AGB

General terms and conditions of business


§ 1 Scope

The following terms and conditions (T&Cs) apply to all charter trips offered by BBS eGbR, as well as to all related services. In addition to these T&Cs, the German Civil Code (BGB) applies. Furthermore, German law shall apply exclusively.


§ 2 Conclusion of Contract

The contract must be concluded in written form (email, SMS, WhatsApp or in writing)!

All offers are subject to change without notice. A contract is only formed upon written order confirmation.


§ 3 Services, changes and impossibilities of performance, prices and terms of payment.

  1. The provider is obliged to perform the contractually owed services, in particular the provision of the ship for the agreed period of use in operational condition including technical equipment and the necessary crew in accordance with the relevant legal provisions.
  2. If the charter is disrupted due to force majeure, in particular extreme weather conditions, waterway or lock closures, unforeseen technical defects on the vessel, or other reasons beyond the provider's control, the provider will inform the customer immediately. Should the use of the agreed-upon vessel be impossible for the reasons stated in the first sentence, the provider may use a comparable alternative vessel, provided this is not unreasonable for the customer under the circumstances. The customer is not entitled to compensation as a result. Should the execution or continuation of a charter trip on the agreed-upon route not be possible for the reasons stated in the first sentence, the route may be changed, provided this is not unreasonable for the customer. If a route change is not possible during an ongoing charter trip, the trip may be terminated. The customer is not entitled to compensation as a result. Should it be impossible to carry out a charter trip for the reasons stated in sentence 1, the provider shall make the vessel available to the customer for the rental period at the nearest suitable mooring point accessible by the vessel.
  3. The customer is obligated to pay the agreed-upon or customary prices for the charter and any other services used. This also applies to services used by charter participants whom the customer brings on board as part of the charter. The customer is liable for payment of all services used by the charter participants and for the costs incurred by them. This also applies to expenses incurred by the customer with third parties, in particular claims from copyright collecting societies.
  4. The price stated in the charter agreement includes the services specified in the charter agreement, including the expenses required for the operation of the vessel, as well as any applicable port, canal and lock fees, insofar as these relate to the Port of Hamburg, and the respective statutory value added tax.
  5. Unless otherwise agreed, invoices are payable within 14 days of receipt.
  6. In case of late payment, the supplier is entitled to charge the applicable statutory default interest, currently 5%. For each reminder issued after the due date, the customer must reimburse reminder fees of €5.00. The customer is free to prove that no costs or only significantly lower costs were incurred. All further costs incurred in the course of debt collection shall be borne by the customer.
  7. The customer is only permitted to offset counterclaims if they are undisputed, legally established, or ready for a decision.
  8. If, after the contract has been signed, circumstances come to light that cast doubt on the customer's creditworthiness, the provider is entitled to withdraw from the contract or to provide the agreed services only against advance payment or provision of security. Doubts about the customer's creditworthiness exist in particular if insolvency proceedings have been initiated against the customer's assets or if an application for the initiation of insolvency proceedings has been filed. Furthermore, doubts about the customer's creditworthiness also exist if there are outstanding payments from other contractual relationships with the shipping company.


§ 4 Customer's withdrawal (cancellation, cancellation)

A customer's cancellation of the contract with the shipping company must be in writing and is free of charge up to 14 days before the agreed sailing date. If the customer cancels later, the shipping company is entitled to charge a cancellation fee.

demand. This amounts to [amount] in case of cancellation before the start of the service.

10% up to the 14th day

From day 13 to day 10, 30%

From day 9 to day 6, 40%

From day 5 to day 2, 70%

after the 2nd day

or in case of no-show, 80%

The agreed remuneration. The deduction of saved expenses has been taken into account. However, the customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.


§ 5 Withdrawal by the provider

  1. If an agreed payment is not made by the agreed due date, the provider is entitled to withdraw from the contract.
  2. The provider has the right to withdraw from the contract if there are doubts about the customer's creditworthiness; reference is made to Section 3 No. 8 of these Terms and Conditions.
  3. Furthermore, the provider is entitled to withdraw from the contract for objectively justified reasons, for example if
  4. Force majeure or other circumstances beyond the supplier's control that make the fulfillment of the contract impossible
  5. Charter trips booked under misleading or false pretenses regarding essential facts, e.g., the identity of the customer or the purpose,


§ 6 Change of Charter Period

If the start or end times of the charter trip are delayed through no fault of the charter provider, the provider may charge a reasonable fee for the additional service. The customer has no right to unilaterally change the charter time. The charter price includes 15 minutes of additional time for boarding and disembarking guests, in addition to the agreed charter time. Any additional time required by the customer, e.g., for rigging and unloading, will be billed separately at the agreed hourly rate.


