the service:
up to the 60th day 10%
from the 59th to the 31st day 50%
from the 30th to the 15th day 70%.

from the 14th day or non-arrival 90%
The deduction of saved expenses is taken into account.

However, you are free to prove that the above claim did not arise or did not arise in the amount claimed.

 

7.) Resignation of KT

 

If, after signing the contract, KT becomes aware of circumstances that make the customer's creditworthiness appear doubtful, KT is entitled to withdraw from the contract or to provide the agreed services only against advance payment and provision of security. Doubts about the creditworthiness of the customer exist in particular if insolvency proceedings have been opened against the customer's assets or if an application for the opening of insolvency proceedings has been filed.

Furthermore, there is doubt about the customer's creditworthiness even if there are payment arrears from other contractual relationships of the customer with KT.

A right of withdrawal also exists if KT becomes aware that events are booked under misleading and falsified information.

KT also has the right to withdraw from the contract if agreed advance payments (cf. item 4) have not been paid on time and/or the charter price and any additional services have not been paid by the due date without further reminder.

The non-feasibility of the subject matter of the contract due to changed legal provisions also entitles KT to withdraw from the contract.

 

8) Liability of KT

 

The legal relations between KT and the customer are subject to the law of the Federal Republic of Germany.

 

KT is liable without limitation for damages caused intentionally or by gross negligence, for intentional or negligent injury to life, body and health.

 

For damages caused by negligence, KT is only liable in case of breach of an obligation that is essential for the proper fulfillment of the contract and on whose fulfillment you may regularly rely. In this case, the liability of KT is limited to max. 1000 € per damage case, but in any case to the contract-typical foreseeable damage.

 

For damage or loss of jewelry, money or other (valuable) objects, the liability of KT is limited to gross negligence and intent.

In addition, you bear the risk of deterioration or destruction or loss of all items brought by you.

 

You are obliged to report all damages from which claims against KT could be derived to the responsible persons on board immediately after their discovery, at the latest by the time you leave the ship.

 

Insofar as liability of KT for damages not based on injury to life, body or health is not excluded for slight negligence, such claims shall become statute-barred within one year, beginning with the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or could have become aware without gross negligence.

 

9) Delay, Cancellation, Abandonment of Charter Voyages, Ship Replacement

 

There may be delays in departure and arrival times and changes in the berths due to shipping traffic or official reasons. Claims for delay or damages cannot be asserted against KT as a result.

 

In case of impossibility of performance by KT due to changed legal regulations, in cases of force majeure (technical failures, fog, ice, high or low water, averages, closure of shipping lanes, official travel or event bans during pandemics, etc.) KT is released from performance.

However, within the scope of its right of rectification, KT is entitled to provide a comparable ship instead for the agreed duration, if necessary also at the next most suitable landing place.

Further claims against KT, e.g. claims for damages (travel costs, accommodation, etc.) are excluded in the event of the provision of equivalent substitutes, the provision of partial services, the interruption or cancellation of the trip.

If the trip with the contractually agreed ship cannot be started, for whatever reason, and no replacement can be procured, KT offers the agreed service as a lying event (i.e. without a trip). If you accept this offer, the contractually agreed obligations shall remain in force. In this case KT grants you a discount of 50% on the agreed service price.

You can refuse to hold the event as a lying event.

In this case, the services you have already paid for will be refunded by KT. However, this does not apply to services aimed at the production of food and beverages. The obligation to pay for services already produced remains unaffected, regardless of the actual acceptance of the goods.

You can have the goods delivered to another place at your own expense.

For the use of equipment, which may be provided by KT for the transport of the goods, a rental fee is owed according to a separate agreement.

 

10.) Warranty

 

In the case of legal transactions with a consumer, i.e. a natural person who concludes the legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, the statutory provisions shall apply to any warranty claims due to defects of title and/or quality, unless otherwise stipulated in these General Terms and Conditions.

 

11.) GEMA and other permissions

 

As the event organizer, you are obligated to obtain all official permits and approvals in a timely manner and at your own expense. As the organizer, you are also responsible for ensuring that the event does not violate any requirements and regulations under public law.

You must also ensure that music and dancing on board are registered with GEMA in good time before the start of the journey.

You must bear the registration costs incurred for this. KT assumes no liability for violations of the above obligations to third parties or public authorities.

In the event of claims by third parties due to noise and environmental pollution, the customer shall indemnify KT against liability.

This exemption from liability also applies in particular to the violation of regulations according to the respectively applicable CoronaSchVO, compliance with which is the sole responsibility of the organizer.

 

12.) Transportation of vehicles, luggage and other items

 

Unless otherwise agreed, animals, motorcycles and vehicles and bulky goods are excluded from carriage.

The on-board staff shall decide on the carriage of passengers on a case-by-case basis at their reasonable discretion. Baby carriages and wheelchairs for the sick are carried on board free of charge, provided that there are accommodations for them on board.

