§1 scope

(1) These general terms and conditions apply to all events and boat / SUP rentals carried out by us for our customers. They also apply as framework agreements for future events and boat / SUP rentals with the same customer, without us having to refer to them again in each individual case. We will inform the customer immediately about changes to our terms and conditions.

(2) Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing.

(3) References to the validity of statutory provisions only have a clarifying meaning. Even without such a clarification, the statutory provisions apply, unless they are expressly changed or excluded in the General Terms and Conditions.

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§2 conclusion of contract

With the booking of a guided boat or SUP tour or a boat / SUP rental, the customer offers the organizer / lessor Kanuliebe the conclusion of an event contract or a rental contract. The customer thereby accepts the terms and conditions of the organizer / lessor Kanuliebe. Ancillary agreements that change the scope of the contractual services require written confirmation by Kanuliebe. We point out that Kanuliebe only concludes contracts with (according to § 2 BGB) persons of legal age and legal capacity (cf. § 104 and § 106 BGB).

 

§3 reservations

The rental of boats / SUPboards can be booked in advance for a minimum rental period of 3 hours by providing correct and complete personal data. The same applies to guided boat / SUPboard tours (minimum duration 2.5 hours). The booking is usually made electronically on the Internet via our homepage or by email. Reservations made by telephone remain non-binding and must in any case be confirmed in writing by email in order to be binding. A written order confirmation will be sent in any case.

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§4 Suitability, takeover, management of the boat (s) or the SUP board (s)

(1) Before the start of the journey, the renter and accompanying persons are aware that boat or SUP board trips or are associated with an increased risk situation (e.g. due to capsizing of the boat, etc.).

(2) Boat and / or SUP rentals: The renter is also the boat driver. He * she is liable in terms of traffic law, insurance law and criminal law if personal injury and / or property damage occurs. Other persons, apart from the renter, who are used to drive the boat, must be named before the start of the journey.

(3) Kanuliebe reserves the right to refuse to hand over the boat if, in their opinion, the boat operator cannot accept this responsibility, in particular through the consumption of alcohol and / or other intoxicants. the tenant is not entitled to repayment of the rental price.

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§5 weather conditions

Boat and canoe tours can generally be carried out in most weather conditions during the season (April to October inclusive). The risk of bad weather is reasonable for the customer when booking an outdoor event and must be taken into account. Kanuliebe assumes no liability or risk with regard to weather conditions. Any weather conditions are neither a contractual condition nor a contractual basis. The effects of weather conditions shall be determined exclusively by the actual conditions at the place of performance at the agreed time of performance. Forecasts from warning and weather apps are expressly not taken into account.
Even thunderstorms, which are usually short-lived, do not represent an increased risk. The waterways used, such as the Spree and the Landwehr Canal, are narrow, which makes it possible to stay close to the banks and wait ashore until the tour can be continued. Only persistent bad weather (especially storms) on site, which affects the entire planned duration of the boat tour and jeopardizes the safe operation of the boats, can lead to the cancellation of the event or the boat rental for safety reasons. In the event that the customer does not start the boat tour, Kanuliebe shall be entitled to compensation corresponding to the services provided and expenses incurred. Cancellation of a boat tour that has already started does not entitle the customer to a price reduction.

 

§6 safety regulations (rental and event)

(1) Kanuliebe attaches great importance to safety-relevant aspects in the implementation of the events / rentals and the material provided. Therefore, all events / rentals begin with a briefing in handling the boats / SUPboards and in the basic rules of inland shipping by the organizer. This briefing is included in the costs, but is a mandatory part of the event / rental period. The safety instructions of the Kanuliebe staff must always be followed by all participants. We reserve the right to exclude individual participants from the further course of the event / boat rental in the event of repeated violation of the safety instructions.

(2) Every participant must be able to swim and be in a healthy physical condition. Children, especially if they are non-swimmers, must properly wear faint-proof vests throughout the boat trip. Parents / other supervisors have to fulfill their duty of supervision and are responsible for the safety of the children / persons they are supervising (wearing life jackets, behavior in the boat, etc.). Kanuliebe is expressly exempt from any supervisory duties.

(3) For the use of our boats / SUPboards, the sport boat rental regulations - inland, which are available for inspection in the boathouse, apply. This includes, among other things, that the maximum number of people per boat must not be exceeded.

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§7 Implementation of individual boat / SUP board rentals

(1) The renter rents the boat / SUPboard / boats as a self-propelled driver for a maximum of as many people as are approved for the respective boat type. The rented boat (s) and / or SUPboards may in no case be sublet, loaned or used for commercial purposes by the renter!

