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Sea Owl Lake Constance Charter

         

  1. recognition

The tenant expressly recognizes these general terms and conditions as an integral part of the rental contract, in particular the liability for damage caused by the tenant to the rental property or to third party property and he / she is concerned that he / she is properly informed about the handling of the rental property.
By signing the rental agreement, the tenant also confirms that he / she has read and accepted the data protection provisions listed on the landlord's homepage.

  1. Start and end of rental

A valid contract is only legally binding after the deposit has been paid and the rental agreement has been signed by both parties at the handover location. The reservation on the booking portal and the payment of the reservation fee do not constitute a rental relationship. The contractual relationship ends with the proper return of the rental property and the settlement of fuel consumption and any Damage. The landlord must be informed immediately if the rental is prevented from starting or if the rental is unexpectedly extended.
If the rental property is returned after the agreed time, the following compensation is due for exceeding the rental period:
up to 30 min. 50 CHF / up to 60 min. 100 CHF / over 60 min. 200 CHF plus 100 CHF for each additional half hour started. A reduction in the agreed rental period does not entitle you to a price reduction.

  1. Reservation and cancellation

Reservations are binding. With the reservation, a deposit / reservation fee of 30 percent of the rental price is due, which must be paid within 7 days of the reservation. The reservation can on the day of the rental start, in front Start of rental be postponed to another available date free of charge if the strong wind or storm warning lights are on. The tenant receives a corresponding credit, which can be obtained in the current calendar year. The water temperature of Lake Constance is no reason for a free cancellation. If the rental is canceled prematurely for any reason (including bad weather), no refund can be made.
The remaining 70 percent of the rental price must be paid no later than 14 days before the start of the rental period. If the payment has not been received up to 14 days before the reserved period, the reservation will be canceled and the boat will be released for rental again. In this case, the deposit will be retained and, if applicable, the difference to the cancellation costs will be charged. In the case of rental transactions that are completed less than 7 days before the start of the rental, payment must be made when the boat is handed over.

The cancellation costs for cancellation of the booking are:
A booking cancellation free of charge is possible up to 45 days before the start of the rental period.
45 to 31 days before the start of the rental 50% of the price
30 to 15 days before the start of the rental 70% of the price
0 to 14 days before the start of the rental 100% of the price
The cancellation must be made in writing.

  1. deposit

When the boat is handed over, a deposit is due, which can be deposited in cash or by credit card. The deposit will be paid back at the end of the rental period, provided there is no damage to the boat or the equipment or no additional costs for fuel are to be charged.

  1. Price adjustments

In the event of subsequent price increases for third-party services, newly introduced or increased taxes or fees, changes in exchange rates, changes in the VAT rate or similar, the landlord can adjust the prices and pass them on to the tenant. Price changes are not likely, but are expressly reserved.

  1. Authorization to drive the boat / permits

Those who, as the tenant, have a valid driver's license for the relevant category (valid A-license, D-license or equivalent driving license) and have knowledge of the applicable regulations in Switzerland are entitled to drive the boat. The original driver's license must be presented at the start of the rental. Furthermore, third parties authorized by the tenant expressly and under his responsibility are entitled to drive the rental boat who meet the same requirements. Learning drives with the rental vehicle are prohibited.

Since Lake Constance is an international border water, all passengers have to carry a valid ID (passport, identity card) with them. A copy of the boat driver's license will be made before the rental begins.

  1. handing over

The handover of the boat takes place on presentation of a valid driver's license and after payment of the deposit. During the handover, a handover protocol is drawn up by an employee of the landlord and signed by both contracting parties.
The lessee will be shown by a representative of the lessor on the occasion of the boat handover where the boat papers and the minimum equipment are.
The lessee is obliged to adhere to the maximum load as well as the maximum number of people permitted on board (each boat is provided with a sticker and information on the number of people and the load).
The lessor reserves the right to cancel the rental contract at any time, should it become apparent, for example, that the lessee cannot handle the vehicle properly.

  1. business

The tenant is obliged to adhere to the provisions of federal and international shipping law as well as the cantonal laws and local port regulations. He is personally liable for all punished violations of shipping law. Driving a motor boat under the influence of drugs or alcohol is prohibited.

In particular, the following regulations must be observed:

  1. Maximum number of people on board and weight of the cargo according to the ship's ID.
  2. Speed limits and distances to the shore, other ships etc.
  3. Driving on the bank zone (300 m bank zone).
  4. Adherence to the times for water skiing, wakeboarding and wakesurfing (08.00-21.00).
  5. Compliance with the driving rules according to shipping law. In the event of a storm warning, the tenant is obliged to call at the nearest port immediately.
  6. The Upper Rhine from Stein am Rhein to Schaffhausen can only be used with the Upper Rhine patent.

