ATG Alster-Touristik GmbH

General Terms and Conditions of ATG Alster-Touristik GmbH

1. Completion of contracts
When booking a sight-seeing trip or chartering a boat, the customer is making a binding offer to enter into a contract with us strictly according to the following conditions. This offer may be accepted informally. The contract comes into effect with our confirmation of acceptance of the booking, which must be provided within reasonable time but not in any specific form.

2. Payment terms
a) Payment must be made at the Touristikdienst office before boarding the boat. ATG may request a deposit of 50% of the confirmed price for advance bookings. b) Where a customer hires a vessel, a deposit of 50.00 Euros is payable. The total price will be based on the distance and time the vessel is used. If the planned usage is exceeded in any way, the price will be increased accordingly unless this was the fault of ATG. Payment is due one week before the service commences. Where payment is not received promptly, ATG may cancel the contract and require compensation at the rates to be applied in the event of termination by the customer.

3. Services
a) Tourist trips will be undertaken according to the routes advertised. b) For the chartering of boats, ATG will provide a vessel and captain. ATG reserves the right in all cases to select the boat and the crew. Requested routes can only be undertaken within the parameters of the existing official regulations. Should circumstances arise which prevent the route from being taken, or which limit the route, and which are beyond ATG's control, e.g. broken pack ice, fog, low water or similar, the event will take place at the quayside or within a limited area with no claim to a reduction in price. c) Calculation of charter prices is based on the ship departing from the Jungfernstieg pier and returning to Jungfernstieg.

4. Catering
Catering services are generally provided by ATG or their sub-contractor. Catering by the customer or by their sub-contractor is only by permission of ATG. In this case, the customer must ensure that after chartering the boat it will be returned fully cleared of all external catering equipment and goods. The boat will be made available to the customer for preparation for approx. 1 hour before departure and for clearing up for 1 hour after the trip against payment of an availability fee.

5. Changes in service and pricing
Variations in individual services to those advertised which do not significantly affect the overall service and which are not knowingly caused by ATG may not be disputed by the customer. The customer has the right to terminate the contract within a period of 10 days from learning of changes which have a significant effect on the service provided, with the exception of those changes described at no. 3. If the customer does not exercise this right, this will affect any further claim they may make regarding a reduction in price. This also applies in the case of price increases by sub-contractors affect ATG’s costings and where more than 4 months have elapsed between receipt of the booking confirmation and the agreed commencement of the service. Should prices be increased by more than 10% of the confirmed price, the customer will have the right to terminate the contract without penalty within 10 days of receipt of ATG's advice of the price increase.

6. Cancellation
If the customer withdraws from the contract or does not use the services agreed without withdrawing from the contract, ATG reserves the right to claim the compensation stipulated below. The value of costs saved as well as any advantage gained by ATG in hiring the service out elsewhere or as a result of costs no longer being incurred will be subject to the following rates, unless the customer is able to prove otherwise. Without providing proof of the extent of the costs involved, ATG may apply the following:
Cancellation up until 28 days before service commences - 10% of the value of the contract 27th -14th day before the service commences - 30%
13th -7th day before the service commences - 40%
From the 6th day before the service commences - 50% of the value of the contract. Where a contract is cancelled on the day of travel or not at all, the full value of the contract will be due. Any phone, telegram or other expenses incurred will be invoiced separately to the customer.

7. ATG may cancel the contract at any time if execution of the contract is aggravated, jeopardised or affected by exceptional circumstances unforeseeable at the time the contract was entered into, provided that ATG does not bear any responsibility for these circumstances. If ATG cancels the contract, the customer may only claim a refund of payments already made.

8. Liability
ATG is liable within the limits of its duty of care for providing a fit-for-purpose vessel as well as the proper provision of contractually agreed services. Otherwise ATG will be liable according to the general terms and conditions. ATG will not be liable for disruptions of service relating to external service providers which are specifically identified as such in the booking confirmation, even when these have been arranged by ATG.
ATG will be liable for material damage to the customer’s or the passenger’s property up to a maximum amount of 50.00 Euros per claim except where damage was caused through the intent or gross negligence of ATG or its agents. ATG can however appeal on grounds of limited or excluded liability as well as possible reliefs in law.

9. Carriage of animals and goods
Animals will only be carried where this has been specifically agreed. Goods will only be carried when space permits. ATG accepts no liability whatsoever for the proper care of animals and goods.

10. Conduct of passengers
When using our facilities and vessels, passengers are requested to have regard for operational safety and procedures, their own safety and consideration towards others. Please follow the operator’s instructions at all times.
The following are not permitted for safety reasons:
a) unauthorized opening of doors whilst aboard,
b) throwing objects from the vessel or allowing them to protrude from the vessel,
c) jumping on or off the vessel,
d) boarding a vessel declared to be full,
e) blocking access such as passageways, entrances and exits with bulky objects.
Children must be supervised at all times by those accompanying them. Should any passenger fail to obey instructions issued to ensure the safety of the vessel and passengers or to observe regulations (a) to (e) above, he/she may be prevented from further participation and will not be entitled to a refund of the ticket price. Where vessels or facilities are soiled, an invoice for the cost of cleaning with a minimum charge of 10 Euros will be issued.

11. Persons excluded from carriage
Persons who endanger safety or operational procedures or other passengers' safety are excluded from services.

12. The place of performance is Hamburg.
The place of jurisdiction for full merchants is Hamburg.

13. Should any provision of these Terms and Conditions be ineffective, it will be replaced by an effective provision having a content closes to the ineffective provision in economic effect and the rest of the conditions shall continue to exist.

1st January 2005