General Terms and Conditions

Area of application

The general terms and conditions of Hauptstadtfloß GmbH apply to all services provided by Hauptstadtfloß GmbH. This includes in particular the rental of rafts & ships (hereinafter referred to as boats) and the provision of catering services on these. The contractual partner is exclusively Hauptstadtfloß GmbH.

§ 1 Conclusion of the contract and services included therein

The contracting party must first submit a booking request to Hauptstadtfloß GmbH. The booking request should include all the wishes and ideas of the contractual partner. Subsequent changes can only be considered if they have been approved in writing by Hauptstadtfloß GmbH. In order to ensure professional preparation, the number of participants and the services to be provided must be expressly agreed in advance between the contracting parties. The number of participants is limited according to the registration of the boat. Bringing in your own decorations or equipment and installing or attaching them requires the written consent of Hauptstadtfloß GmbH.
Following a booking request, Hauptstadtfloß GmbH will send the contractual partner a non-binding offer for the desired booking date, including the annexes and the GTC. The contractual services are based exclusively on the service description from the respective non-binding offer, the GTC and the special booking documents. The non-binding offer must be completed in full and sent to Hauptstadtfloß GmbH together with the other contractual documents.
Hauptstadtfloß GmbH will check the documents and confirm the booking in a separate letter (booking confirmation). The order confirmation must be signed and returned to Hauptstadtfloß GmbH within 7 days. Only upon receipt of the booking confirmation is the contract deemed to have been concluded, only then is the boat reserved in the name of the contracting party and the contracting party is entitled to the execution of the booking. Subsequent changes of any kind must be made in writing.
After booking, it is only possible to reduce the number of people by 10%, so please consider the minimum number of people before booking. An increase is possible up to the maximum capacity of the boat. The costs for a reduction of more than 10% are calculated as follows: For a reduction of more than 10% of the number of people specified in the order confirmation, we will charge 25% of the value of the food and drink booked for each person above this number.
The prices agreed between the contracting parties are quoted without VAT. Changes in VAT are not borne by Hauptstadtfloß GmbH. If there are more than three months between the event and the conclusion of the contract, Hauptstadtfloß GmbH may change the price due to increased costs (e.g. in purchasing or mooring fees). This change in costs must be documented to the contractual partner by appropriate evidence and communicated immediately.
When the contract is signed, 50% of the invoice amount is due immediately and must be transferred to the account specified on the invoice within 14 days of the invoice being issued. The remaining 40% must be paid no later than 4 weeks before the booking date. The remaining 10% will be charged in the final invoice after the event.
If a booking is made within 6 weeks of the booking date, 90% of the order value is due.
If the contract is concluded at short notice, 14 days before the planned trip, the entire invoice amount is due immediately. If the amounts are not paid within the above deadlines, Hauptstadtfloß GmbH is free to withdraw from the contract.
The contractual partner is only entitled to offset if Hauptstadtfloß GmbH has agreed to this in writing.

§ 2 Fulfillment

The boat shall be made available at the agreed location. The contractual partner has no claim to the boat previously specified in the contract. Hauptstadtfloß GmbH can decide on the day of booking which boat will be chartered to the contracting party. If the raft is not made available on time by Hauptstadtfloß GmbH, this only entitles the contractual partner to withdraw from the contract if Hauptstadtfloß GmbH is unable to provide a boat with the same number of people within 3 hours of the start of the rental period.
If Hauptstadtfloß GmbH succeeds in providing a replacement boat, the contract is deemed to have been fulfilled. If the provision of a replacement boat is not successful, all payments made under this contract will be refunded to the contractual partner. Further claims for compensation, such as reimbursement of travel and accommodation costs and travel insurance premiums, are excluded.
Moorings and specific routes are not contractually fixed and may be subject to change due to weather conditions or police closures.

§ 3 Withdrawal by the customer (cancelation)

If the booking agreed between the contracting parties has become impossible, the contractual partner of Hauptstadtfloß GmbH must pay the costs already incurred due to the planning of the booking if he is responsible for the impossibility. For this, 25% of the order amount is due up to 8 weeks before the date of the event, 50% of the order amount up to 4 weeks before the date of the event, 75% of the order amount up to 2 weeks before the date of the event and 100% of the order amount from 2 weeks before the date of the event. The same shall apply in the event of impossibility for which neither party is responsible. This includes, in particular, orders from higher authorities and weather conditions. The expenses saved by Hauptstadtfloß GmbH as a result of the cancellation will be reimbursed to the contractual partner.
If Hauptstadtfloß GmbH or one of its agents is responsible for the impossibility of providing the contractual service, the mutual claims arising from this contract shall lapse. Further claims for damages are excluded.