The tenant avoids shoals according to the seafaring maps and is liable for all damage caused by ground contact (propeller).
The fenders must always be set within a port.

  1. Animals / smoking

Bringing animals and smoking on the rental property is not permitted.

  1. cleaning

The boat is delivered in a clean and ready-to-drive condition. The tenant undertakes to take care of the boat and to return it in a tidy condition.
Bei der Rückgabe wird der Zustand des Bootes, das Bootszubehör und allfällige Sportgeräte durch eine Vertretung der Vermieterin kontrolliert. Für die Endreinigung wird eine Pauschale von 75 CHF verrechnet.

  1. Fuel costs

Treibstoff und Motorenöl sind bei der Übergabe des Bootes voll aufgefüllt. Das Boot verfügt über eine digitale Verbrauchsmessung. Das Betanken mit Kanistern ist verboten. Sämtliche Treibstoffkosten gehen zu Lasten des Mieters/der Mieterin. Die Treibstoffverbrauchs Kosten werden bei Rückgabe des Boots abgerechnet. Die Treibstoffkosten werden mit 2.30 CHF pro Liter abgerechnet.

Refueling with the wrong fuel and the associated costs will be charged to the renter. The fuel receipt, if available, must be presented upon return. 

  1. Skipper service

The landlady offers a skipper service. This service must be reserved at least 14 days before the start of the rental. The additional service is charged at CHF 50.00 per hour or part thereof.

  1. Obligations in the event of an accident

The tenant ensures that the landlord and the maritime police are notified immediately, that an accident sketch is drawn up and that the names and addresses of the persons involved in the accident and witnesses are identified. Verbal or written promises to third parties regarding benefits to injured parties are to be omitted and remain irrelevant for the landlord.

  1. Liability comprehensive insurance

The lessor's boats are insured against third party liability. There is also a fully comprehensive insurance. The landlord completely rejects any responsibility and cost consequences in the event of personal injury. The users and guests of the rental boats are responsible for an appropriate accident / personal protection insurance.

  1. Damage to the boat

The tenant is liable for any damage that occurs during the rental period. In the event of damage, the landlord can claim the deposit paid by the tenant up to the amount of the contractual deductible. In addition, the tenant remains personally liable for any damage that is not covered by the liability and fully comprehensive insurance (e.g. cut upholstery, defective equipment, personal injury, etc.). This also applies in particular to the compensation for business interruption in the amount of one day's rent per necessary repair day for damage caused by the tenant (does not apply to technical defects).

Damage to the drive unit (propeller, etc.) caused by driving in shallow waters must be borne in full by the tenant, even outside of the deposit amount.

In the event of gross negligence and for willfully caused damage and the associated costs that arise from handling the boat not adapted to the situation, inadmissible driving maneuvers or non-observance of the storm warning, the lessee is fully liable.

  1. Repairs

The tenant is obliged to check the rental property before commencing the rental. A handover report is drawn up by the landlord upon acceptance and return. If the tenant remains silent, it is assumed that the rental property is in order upon handover. Necessary repairs are only to be carried out by a workshop designated by the landlord. Repairs or changes to the rental property may not be carried out without the consent of the landlord.

  1. Liability of the landlord

The landlord is not liable for any damage that the tenant could incur as a result of any defect on the rental property that prevents further travel, loss of time or other consequential damage.

  1. Contract performance

In the event that the rental property cannot be made ready to drive in the time between the conclusion of the contract and the start of the rental, the lessor has the right to withdraw from the contract without any compensation. If the tenant violates contractual provisions, the landlord can easily offset the damage it has incurred against the deposit. We expressly reserve the right to make further claims.

  1. Loss of property

If the landlord's property (keys, equipment, etc.) is lost, compensation will be charged for the new purchase / replacement. There is no liability for property left behind by the tenant.

  1. Location services / GPS on the boats

The lessee is aware that the boats rented out by the lessor are equipped with GPS, which enable them to be located to within 5 meters.

  1. additional rules

Prior verbal agreements are only legally effective if they are recorded in writing by the landlord on the rental agreement.
In addition to these general terms and conditions, the Swiss Code of Obligations applies, in particular Art. 256, 259a and 259e OR (tenancy law).

  1. Place of jurisdiction / applicable law

The ordinary courts at the landlord's registered office are solely responsible for assessing all disputes arising from this contract. The tenant expressly declares that he has renounced his place of jurisdiction to the place of jurisdiction agreed here.

Only Swiss law is applicable.

Müllheim-Dorf, December 2020

Terms and Conditions version 2020/1