Terms and Conditions

§1 Subject Matter

The following terms and conditions govern the business relationship between the customer, hereinafter referred to as participant or user, and the service provider:
Nautik Funk Berlin
Owner: Ingmar Neumann
Kaiserstraße 4
13589 Berlin, Germany
Tel: +49-151-14453758
Email: info@nautik-funk-berlin.de

§2 Participant and Service Provider

1. The service provider makes various boat types available for temporary use, and the participant uses the boats on the basis of the rental conditions. These rental conditions apply equally to all boat types in the fleet.

2. Participants or users are natural persons who have registered with the service provider and have concluded a valid usage contract with the service provider.

§3 Usage Contract

1. The usage contract for the boat(s) begins upon signing and ends automatically on 31 December of the same year, so the user does not need to submit a cancellation to terminate the contract. The service provider makes the boats booked by the participant available within the season periods specified in the contract form. The summer period may also start later and/or end earlier due to weather conditions (e.g. ice). In good weather conditions, the service provider may also make the boats available before the official season start or until after the official season end. Ordinary cancellation during the contract period is excluded.

2. The participant undertakes to pay the full usage price for the boats from 1 April or from the date of contract conclusion (which may also be after 1 April) until the end of the summer season (31 October).

3. The service provider carries out the necessary maintenance and care of the boats, provides winter storage and berths. The service provider also provides the necessary equipment, in particular the safety equipment for the boats. Children's life jackets are not provided.

4. Each participant receives certified copies of all necessary on-board documents (if required) against deposit, as well as keys or access codes for the security devices of the booked boats. Depending on the berth, the participant also receives keys for access to sanitary facilities (if available at the dock) for the property associated with the berth. In cases of exogenous shocks, such as a pandemic or force majeure, access to sanitary facilities and the dock may be temporarily excluded or restricted. In case of loss of a key or document, the participant must pay the costs of replacement to the service provider.

5. A deposit of €250 must be paid to the service provider at the start of the contract. The deposit is refunded within 14 days after the end of the contract, provided no damage has occurred, no further claims arising from the contract exist, and all keys and documents have been returned in full to the service provider. Replacement keys and documents can only be obtained through the service provider. Participants are not permitted to make their own copies of keys or documents.

§4 Obligations of the Participant

1. The participant must hold a valid and appropriate qualification certificate for the boat used in the respective navigation area. For participants under 18, the consent of a legal guardian is also required. The participant's qualification certificate must be presented to the service provider at the time of contract conclusion. The participant is also obliged to immediately inform the service provider of any changes to their qualification during the contract period (e.g. revocation of the certificate). Loss of the qualification certificate does not release the participant from contractual obligations; however, use of the boats without a valid certificate is strictly prohibited. Should the boat be operated without a valid certificate, the participant is fully liable for damages resulting from culpable breach of duty. However, by arrangement with the service provider, it is possible to bring along a person with a valid certificate who then assumes full responsibility for the boat as skipper, provided the service provider considers the replacement person suitable for the respective boat.

2. The participant must be in full possession of their mental and physical faculties and must not have consumed any drugs, alcohol or medication that could impair safe operation of the vessel (a strict limit of 0.0‰ blood alcohol applies on board all boatsharing boats).

3. The participant undertakes to handle the boat with care and in accordance with good seamanship. At the end of each use, the boat must be secured using the security measures provided by the service provider. The boat must also be left clean and ready for use after each use. Any damage occurring during use must be reported to the service provider immediately. The participant is the only skipper accepted by the service provider and may not transfer the boat to a third party without consultation with the service provider.

§5 Reservations

1. The participant may use the vessel independently at any time of day or night, provided the boat is equipped for the respective visibility conditions and no legal regulations prevent it. The only obligation is to enter the trip in the online reservation system provided by the service provider before departure, thereby blocking the boat for other participants. Should the online reservation system be unavailable for technical reasons, the service provider must be informed of the intended use in good time by email or telephone.

2. The participant may reserve the boat daily, provided it is not occupied by another user. Short-term (up to 5 days in advance) and long-term reservations (more than 5 days in advance) are distinguished. No more than 5 reservations per participant may be entered into the system in advance to prevent blanket blocking.

3. Due to the boatsharing principle and shared use of the boats with other users, there is no entitlement to use the boat at any desired time of day or night, as it may already be reserved by another user.

4. In case of non-use, a reservation must be cancelled immediately. Use of the boats without prior online reservation is not permitted.

5. Should one of the booked boats become temporarily unusable due to a technical defect, damage, maintenance work or other circumstances, the service provider is entitled to take the boat out of service until the defect is fully resolved. The service provider is entitled to provide the participant with a replacement boat at their own discretion. However, there is no entitlement to the provision of a replacement boat.
If no boat can be made available to the participant for a period of more than 7 consecutive calendar days, the usage fee already paid will be refunded proportionally for the period of unavailability.
If no boat can be made available to the participant for a period of more than 4 weeks, the service provider is entitled to terminate the contract extraordinarily. In this case, usage fees already paid in advance will be refunded proportionally.
Further claims by the participant, in particular for damages, reimbursement of expenses, lost usage opportunities or costs for renting another boat or substitute vehicle, do not exist unless the service provider caused the failure intentionally or through gross negligence.

