General Terms and Conditions for the rental of licence-free small craft
Renting shall proceed once all personal data requested (name, address, telephone number) and, where appropriate, a valid identity card or any other valid document have been provided.
The Renter shall be given suitable introduction to the boat and its equipment, how to operate the vessel and to the rules of navigation on this stretch of river.
The Renter shall be given instruction in the use of the boat’s life-saving appliances (one lifejacket per person on board, two paddles, a red flag with pole, a lifebuoy with rope, one fire extinguisher, lifejackets for children on request). Child lifejackets comply with Standard DIN EN ISO 12402-4.
The Rental Company and the Renter shall check the condition of the boat and its equipment and contents, as well as its life-saving appliances before departure.
The rental period begins after the safety and operating instructions.
Each boat is equipped with a capacity plate indicating the maximum weight capacity or the maximum number of people that the boat can carry safely.
Smoking and drinking alcohol on board of the boat is strictly forbidden.
Dogs are allowed on board, but are not covered by the Rental Company’s insurance policy.
The rental period begins at the arranged time. A Renter who is not present at said time to collect the vessel is not entitled to reimbursement of online and other prepaid bookings, except where the Renter can submit a valid medical certificate.
The Renter shall pay the agreed rental rate in advance. If the Renter returns the boat early, the Renter is not entitled to a refund of any part of the rental fees paid. Neither is the Renter entitled to any discount or refund in the event of breakdown, accident or sudden changes in the weather.
Should the Renter not return the boat by the stipulated time, the Renter will be liable to pay a late return fee of €5 for the 1-4 persons category and €7.50 for the 5-8 persons category for every five minutes of the delay in returning the boat.
This is purely a private Rental Agreement. The Renter undertakes to use the rental equipment only for its intended purpose.
The Renter shall not use the boat for any type of race or competitive event, testing purposes, commercial transport of passengers or cargo or any other illegal purpose.
The lending and subletting of the boat to a third party are strictly prohibited.
The Rental Company reserves the right to terminate the Rental Agreement and repossess the boat at any time if the Rental Company has reason to believe that the Renter is not capable of safely operating the boat. In such event, there will be no right of restitution for any amount paid.
The Renter shall return the boat and all its equipment and contents in a clean and tidy state. Should the boat be returned in a dirty and/or an untidy state, a cleaning charge of €25 shall be levied.
The Renter shall always abide by the safety and operating instructions provided by the Rental Company or its staff.
In the event of any accident or damage to the boat, the Renter shall notify the Rental Company immediately, and proceed in accordance with and follow the Rental Company’s instructions.
In the event of a mechanical breakdown, the Renter shall notify the Rental Company immediately.
It is strictly forbidden to leave the boat except in case of emergency. Steering down the middle of the river is strictly prohibited. The Renter must keep fifteen metres away from the shore, avoiding shallow waters and fishers. The Renter must stay at least 100 metres away from the lock and 25 metres away from the bridge and check the area is clear of boat traffic before crossing the Moselle. The Renter acknowledges and understands that ignoring these instructions may cause injury and possibly death.
The Renter agrees not to carry any undeclared goods subject to customs duty or dangerous goods on board. In addition, the Renter guarantees that the number of persons on the boat never exceeds that agreed in the Rental Agreement (children included) or the maximum number of persons permitted on the boat.
Data protection: The personal data of the Renter communicated under the Rental Agreement shall be used only for the purposes of the Rental Agreement and processing requests. This also applies to the GPS boat tracker.
The boats and their equipment are in good working order. The Renter is fully liable for any damages or loss and any subsequent costs of rectifying damage to the boat, for repairs to or replacing any equipment. The Rental Company cannot be held liable for any damages caused to a third party or by improper handling. In case of damages and defects the Renter shall inform the Rental Company immediately. Any unreported damage will be considered a deliberate act and any costs shall be charged to the Renter. Should damage not be reported immediately, the Renter can be held liable for subsequent damages (such as inability to use the boat due to repairs). The Renter is not liable for damage due to or arising out of normal wear and tear.
In case of loss or damage to the boat’s equipment and contents, the following amounts will be withheld or charged: one lifejacket €55 / one paddle €65 / flag with pole €45 / lifebuoy with rope €75 / fire extinguisher €125 / seat cushions €750 / fridge €350 / rear-view mirror €95 / keys €125 / Luxembourgish flag with pole €100 / convertible top €3450.
The Rental Company explicitly points out that there is an elevated risk of slipping, particularly when embarking or disembarking and also during the voyage due to waves generated by other boats.
No person shall enter on the jetty without first obtaining the permission of the Rental Company. The Rental Company will be under no liability for any damage or injury in the event of infringement. Fishing or swimming from jetties or boats is strictly prohibited.
The Renter and the other passengers shall respect the environment, the wildlife and other waterway users.
The Renter shall be liable for any pollution of the waterway and environment caused by the Renter himself. Waste shall be bagged and properly disposed of.
Parents / legal guardians shall be responsible for the supervision and safety of their children (children shall wear a lifejacket at all times and shall not move around the boat unsupervised).
The Renter and the other passengers shall behave responsibly at all times to avoid posing any danger to the persons on the boat and other customers as well as other third parties.
The Renter is also in charge of the boat and is liable for any injury to persons and/or damage to objects arising from the use of alcohol and/or drugs in accordance with the applicable boating regulations, insurance and criminal laws. The Renter shall remain liable when other passengers use or operate the boat.
The boats are properly insured (third-party liability insurance and comprehensive insurance). The Renter shall indemnify the Rental Company from and against all costs, damage, expenses, liability and claims howsoever arising from the negligence, neglect or default of the Renter to the extent that they are not covered by the Rental Company’s existing third-party liability insurance and comprehensive insurance policy and that exceed the security deposit. It is noted that in accordance with the terms and conditions of the existing insurance policy, the insurance company may claim damages as a result of gross negligence or wilful misconduct of the Renter directly from the Renter. The insurance policy does not cover the first €400 of any claim.
Before embarking, the Renter agrees to pay a security deposit of €100 in cash or by credit card. The boat insurance policies include a compulsory excess of €400. The Renter will take care of the boat with due diligence. The Renter is liable for the loss of and/or damage to the boat and its equipment and contents, including any consequential loss or damage (loss of revenue).
The place of performance and jurisdiction is Luxembourg. This Rental Agreement is subject to Luxembourgish law.
Translation from German. This translation can only be used in combination with and as explanation to the German text. In the event of a disagreement or dispute relating to the interpretation of the English text, the German text will be binding.