Please inform us about the need to bring strollers and/or wheelchairs about it when booking.

 

13.) Travel regulations; renewal fee

 

There may be minor delays in departure and arrival times and changes in berths for shipping traffic reasons.

KT has no influence on this, but will inform you of such changes immediately.

As a rule, KT will grant you access to the ship on which the agreed service is to be provided 15 minutes before the start of the service.

 

If you are the organizer, you can enter the ship 30 minutes before the guests are allowed to enter, in order to set up music, put up decorations, etc., if necessary. If you need more time for this, this must be contractually regulated in advance as an extension of the charter time.

Decorations and technology (music systems, lighting technology, etc.) may only be installed and set up by you with the prior written agreement and consent of KT. KT is not liable for any damage caused by this.

After the end of the service, you, your guests and third parties included according to the subject of the contract must leave the ship within 15 minutes.

If you or your guests do not leave the ship in time, you will owe an extension fee of 350,- net for each started hour.

 

KT is entitled to expel persons who are heavily intoxicated or under the influence of drugs and to exclude them from participation in the event.

 

KT is also entitled to carry out bag checks upon entering the guests in order to prevent criminal offenses, if there is an initial suspicion of bringing weapons or illicit substances.

 

In icy conditions, access to the open decks is not permitted due to the risk of slipping and black ice.

The burning of pyrotechnic articles as well as open fire is prohibited on the ship.

Smoking is permitted only on the designated open decks of the ships.

 

Bringing live animals is prohibited, unless this has been expressly agreed. There is no right to bring dogs.

Guide dogs accompanying blind people are always allowed for transportation.

Credit and debit cards are not accepted on board the ship.

 

The instructions of the ship's crew must be followed at all times.

 

If you, your guests or third parties commissioned by you give reason to believe before or during the execution of the subject matter of the contract that regulatory laws are being violated, KT is entitled to make the further execution of the contract dependent on the assessment of the facts by police forces of order and to take the necessary measures for this purpose.


Objects found on board are to be handed over to the nautical passenger attendant without being asked and without delay.

Forgotten items will be stored at KT for three months and then handed over to the local lost and found office. The costs of safekeeping are to be borne by you. Until then, the items, if they are transportable, can be sent to the owner by mail by bearing the costs of the customer.

The supervision of children is the responsibility of the parents or accompanying persons. In particular, they must ensure that the safety of the children is not endangered by their behavior on board and on the docks.

 

14) Cost of pollution

 

If, after the end of the contract, KT detects soiling caused by you or your guests that goes beyond the usual and general level (e.g. rice, rose petals at weddings, confetti, etc.), KT is entitled to charge a flat rate of €300 (in other words, three hundred euros incl. statutory VAT) for cleaning with immediate payment due.

However, you reserve the right to remove or avoid high levels of contamination yourself even before the end of the contractual relationship.

 

15) Change of charter time
If the start or end times of the charter trip are postponed through no fault of KT, KT can charge an appropriate amount for the additional service.

However, you cannot unilaterally set the charter time change.

Should you wish to extend the charter time beyond the agreed time on the day of the event, the consent of the nautical staff must be obtained for this and an additional fee in the amount of an hourly fee of 350€ will be due.

 

16.) Physical limitations

 

KT expressly points out that KT's ships are not handicapped accessible and participation in this case may be arduous or impossible.

We therefore ask you to inform us of any existing obstructions before you start your journey.

We will then make every effort to find individual solutions for you.

 

KT is entitled to exclude a person from carriage due to obvious health impairments at its own discretion.

 

17.) Image utilization and newsletter

 

By boarding the ship, you consent to the taking and use of photographs by KT during the respective voyage for the purpose of marketing and press and public relations work by KT.

By doing so, you expressly grant permission for the publication of image and sound recordings of yourself on social media, as on third-party digital media.

 

If you wish to object to the making and use of visual and audio recordings of you, you must have declared this to us in text form by the time you board the ship at the latest.

 

Furthermore, you agree with your booking until revocation in text form to receive information and offers from KT to your stored e-mail address (newsletter).

KT points out that your data will not be passed on to third parties unless the execution of the contract requires this. In this respect, we refer to our separate notes on the DSGVO.

 

18.) Text form

 

Amendments, supplements or cancellations of the contractual agreement shall be made in text form. Verbal collateral agreements are not valid, deviations from this can only be made in text form; this requirement itself can also only be stipulated by both parties in text form.

 

19) Final provisions and place of jurisdiction

 

If one of the present provisions is incomplete or defective, a provision shall be chosen at this point which comes closest to what is legally and economically intended. In the event of the invalidity of one of the above provisions, this shall not lead to the overall invalidity of all provisions. The scope of the remaining agreements shall remain unaffected in this respect.

There are no ancillary agreements to this agreement.

 

If the customer is not a consumer, the place of jurisdiction shall be Cologne.

 

Status March 2021

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