6. The contract period extends from 1 April to the end of October of the current season. If the contract is concluded after the season start, only the months from the time of contract conclusion to the end of the season need to be paid. After payment is received, the booking system is activated for the boat and use of the boat is thus enabled. The usage fee is paid monthly from the beginning of April to the end of October (7-month system) and must always be settled by the participant by the first day of each month. Alternatively, the usage fee can also be paid in advance for the season (season system). In this case, the usage fee is due on 1 April of the current season or at the time of contract conclusion. For payment in the season system, the service provider offers a discount on the usage fee. This discount is determined at contract conclusion. In case of outstanding payment of the usage fee, the participant's right of use lapses until the usage fee has been paid in full.

7. In good weather, the season can also be extended. In this case, the participant can use the additional season periods upon payment of the proportional monthly fee. However, the option of season extension is voluntary.

8. The participant is obliged to inspect the boat for visible defects, damage and gross contamination before departure and to report these to the service provider by email or, if applicable, using the booking system. In case of doubt, the service provider must be contacted by telephone before departure to assess the nature and severity of defects, damage and/or contamination. If possible, the damage should be documented by photograph. The participant is obliged to provide complete and truthful information.

9. The service provider is entitled to prohibit the use of the boat if the safety of the trip appears to be compromised due to damage.

10. The service provider is entitled to contact the participant by telephone at the number stored in their personal data, or in writing (e.g. by email), in case of disruptions to the usage process. The service provider is entitled to prohibit further use of the boat if there is reason to suspect contractual violations.

11. After contract conclusion, the participant receives intensive training on the booked boat including its equipment. Should the service provider not be convinced of the participant's competence after this training, the service provider may terminate the contract without notice. In this case, no costs are incurred by the participant. Should the participant conclude after the training that they cannot safely handle the booked boat type, the participant may also terminate the contract in writing and free of charge within 7 days of the training by the service provider. The cancellation must be submitted to the named service provider either by post or email.

12. After successful training, the participant receives the necessary documents/keys and the service provider's authorisation to use the boat.

13. The participant is prohibited from:
a) operating the boat under the influence of alcohol, drugs or medication that could impair the ability to navigate (a strict alcohol prohibition of 0.0‰ applies on board all boatsharing boats),
b) using the boat for regattas of any kind without agreement with the service provider,
c) using the boat in fog and reduced visibility,
d) using a sailboat at wind speeds exceeding 38 km/h (from 6 Bft), including gusts. The sources specified by the service provider for measurement and/or forecast data from weather services are authoritative for assessing wind strength. In case of increasing wind speeds during the trip, the participant must act in accordance with the duty of seamanship care and take measures such as reefing or furling sails to ensure safe navigation,
e) using the boat during thunderstorm, strong wind and storm warnings,
f) using the boat for vehicle tests, driving lessons, or commercial transportation of persons,
g) using the boat for transporting highly flammable, toxic or otherwise dangerous substances, insofar as they significantly exceed household quantities,
h) transporting objects with the boat whose dimensions could impair navigation safety or damage the boat,
i) using the boat for committing criminal offences,
j) taking animals onto the boat,
k) grossly contaminating the boat or leaving waste of any kind on the boat,
l) removing objects belonging to the boat beyond the rental period,
m) having more persons on the boat than the approved capacity,
n) carrying out or having carried out unauthorised repairs on the boat,
o) taking children or infants on board without children's life jackets (Note: In Germany, children up to 8 years old are legally required to wear life jackets on board recreational vessels),
p) taking trips abroad with the boat and trailering the boat.

§6 Conduct in Case of Accidents, Damage, Defects, Repairs

1. Accidents, damage and defects occurring during the trip must be reported to the service provider immediately by telephone. This also applies to accidents, damage and defects that the boat already has at the start of rental.

2. The participant must have all accidents recorded by the police, regardless of whether the accident was self-inflicted or caused by a third party. The participant may not leave the scene of the accident until the police report has been completed and measures for evidence preservation and damage mitigation have been taken in consultation with the service provider.

3. The participant agrees that in the event of an accident, their personal data such as name, address, telephone number, date of birth, and email address may be disclosed to the police, the insurance company and the other party involved.

4. In the event of accidents, the participant may not issue any assumption of liability or comparable declaration regarding the boat they were operating.

5. Compensation payments in connection with damage to the service provider's boat are in any case due to the service provider.

6. The participant is fully liable for the consequences of traffic violations or criminal offences committed with the service provider's boat. They shall bear all resulting fees and costs and shall indemnify the service provider in full from claims by third parties.