(2) Maximum payload: The maximum allowable load for our boats is clearly stated on our website and during the booking process. This information is authoritative and must be strictly adhered to in order to ensure your safety and proper use of our boats. Responsibility of the customers: It is the customers' responsibility to ensure that the maximum load stated is not exceeded. This includes not only passengers, but also luggage and additional equipment. Adherence to the maximum payload is critical to the safety of all passengers and the stability of the boat. We ask our customers to take this regulation seriously to avoid accidents and damage.
(3) Exceeding the payload: If the maximum payload per boat stated on our homepage is exceeded, we reserve the right to make changes to the bookings. This may involve additional costs for the customer. If this is not possible due to limited availability, we reserve the right not to issue the boat and to cancel the booking. Cancellation due to careless booking by the customer who has disregarded the payload limit is at the customer's expense and does not entitle the customer to a refund of the rental price.

(4) Several boats/ SUPs can be hired by a single appointed person for a group, company or institution; this person is then jointly and severally liable for all contractual obligations of all participants. Children and young people must always be accompanied on the water by adults within sight and call, i.e. they must not be completely alone.

(5) In order to ensure a smooth process, fixed start times are agreed for the rentals. The boat / SUP (the boats / SUPs) is (are) to be taken over no later than 30 minutes after the start of the agreed rental period, after which Kanuliebe is no longer bound to the booking, but the renter is not released from the obligation to pay the rental price .

(6) The boat / SUPboard (s) is (are) handed over in a clean, technically perfect condition.

(7) The renter must return the boat / SUP (the boats / SUPs) to the rental station at the end of the agreed journey time. We allow the customer a delay tolerance of up to 10 minutes. The extra hours and / or extra days due thereafter will be charged additionally according to the valid price list. However, extensions to the rental period can be arranged in person or by telephone during opening hours, depending on availability. The boat / SUP (the boats / SUPs) is (are) to be returned in the same condition as when it was handed over.

(8) After sunset there is a ban on canoes and pedal boats (due to lack of lighting). If the maximum rental period is exceeded and therefore the required return transport of the rented boat / SUP (the boats / SUPs) by Kanuliebe, the renter will be charged an expense allowance of at least € 50 per boat. This amount varies depending on the distance of the return transport.

(9) An early return does not entitle you to reclaim the rental price.

(10) The tenant is obliged to return the loaned items in full within the opening times, even if the weather changes suddenly. The renter is fully liable for abandoned boats / SUPs. If a boat has to be fetched back by the lessor, the renter has to pay a fee of at least € 50.00 (depending on the transport route) per boat.

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§8 Implementation of boat / SUPboard rentals for groups (private or company)

(1) A group rental exists if the renter does not rent a boat / SUPboard or boats / SUPboards exclusively as a self-propelled driver, but rather the rental vehicle (s) is / are at our jetty during the agreed rental period and from a any number of guests (belonging to the group) may be used.

(2) The rented boat (s) and / or SUPboards may in no case be sublet, loaned or used for commercial purposes by the renter!

(3) Kanuliebe and their staff are at the disposal of the tenant and his / her guests during the entire rental period on the jetty, ensure the correct equipment, necessary instruction and help with putting on and taking off the boats / SUPboards.

(4) Kanuliebe calculates a surcharge of approx. 20% on the rental price for individual rentals for the increased personnel expenses. The current price list can be found on the homepage.

(5) The respective company / institution or authorized person is jointly and severally liable for all contractual obligations of all participants. Children and adolescents must always be accompanied by adults within sight and shouting distance on the water, so they are not allowed to go all alone.

(6) In addition, the rental conditions according to §7 apply to group rentals, except for §7 (1).

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§9 Implementation of boat tours or water sports events guided by canoe love

(1) To ensure that everything runs smoothly, fixed start times are agreed for the events. If the start of the event is delayed due to the late arrival of the customer, the planned duration of the event can still be adhered to, depending on availability. In this case, the customer will be charged an additional € 30.00 net for each half hour or part thereof per trainer employed. If additional costs for waiting times are not accepted by the customer or if no extension is possible due to other bookings, the event will only be carried out up to the agreed end point. In the event of a delay, the customer is not entitled to reduce the price.

(2) The organizer reserves the right to select tour guides and / or trainers.

(3) The consumption of alcohol during the canoe tour is not permitted. If an accident occurs during the canoe tour, Kanuliebe is only liable for intent and gross negligence on the part of the organizer's staff or material. Contractual and tortious claims for damages for non-negligent behavior by the organizer and his accompanying persons are excluded. The organizer reserves the right to check the participants' ability to drive and, if necessary, to exclude them from participating in a canoe / boat tour.

(4) Swimming aids are provided by the organizer and must be worn by the participants during the boat (SUPboard tour).

(5) Participation in the boat / SUP board tour is at your own risk. Participants under the age of 18 require the written consent of a parent or legal guardian. Children under the age of 12 may only take part in a boat tour in the company of an adult in a canoe / boat.

(6) School classes and youth groups must be accompanied by at least one educator / teacher per 12 young people / children. Accompanying the group by a canoe guide from Kanuliebe does not release the educator / teacher from his / her duty of supervision.

