GENERAL TERMS AND CONDITIONS

Regarding charter and extra tours
with the shipping company Frankfurter Personenschiffahrt A. Nauheimer GmbH

(please note that this is a courtesy translation of the company’s terms and conditions. We are legally bound to the German version of this text)

1. Applicability

Theses general terms and conditions shall apply for contracts between the shipping company Frankfurter Personenschiffahrt A. Nauheimer GmbH (hereafter “Primus-Linie”) and the customer regarding the execution of charter/extra tours and all perquisites this might entail (e.g. gastronomic supplies)

2. Conclusion of contract

2.1 The contract between the customer and the Primus-Linie regarding the execution of charter/extra tours shall receive formal approval once the customer submits a booking with the subsequent approval on behalf of Primus-Linie. This booking represents a legally binding offer, which we can choose to accept within 5 working days by sending a written booking confirmation.

2.2 We have the right to deny the conclusion of the contract.

3. Range of services

3.1 We shall transport the customer and any attendees appointed by the customer on the route mentioned in the contract. The Primus-Linie shall make the passenger areas of the ship available to the customer and any attendees appointed by the customer during the period mentioned in the contract. All passenger areas have a standard furnished layout. Any furnishing arrangement that differs from the standard or any removal of furniture as well as any difference in technical equipment are not part of the contract – unless agreed beforehand with the customer.

3.2 For the fulfilment of the contract, we provide the necessary staff for the ship including the captain and reserve the right of choice regarding the staff.

3.3 Gastronomic services during the trip may take place according to figure 5.

3.4 Additional demands, such as musicians, artists, special prints of menus, flower arrangements etc are not part of the contractual payment and are only owed if they were explicitly agreed on in advance.

3.5 Musicians and artists are commissioned by the customer who is also responsible for their payment. If the customer commissions Primus-Linie to organise musicians and artists in his or her name, their fees shall be payable to us in advance. We explicitly point at the fact that any possible declaration with the responsible GEMA agency is incumbent on the customer. This also refers to any payments to GEMA that are not part of the contract with Primus-Linie.

3.6 We reserve the right to execute all contractual services with rented / chartered ships.

4. Terms of carriage

4.1 The Primus-Linie terms of carriage are part of the valid version of the contract. All passengers shall observe the instructions of the crew and adhere to the valid terms of carriage. The customer must refer all appointees to the terms of carriage (to find under www.primus-linie.de -> English -> terms and conditions).

4.2 In case of contradiction between the terms of carriage and these general terms and conditions or the contract with the customer, the general terms and conditions overrules the terms of carriage. The arrangements in the contract overrule both, the terms of carriage and the general terms and conditions.

4.3 If the customer wishes to use gastronomic and/or shipping vouchers for his participants, he or she must pass a sample voucher to the crew in advance.

4.4 Executing political events is subject to prior agreement with Primus-Linie. If a customer conducts a political event without written consent or if reasonable cause exists that an event disturbs the security of participants and smooth running of business operations, we reserve the right to resign from the contract which will be terminated immediately.

4.5 The customer is liable for any damages caused by his or her participants during the trip.

5. Gastronomic services on board

5.1 Content and extent of any gastronomic services are part of the contract with the customer.

5.2 A full „à-la-carte service“ can only be offered if this was arranged explicitly prior to the trip. If no consistent buffet or menu was agreed upon we can only offer a reduced choice of food from our galley.

5.3 Bringing food and beverages for consumption on board is strictly forbidden. No customer or other third party may bring own food and beverages on board. This also refers to any catering or other external gastronomic services the customer may order.

5.4 The customer has the right to alter any food and beverage arrangements until 10 days prior to the date of event. We need to be informed of any changes in writing which we will then confirm. As of the 9th day prior to the event food costs will be calculated related to the number of persons. For beverage packages we accept reductions up to 10%.

6. Payment

6.1 The transportation fee results from the contract with the customer.

6.2 The fee for gastronomic services is determined by the selected board of the customer and the actual consumption of beverages on board. The latter is subject to our current list of beverages at the time of the event.

6.3 All prices and other amounts include VAT.

7. Terms of payment

7.1 The transportation fee will be charged prior to the date of the charter event. We reserve the right to ask for an advance payment on gastronomic services amounting to 50% of the expected total sum of gastronomic consumption until 2 weeks prior to the event.

7.2 Full payment is due no later than 3 weeks prior to the date of the event.

7.3 In case of a delay in payment we reserve the right to apply a default interest rate of 5% above the base rate at an appropriate time. We reserve the right to enforce further claims because of delay in payment. Especially where payment is due before the commencement of the charter trip we have the right to resign from the contract after appropriate respite.

8. Force majeure

Transportation along a shipping route can only occur within the existing rules of public regulations. We reserve the right to alter or cancel any routes previously agreed on in the contract in cases of force majeure, such as fog, ice drift, high or low tides, average, suspension of waterways or locks or any other justifiable causes that are in the interests of our passengers’ safety. The control over the ship shall lie solely with Primus-Linie. We shall respect any rights from the customer as stated in the contract as much as possible in the given situation. If transportation is rendered impossible before the commencement of the journey, we are released from any liabilities and the customer is entitled to legal claims.

9. Cancellation

9.1 The customer has the right to cancel or resign from the contract before the date of the charter/event. In case of cancellation the customer is obliged,

9.2.1 to effect a payment regarding the transportation fee

- Notice of cancellation up to 3 months before the charter/extra tour, 20% of agreed transportation fee

- Notice of cancellation up to 2 months before the charter/extra tour, 60% of agreed transportation fee

- Notice of cancellation up to 1 month before the charter/extra tour, 80% of agreed transportation fee

- Notice of cancellation less than 4 weeks before the charter/extra tour, 100% of agreed transportation fee

9.2.2 to effect payment regarding the gastronomic services the agreed remuneration minus saved expenses, whereby the consummation of beverages will be charged at a rate of 10.00 euros per anticipated passenger. The customer has the opportunity to proof that a lesser or no damage has occurred.

9.3 A notice in written form is applicable for all deadlines regarding notices of cancellation.

10. Liability

10.1 The following legal liability regulations are valid

10.2 According to statutory regulations, we are liable for bodily harm, loss or damage of luggage, damage caused by fraudulent behaviour as well as by intent or gross negligence caused by lawful representatives.

In addition we are liable for compensation limited to the amount foreseeable and inherent for this type of contract unless otherwise agreed upon or regulated differently by statutory law for damages occurred by negligence or by cardinal obligation. Cardinal obligations in this sense entail obligations that should be complied with regularly and which are prerequisites for the enforcement of this contract. Liability for slight negligence is excluded.

11. Final clause

11.1 If the customer is a merchant, the customer can only accumulate claims if his or her demands have been legally finalised, uncontested and confirmed. Invoking a withholding right is barred if it results from claims stemming from another contractual relationship.

11.2 The assignment of a claim against Primus-Linie is not possible.

11.3 The privity of contract between the customer and Primus-Linie is subject to the legislation of the Federal Republic of Germany.

11.4 If the customer is a merchant, has no general domestic court of jurisdiction, no place of residence after conclusion of the contract or relocated the place of residence aboard, or if no place of residence or whereabouts are known at the point of commencement of action, the court of jurisdiction for all disputes is Frankfurt am Main. We reserve the right to sue the customer at his or her place of residence.

11.5 Frankfurter Personenschiffahrt Anton Nauheimer GmbH is not taking part in an alternative dispute resolution at a customer conciliation center.