§ 7 Liability of the provider

  1. Claims for damages by the customer are excluded unless otherwise specified below. This exclusion of liability also applies to the benefit of the provider's legal representatives and agents, insofar as the customer asserts claims against them. Excluded from this exclusion of liability are damages resulting from injury to life, body, or health if the provider is responsible for the breach of duty. Also excluded are other damages resulting from an intentional or grossly negligent breach of duty or an intentional or grossly negligent breach of essential contractual obligations by the provider. The maximum liability for claims arising from the death or injury of persons transported on the vessel under this contract is governed by Section 5k, Paragraph 2 of the Inland Waterways Act. The maximum limits stipulated therein apply. The limitation to the maximum amount does not apply if the damage is attributable to an act or omission committed by the provider itself with the intent to cause such damage or recklessly with the knowledge that such damage would probably occur. Should any disruptions or defects occur in the services provided by the supplier, the supplier will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to resolve the disruption and minimize any potential damage. Furthermore, the customer is obligated to inform the supplier promptly of the possibility of exceptionally high damages occurring. Disruptions or defects must be reported by the customer directly to the charter company for investigation.
  2. The supervision of children is the responsibility of their parents or accompanying adults. In particular, they must ensure that the children's safety is not endangered by their behavior on board and on the jetties.


§ 8 Decoration

  1. Setting up and attaching decorations or other items is not permitted without the express consent of the crew. If permission is granted, all decorations must comply with fire safety regulations. The provider accepts no liability for any health problems resulting from the setting up and attaching of decorations, or for damage to or loss of decorations.


§ 9 Loss or damage to personal belongings

  1. Personal belongings brought on board are at the customer's own risk. The provider accepts no liability for loss, destruction, or damage, including financial losses, except in cases of gross negligence or willful misconduct on the part of the provider in the performance of its contractual obligations. Furthermore, this exclusion of liability does not apply in cases where safekeeping constitutes a typical contractual obligation due to the specific circumstances. Apart from the cases mentioned in the third sentence, a safekeeping agreement requires an explicit agreement.
  2. Any items left behind must be collected by the passenger from the service provider. If the items have no discernible value, the service provider reserves the right to dispose of them after three months.
  3. Lost and found items must be handed over immediately to the ship's crew for forwarding to the provider.


§ 10 Official Permits and GEMA Notification

  1. The customer is responsible for obtaining any necessary official permits, conditions, and approvals for the charter trip in a timely manner and at their own expense. They are also responsible for complying with all public law requirements and other regulations.
  2. Music and dancing on board must be registered with GEMA by the customer in good time before departure. The customer is responsible for paying the GEMA fees.
  3. The customer shall indemnify the shipping company against claims by third parties, including public departments and authorities, in the event of noise and environmental pollution.


§ 11 Customer's Liability for Damages

The customer is liable for all damage to the ship, its furnishings, inventory and jetty facilities, etc., caused by charter participants, employees or other third parties within his sphere of influence or by himself.


§ 12 Hospitality

  1. Catering services are not included in the agreed charter price unless expressly agreed otherwise.
  2. The barge operator assumes no liability for catering services unless these are expressly included in the charter agreement.
  3. Without the express consent of the provider, the customer is not permitted to provide catering services on board the ship himself or to have them provided by third parties.


§ 14 Other Conditions of Carriage

  1. Bulky luggage can only be transported if space is available. Flammable, explosive, corrosive, and foul-smelling substances cannot be transported.
  2. Wheelchairs and strollers can only be taken on board in limited numbers or by prior arrangement.
  3. Bringing dogs or other animals on board requires the approval of the crew.
  4. The captain reserves the right to exclude or remove from the vessel any persons or groups who are heavily intoxicated or under the influence of drugs. The same applies to persons or groups whose behavior poses a danger to safety.


§ 15 Jurisdiction, Choice of Law, Final Provisions

  1. The place of performance and payment is the supplier's registered office.
  2. The exclusive place of jurisdiction for commercial transactions is the supplier's registered office. The same applies if the customer meets the requirements of Section 38 II of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany.
  3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Definitions: A charter or charter trip within the meaning of these terms and conditions exists when the provider makes a vessel (barge) with crew available to the customer for the purpose of carrying out a trip and/or event on board for their exclusive use.


§ 16 Severability Clause

The invalidity of one or more of the foregoing provisions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that achieves the intended economic purpose to the greatest extent possible.



Status January 2026