Generell Conditions of Carriage
1. Applicability 1
1.1 The customer accepts the present General Conditions of Carriage upon acquisition of the ticket or at the latest when entering the ships and using the services of CMS Schifffahrt. They become part of the corresponding contract of CMS shipping with the customer.
1.2 In the case of a booking of the customer without immediate delivery of the ticket, a contract is concluded by the acceptance of the CMS Schifffahrt. The booking constitutes a binding offer in the legal sense, which CMS Schifffahrt can accept within a period of 10 working days.
1.3 CMS Schifffahrt is entitled to reject a contract with the customer.
2.1 Tickets are sold at the pear, on board the ships and by the office of CMS Schifffahrt. The dispatch of tickets is possible on request. In addition, the tourist information provides binding pre-registration.
2.2 Tickets are also available in advance.
2.3 Tickets are transferable to another person until the trip begins, unless they are of a specific name or have been purchased at special rates. If tickets have a specific date, they will only be valid for the trip mentioned at that time.
2.4 Tickets must be presented personally and openly when entering and exiting, while in transit, and presented on board for inspection on request.
2.5 The group ticket serves the tour guide as a ticket. The tour guide has to enter the ship in front of the group.
2.6 Anyone entering the ship without a valid ticket or losing their ticket while driving and not being able to prove otherwise that they have already purchased a ticket must report to the ship's staff without being requested to do so. In the event of culpable infringement of any of these provisions, the passenger must pay the fare plus the applicable additional charge in accordance with the price list valid at that time.
3. Carriage of vehicles, luggage and other
3.1 Strollers and wheelchairs of passengers will be transported on board free of charge, subject to accommodation. For the accommodation of such vehicles, the ship's personnel can assign a specific place.
4.1 The fare results from the price list valid at the time of the conclusion of the contract.
4.2 All prices quoted and other amounts include the applicable VAT and all other duties, taxes, fees etc.
4.3 Handicapped persons can not be transported free of charge, as passenger shipping is not subject to the law on the free transport of severely disabled persons (see BGBL vom 9.7.1979, p. 989 ff).
5. Special cruises
5.1 Special cruises are evening cruises, event cruises, round trips, cruises in the Christmas time, fireworks events, and dinner cruises.
5.2 Tickets are to be purchased in advance for special cruises. This is especially true for groups.
5.3 For special cruises, no refund of the fare, as far as the customer does not use the ticket without our fault.
5.4 The transport on the shipping route can only take place within the framework of existing public regulations. CMS Schifffahrt reserves the right to deviate from the contractually agreed scope of services with regard to the transport in the form of the adjustment of the route, insofar as this is due to force majeure, such Fog, ice, high or low water, accidents or similar circumstances beyond its control, under consideration of all circumstances is necessary and reasonable for the customer taking into account his interests. The adjustment may also lead to a reduction or to a whereabouts of the ship at a harbor, possibly at a different harbor, than originally provided. In the event of a change in the contractually agreed scope of services, CMS Schifffahrt will take due account of the interests of the customer. A claim for reduction or refund of fare does not exist in this respect.
5.5 Reservations are only binding if you pay in advance. Pure reservations without prepayment can be canceled if necessary.
6. Special Conditions of Carriage
6.1 All passengers must follow the instructions of the ship's crew.
6.2 Passengers who sustain this general Violate carriage conditions, willfully inflict material damage or otherwise disrupt the safety or order on board, can be excluded from the onward journey, with simultaneous expiry of the ticket, without any claims arising from it. After the name has been established, it may be handed over to the authority at the next pier, where this is possible without any delay in the operation of the ship.
6.3 There is no obligation to consume on board. Food and drinks brought along must not be consumed on board. At the request of the driver, the salons will allow the passengers to choose a place that would like to enjoy the catering offer. There is basically no seat claim.
6.4 Each passenger has to make sure that he leaves the ship in time at the destination of his journey. Passengers who want to get in and out of intermediate stations must notify their intent in good time to the ship's personnel.
6.5 Smoking is permitted only on the freeways.
6.6 Objects found on board are to be handed over immediately to the ship's personnel. A claim on finder's fee does not exist.
6.7 Ships will open one-quarter before departure, except when the ship has only one stop for boarding or alighting.
6.8 There is no refund of unredeemed tickets.
7.1 The legal liability provisions apply, taking into account the following provisions.
7.2 Passengers are required to report any damage of any nature whatsoever that might give rise to claims against CMS Shipping and its personnel immediately after their discovery, but no later than the departure of the ship from the destination to the appropriate persons on board Findings can be made immediately. A damage report at a later date does not lead to the exclusion of claims for damages. This does not apply if the exclusion results from legal provisions.
7.3 In the event of loss of the ticket, claims for damages, reimbursement and repatriation are excluded.
7.4 CMS Schifffahrt can not guarantee compliance with the applicable timetable. Deviations from timetables due to high or low water, high numbers of passengers and other traffic obstructions due to disruptions or disruptions of service that are not attributable to CMS Schifffahrt do not give rise to claims for reimbursement or reduction of the fare.
8. Final provisions
The legal relationship of the customer with the CMS Schifffahrt is subject to the law of the Federal Republic of Germany.
Terms of Service on the execution of special trips with the CMS Schifffahrt
Terms of Service on the execution of special cruises with the CMS Schifffahrt
For contracts of the CMS Schifffahrt with the customer on the execution of special cruises and related ancillary services, such as gastronomic supply, the present "General Business conditions".
2. Conclusion of contract
2.1 The contract between the customer and CMS Schifffahrt for the execution of special cruises comes about through the booking of the customer and the subsequent acceptance on our part. The booking constitutes a binding offer in the legal sense, which we can accept within a period of 7 working days.