7. For processing fine notices, the participant must pay a processing fee of €20 per notice to the service provider.

8. At the service provider's request, the participant must disclose the exact location of the boat at any time and permit inspection of the boat.

9. In the event of a self-inflicted accident, the participant is obliged to cover all costs incurred for the return transport of the boat to the berth.

10. If the sharing boat is used in gusts exceeding 6 Bft and this results in damage, the user bears the full cost.

11. The service provider endeavours to keep repair costs low and charges €25 plus VAT per hour as labour cost for damage that can be repaired in-house. To save further costs, the participant may, by mutual agreement, procure replacements themselves.

§7 Berth

1. Each boat has a fixed berth, which is usually provided by a third-party operator and is named in the contract. After use, the boat must be returned to the berth named in the contract, cleaned and secured.

2. The participant undertakes to comply with the house and property rules for the respective berth attached to the contract. In the event of violations of these rules, the service provider may terminate the contract at any time. In this case, usage fees already paid in advance will be refunded to the participant proportionally from the month following the cancellation.

§8 Insurance

1. The boats are covered by liability and comprehensive insurance. The coverage area is Germany-wide. The insurer is named in the usage contract.

2. The insurance does not necessarily cover damage resulting from, for example, negligent behaviour by the participant, such as boat use from gusts of 6 Bft. The decision on the respective liability situation is made by the insurer.

3. If the used boat is damaged during the participant's usage period or the participant causes damage, the participant is liable up to the amount of the deductible, unless the damage was caused intentionally or through gross negligence or is based on contractual misuse. The amount of this deductible is recorded in the usage contract and applies per boat used and per claim.

4. In the event of a self-inflicted accident, the insurance does not cover the costs of return transport of the boat to the contractually agreed berth after repair; these are borne by the participant.

§9 Liability

1. Strict liability for initial defects is excluded, unless liability for damages arising from injury to life, body or health exists.

2. The service provider's liability exists in accordance with statutory provisions.

3. The participant is liable to the service provider for damage they have caused to the boat. This includes in particular the theft, damage or loss of the boat as well as keys and accessories.

4. The participant is liable for full damages if the damage or loss of the boat or damage to others has occurred because the participant or third parties for whom they are responsible have culpably violated the service provider's terms or statutory provisions and the insurance coverage has thereby been impaired.

5. In the event of the participant's liability without insurance coverage of the boat insurance, the participant shall indemnify the service provider from claims by third parties.

6. In the event of a self-inflicted accident, the participant's liability extends up to the amount of the agreed deductible, also covering incidental damage costs such as expert fees, towing and salvage costs, diminished value, rental loss costs, insurance premium increases and additional costs for resulting administrative expenses. In the event of contractually non-compliant use (e.g. operating without a boating licence), the participant is liable for the full amount of damage.

7. The limitation of liability to the amount of the deductible does not apply in the event of damage caused by the participant's misuse of the boat.

8. If the participant unauthorisedly transfers the boat to a third party, the service provider may demand an appropriate contractual penalty of up to a maximum of €500. The participant reserves the right to prove that no or lesser damage has occurred.

9. In the event of significant culpable contractual violations, the service provider may exclude the participant from boat use with immediate effect, either temporarily or permanently.

10. If the participant is more than 14 days in arrears with payments, the service provider is entitled, after prior reminder, to terminate the contract extraordinarily. In the event of late payment, the participant will be charged €5 per reminder.

§10 Prices

All prices are final prices and include the statutory value added tax.

§11 Invoice

After contract conclusion, the participant receives an invoice for the agreed service. The participant agrees that necessary personal data such as name, email address and postal address may be transmitted to an authorised representative of the service provider for invoicing purposes.

§12 Right of Withdrawal

(1) Right of withdrawal for distance contracts
If the contract is concluded exclusively using means of distance communication (e.g. by email or telephone), consumers have a statutory right of withdrawal pursuant to § 355 BGB (German Civil Code).

(2) No right of withdrawal for contracts concluded in person
If the contract is concluded in person at the service provider's premises, there is no statutory right of withdrawal.

(3) Commencement of service before expiry of the withdrawal period
If the participant in a distance contract expressly requests that the service provider begin the service before the expiry of the withdrawal period (e.g. by activating the booking system or handing over boat access data), the participant confirms that they are aware that they may lose their right of withdrawal upon complete fulfilment of the contract.

(4) Withdrawal instructions
In the event of a distance contract, the participant receives separate withdrawal instructions.

§13 Withdrawal / Cancellation

The service provider is entitled to terminate the contract if unforeseeable circumstances arise, such as force majeure (e.g. strong winds, lightning, hail or other unforeseeable extraordinary events), destruction of boats through collisions, theft or vandalism, official prohibitions, or federal orders that prevent the planned service from being carried out as in normal business operations. In these events of force majeure, the service provider is released from the obligation to perform for the duration of the impairment. Fees already paid will be refunded proportionally. Further compensation claims do not exist.