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§10 driving bans

(1) On the Spree there is a driving ban for muscle-powered boats between the Oberbaum Bridge and the Chancellery Bridge. The same applies to the Berlin-Spandau shipping canal. The uninhabited tree islands in the Spree (Liebesinsel, Kratzbruch, Bullenbruch) and the reed belt on the northern bank of the Rummelsburger Bucht are bird sanctuaries. A minimum distance of 10 meters must be maintained here; mooring and disembarking is prohibited.

(2) Mooring on yellow emergency ladders and on trees is prohibited.

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§11 liability

(1) The organizer is neither contractually nor non-contractually liable for any damage incurred by the participants or third parties in connection with the boat / SUPboard trip. The customer releases the organizer from all claims arising from the violation of laws, ordinances or other regulations in connection with the use of the touring boats by him or a third person.

(2) If there is an accident with other water traffic participants, the lessee is obliged to contact the injured party immediately or, after a reasonable waiting time, to inform the police about the damage caused. The lessor is entitled to record or determine the personal data available after becoming aware of damage and to hand them over to the injured party upon request. If necessary, the deposit that has been paid can be withheld until the claim can be settled.

(3) During the rental period, the tenant is responsible for the rented property. He is also responsible for securing the rental property or accessories against loss. Lost or damaged material (equipment / boats / SUP boards) must be reported to the lessor immediately. Repair or new acquisition costs for rented equipment, which have been damaged by the customer through normal wear and tear, are to be borne by the customer without the organizer having to provide evidence of fault. Lost material must also be replaced by the customer. The repair and / or replacement part costs are based on the prices applicable at the rental company. Costs in the event of loss or total loss are currently as follows: For a canoe: € 1,100, for a paddle: € 40, for a SUP paddle € 60, for a baggage barrel / pack sack: € 25, for a life jacket: € 40, for a pedal boat € 3000, for a SUP board € 600 (all prices include 19% VAT). The customer declares that he / she is financially able to fulfill this contract and has not given an affidavit.

(4) The landlord assumes no liability for water damage and soiling of clothing and / or technical devices (in particular cell phones, tablets, laptops, cameras, etc.).

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§12 prices and terms of payment

The following payment methods are available to the customer in our booking portal: PayPal, credit card payment via Stripe, SEPA direct debit via Stripe. Upon request, the customer will receive an invoice with accounted VAT for their payment.

In the case of guided tours or water sports events for groups (both private, school and business), Kanuliebe will issue an invoice to the customer for the agreed event price. The number of participants known three weeks before the guided boat / SUP board tour / event is binding for invoicing. The invoice for the agreed event price is due for payment at least 1 day before the event, unless the customer requests cash payment on site and before the start of the event. The material will only be issued after the event price has been paid in full. Fees for additional participants will be billed retrospectively based on the offer, depending on the availability of spaces / boats, and are due for payment no later than 2 weeks after the event.

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§13 cancellation policy

(1) The customer can withdraw from the event / boat rental at any time before the start of the event / rental by a written declaration. The organizer / lessor may demand compensation in the form of a percentage of the total price calculated and agreed according to the price list. This is calculated as follows:

 

Booking and Obligation:

By making a reservation, you agree to the following terms and conditions.

The booking is considered binding once you have received a booking confirmation from us.

Cancellation Fees:

• For guided tours/team events: Up to 3 weeks before the tour date, up to 3 participants can be canceled free of charge. The cancellation of additional participants is subject to a fee, amounting to 25% of the participant fees. For boat/SUP rentals: Up to 3 weeks before the scheduled date, a 15% cancellation fee is applied per canceled boat/SUP.

• From 3 weeks before the tour, a cancellation fee of 30% of the canceled participant fees/rental fees will be charged.

• One week before the tour, the cancellation fee is 50% of the canceled participant fees/rental fees.

• No refunds are possible within 24 hours before the tour. If a booking is canceled, it simply expires and no vouchers are issued.

(2) Weather conditions are neither a contractual condition nor the basis of the contract, and are therefore not a reason for cancellation.  Forecasts from various warning and weather apps are expressly not taken into account. Only the actual prevailing weather conditions on site during the entire duration of the boat tour are decisive; only persistent continuous rain or storms during this time entitle the hirer to cancel a booking free of charge.

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§14 vouchers

 Purchase of vouchers: You have the option of purchasing vouchers (gift cards) via our homepage.
    Redeeming the vouchers
   Vouchers can only be redeemed when booking boat hire online. They are not valid for other services provided by our company.
    Voucher use per booking
   Only one voucher can be used per booking.
    No cash payment
   Cash payment of the voucher value is excluded.
    Validity, cancellation and re-credit
   The vouchers are valid for 24 months from the date of issue. Cancellation of the booking is possible free of charge up to 21 days before the booking date. The value of the voucher will be credited to you and can be redeemed at a later date within the current season and the validity period of the voucher. Please note that it is not possible to extend the validity period.

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§15 General provisions, place of jurisdiction

The ineffectiveness of individual provisions does not in principle justify the ineffectiveness of the remaining terms and conditions.

In the event of disputes about the interpretation of the rental agreement, the German text is authoritative and German law is applicable.

The place of jurisdiction is Berlin.