2.2 We are entitled to reject a contract with the customer.
2.3 After the conclusion of the contract, we will hand over a written booking confirmation to the customer, provided that the conclusion of the contract is at least 7 working days before the special journey time.
3. Scope of services
3.1 We carry the customer and his designated participants on the contracted shipping route. The customer will be provided with the passenger spaces of a ship of the CMS Schifffahrt for the period specified in the contract for general use for himself and his designated travel participants. The passenger rooms are furnished and furnished as standard. A different seating or (partial) outsourcing of the furniture as well as a specific equipment of the ship with microphones or other technical equipment are - unless otherwise agreed with the customer - not part of the contractual service.
3.2 We provide the necessary crew for the fulfillment of the contract for the respective ship including a skipper and reserve the right to choose the personnel.
3.3 Gastronomic services can be used while driving according to section 5.
3.4 additional services, such as Music bands, artists, reprints of Menu cards, floral decorations, etc. are not included in the contractual remuneration and are only owed if this has been expressly agreed by contract. 3.5 We are entitled to provide the contractual services also with the help of leased or chartered ships.
4. Conditions of carriage
4.1 The Conditions of Carriage of CMS Schifffahrt are part of the contract in the version valid at the time of conclusion of the contract. All cruise participants must follow the instructions of the ship's crew and comply with the applicable conditions of carriage. The customer must inform the cruise participants about compliance with the conditions of carriage.
4.2 In the event of contradictions between the Conditions of Carriage and these General Terms and Conditions or the contract with the customer, the provisions of these General Terms and Conditions or the contract with the customer shall prevail.
4.3 If the customer wishes to issue tickets or vouchers for the use of gastronomic services for his travel participants, samples must be handed over in advance to inform the on-board staff.
4.4 The conduct of political events requires our express written consent. If a political event is carried out without our written consent or if there is reason to believe that an event threatens the smooth operation of the business or the safety of the participants, we are entitled to rescind the contract or terminate the contract with immediate effect.
4.5 The customer is liable for culpably caused by the travel participants Damage.
5. Onboard catering
5.1 The content and scope of the gastronomic services arise from the contract with the customer.
5.2 The bringing of food and drinks and their consumption on board the ships, the management of the ships by the customer or the commissioning of third parties by the customer for the provision of culinary services on board the ships are not permitted.
5.3 The customer is entitled to change the contractually agreed gastronomic services up to the 7th working day before the special travel appointment in accordance with the catering suggestions made by us. Such changes must be communicated to us in writing and confirmed by us. From the 5th working day before the execution of the special journey, changes to the agreed gastronomic services on the part of the customer are only permissible, as far as these are reduced quantities of up to 5% of the ordered services.
6.1 The transport charge results from the contract with the customer.
6.2 The fee for the gastronomic services is determined on the basis of the customer's selected catering and the actual consumption of the beverage. The drink prices are based on the price list valid at the time of transport.
6.3 All prices quoted and other amounts are understood to be inclusive of the respectively applicable value added tax and any other applicable duties, taxes, fees.
7. Terms of payment
7.1 The fare is charged in advance before departure. We are entitled to demand for the onboard catering an advance payment of 50% of the expected invoice amount at the latest 2 weeks before the carriage.
7.2 Invoices are due for payment at the end of the journey.
7.3 If the customer is in default of payment, we shall be entitled to charge default interest amounting to 5 percentage points above the base lending rate from the respective time. We expressly reserve the right to assert further claims due to late payment. In particular, if a fee is payable before the start of the journey and the payment is not made on time, we are entitled to rescind the contract after setting a reasonable grace period and its fruitless expiration.
8. Force majeure
The transport on the shipping route can only take place within the framework of existing public regulations. We reserve the right to deviate from the contractually agreed scope of services with regard to the transport in the form of the adjustment of the route, insofar as this is due to force majeure, such as Fog, ice, high or low water or machine damage or similar circumstances for which we are not responsible, under consideration of all circumstances is necessary and reasonable for the customer, taking into account his interests. The power of disposal over the ship lies exclusively with us. In the event of a change in the contractually agreed scope of services, we will take the interests of the customer into due consideration. If the carriage is impossible before departure, we are exempted from the obligation to perform and the customer is entitled to legal claims.
9.1 The customer is entitled to cancel or terminate the contract prior to the special travel appointment by way of cancellation.
In the event of withdrawal or termination, the customer is obliged to
9.2.1 with regard to the carriage charge, to pay the following:
in case of withdrawal / cancellation up to 3 months before the special-trip date, 30% of the agreed fare;
in case of withdrawal / cancellation up to 2 months before the special-trip date, 40% of the agreed fare;
in case of cancellation / termination up to 1 month before the special-trip-date, 60% of the agreed fare;
in case of withdrawal / cancellation less than 4 weeks before the special travel appointment, 80% of the agreed fare.
9.2.2 with regard to the gastronomic services, to pay the agreed remuneration less the saved expenses, whereby with regard to the consumption of beverages an agreed remuneration of Euro 5.00 per participant is taken into account.
The customer reserves the right to prove that we have suffered less or no damage.
9.3 Decisive for the passage of the deadlines is the receipt of the resignation or cancellation notice in writing.
The legal liability provisions apply, taking into account the following provisions.
11. Final provisions
11.1 The legal relationship of the customer with the CMS Schifffahrt is subject to the law of the Federal Republic of Germany.
11.2 If the customer is a merchant, has no general place of jurisdiction in Germany, relocates his domicile or habitual residence abroad after conclusion of the contract, or if no domicile or habitual residence is known at the time the complaint is filed, the place of jurisdiction for all disputes shall be Überlingen. However, we are entitled to sue the customer at his place of residence.
As of 01. January 2020