GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Regarding charter and extra tours
With the shipping company Frankfurter Personenschiffahrt Anton 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 Anton Nauheimer GmbH and the customer regarding the execution of charter/extra tours and all perquisites this might entail (e.g., food service)

2. Conclusion of contract

2.1 The contract between the customer and the Frankfurter Personenschiffahrt Anton Nauheimer GmbH regarding the execution of charter/extra tours shall receive formal approval once the customer submits a booking with the subsequent approval on behalf of the Frankfurter Personenschiffahrt Anton Nauheimer GmbH. This booking represents a legally binding offer, which we can choose to accept within 7 workdays.

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

2.3 After conclusion of the contract we issue a written booking confirmation, if the conclusion of the contract takes place at least 7 days before the chartered tour.

3. Range of services

3.1 We shall transport the customer and any attendees selected by the customer on the route mentioned in the contract. The Frankfurter Personenschiffahrt Anton Nauheimer GmbH shall make the passenger areas of the boat available to the customer and any attendees selected by the customer. 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 differences in technical equipment are not part of the contract unless agreed upon beforehand with the customer.

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

3.3 Food services during the trip may take place according to paragraph 5.

3.4 Additional demands, such as musicians, artists, special copies 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/her name, their fees shall be payable to us in advance. We explicitly point out 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 Frankfurter Personenschiffahrt Anton Nauheimer GmbH.

3.6 We reserve the right to carry out all contractual services with rented / chartered boats.

4. Terms of carriage

4.1 The Frankfurter Personenschiffahrt Anton Nauheimer GmbH's 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 guests to the terms of carriage.

4.2 In case of inconsistency between the terms of carriage and these general terms and conditions or the contract with the customer, the general terms and conditions and respectively the contract with the customer shall override the terms of carriage.

4.3 If the customer wishes to use food services and/or shipping vouchers for his participants, he/she must provide a sample voucher to the crew.

4.4 Carrying out political events is subject to prior agreement with Frankfurter Personenschiffahrt Anton Nauheimer GmbH. If a customer conducts a political event without written consent or if reasonable cause exists to confirm that an event disturbs the security of participants and routine business operations, we reserve the right to resign from the contract, which will be terminated at once.

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

5. Food services onboard

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

5.2 A full "a la carte" service can only be offered if arranged prior to the trip. If no consistent buffet or menu was agreed upon we can only offer a limited choice of food from our galley.

5.3 Bringing food and beverages onboard is strictly forbidden. No customer or other third party may bring their own food and/or beverages onboard. This also refers to any catering or other external food 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 chartering event. We must be informed of any changes in writing, which we will then confirm. As of the 9th day prior to the chartered event any changes made on the food or beverage arrangements are only allowed for a maximum of 5% of the advance order.

6. Payment

6.1 The transportation fee is defined in the contract with the customer.

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

6.3 All prices and other figures include VAT, as well other possible charges, taxes and fees (e.g., the use of the river's locks).

7. Terms of payment

7.1 The transportation fee will be charged prior to the date of the chartered event. We reserve the right to ask for an advance payment on food services amounting to 50% of the expected complete sum of food consumption 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 a given time. We reserve the right to enforce further claims due to delay in payment. Where payment is due before the commencement of the chartered 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 boat shall lie solely with Frankfurter Personenschiffahrt Anton Nauheimer GmbH. 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.

9.2 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 chartered/special tour, 20% of agreed transportation fee
  • Notice of cancellation up to 2 months before the chartered/special tour, 60% of agreed transportation fee
  • Notice of cancellation up to 1 month before the chartered/special tour, 80% of agreed transportation fee
  • Notice of cancellation less than 4 weeks before the chartered/special tour, 100% of agreed transportation fee

9.2.2 To effect payment regarding catering or food services according to the agreed remuneration, deducting saved expenses, whereby the consummation of beverages be charged at a rate of 10.00 euros per anticipated passenger

The customer has the opportunity to prove that 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 Frankfurter Personenschiffahrt Anton Nauheimer GmbH 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 abroad, 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.