§ 4 Withdrawal and termination

Hauptstadtfloß GmbH has the right to terminate the contract at any time without notice

if the agreed payment targets are not met
if the contract was concluded on the basis of false information
if information is available that casts doubt on the creditworthiness of the contractual partner
if there are reasons that could jeopardize the safety or reputation of Hauptstadtfloß GmbH
if the contractual partner does not comply with the house rules and Hauptstadtfloß GmbH makes itself liable to prosecution or possibly exposes itself to recourse claims by third parties
if the contractual partner or the participating persons violate the boat rules / house rules.
or there is another reason in the person of the contractual partner which makes it unreasonable for Hauptstadtfloß GmbH to adhere to the contract

Hauptstadtfloß GmbH can withdraw from the contract if

performance has become impossible due to force majeure or unforeseeable and irreparable obstacles to performance and Hauptstadtfloß GmbH is not responsible for this. The same applies to operational disruptions, shortages of raw materials, technical difficulties, failures of our own supply, if they are unforeseeable and beyond our control.
the provision of the service becomes legally impossible as a result of changes in the law relevant to the contract that came into force between the date of conclusion of the contract and the date of provision of the service, which were unforeseeable and do not allow the contract to be amended.
unforeseeable events occur during the trip that make it impossible to continue. In this case, the entitlement to reimbursement of the booking costs lapses. The expenses saved by Hauptstadtfloß GmbH will be reimbursed.

§ 5 Liability

Hauptstadtfloß GmbH excludes any liability for negligence or gross negligence on its part or on the part of its attributable vicarious agents. Excluded from this is liability for life, limb and health. This also applies to claims for damages by the contractual partner due to delay on the part of Hauptstadtfloß GmbH or impossibility for which it is responsible.
If the contractual partner cannot prove that he has no interest in a partial service, he cannot assert a claim for damages due to non-fulfillment of the entire scope of services in the event of partial impossibility or partial delay in performance by Hauptstadtfloß GmbH. Such as certain routes or landing stages. The same applies to a withdrawal from the entire contract.
At the request of Hauptstadtfloß GmbH, the contractual partner must provide proof of suitable insurance cover. (Liability insurance)
If property belonging to third parties has been procured by Hauptstadtfloß GmbH for the trip, the contractual partner is liable for the careful and proper handling and return thereof. The contracting party shall indemnify Hauptstadtfloß GmbH against all third-party claims arising from the transfer.
The contractual partner is liable for all damages or costs incurred by Hauptstadtfloß GmbH or third parties, e.g. subsequent crews, due to non-compliance with the contract. Hauptstadtfloß GmbH is entitled to assert these third-party claims against the contractual partner in its own name.
The use of the customer’s own electrical equipment or externally booked technology using the Hauptstadtfloß GmbH electricity network requires the customer’s written consent. Any faults or damage to the technical equipment of Hauptstadtfloß GmbH resulting from the use of this equipment shall be borne by the customer.

§ 6 Boat regulations

1. The boat regulations must be strictly adhered to. The contractual partner is responsible for compliance with these. This includes in particular the following rules of conduct. Violation of the boat regulations entitles the contractual partner to terminate the contract without notice and to cancel the trip immediately. The contractual partner is exclusively the person who is the previously communicated contact person, who is also responsible for the entire duration of the trip and is responsible for compliance with the boat regulations.
2. As a general rule, the instructions of the skipper and the crew must be followed. The skipper’s field of vision must be kept clear at all times. No liability is accepted for the loss of valuables brought on board. The contractual partner is liable for any damage caused by his guests.
3. We accept no liability for lost property. These are kept for 7 working days and can be collected by arrangement during office hours.
4. The following applies in particular: Hauptstadtfloß GmbH is opposed to any form of sexist, racist or homophobic comments or actions. In the event of disregard, we reserve the right to expel guests from the boat.
5. The total permitted capacity must be adhered to. We reserve the right to leave guests ashore who exceed the permitted number of people on the boat in question.
6. Entering the sun deck is at your own risk. Use of the sun deck under the influence of alcohol is not permitted.
7. The following numbers of people are permitted on the upper deck of the respective rafts:
  - Capital rafts: up to 28 people
  - Lounge rafts: up to 12 people
8. All persons on the upper deck are obliged to sit down when approaching a bridge. Standing on the upper deck when crossing a bridge is not permitted. Under no circumstances may you touch the bridge with your hands when crossing it.
9. Due to its design, the toilet is only suitable for the disposal of faeces and toilet paper. Under no circumstances may other objects or hygiene articles be disposed of through the toilet. Failure of the toilet due to improper use may result in immediate termination of the trip. In any case, a lump sum of € 250.00 will be payable immediately for the repair, in addition to further claims for damages. Furthermore, urinating on board is prohibited; the toilets must be used for this purpose.
10. It is not permitted to bring your own food and drink. In the event of non-compliance, the landlord reserves the right to charge an amount for lost sales at the cash desk for food and drinks brought in. The amount shall be at least € 150.00. This also applies to any subsequent discovery (empties and garbage). We reserve the right to carry out a bag check in the event of suspicion.
11. No objects may be thrown overboard.
12. Other boats passing by must not be harassed or insulted.
13. Railings and lines must not be climbed over. Only the crew or the skipper are permitted to enter cordoned-off areas, in particular the rear engine area.
14. Swimming from the boat is only possible on our lounge and capital rafts, on suitable lakes and after consultation with the crew.
15. Dancing on the tables on the upper and lower decks is prohibited.
16. Smoking on board is only permitted in the designated outdoor area. Open fires, coal-fired shishas and fireworks are expressly prohibited.
17. The raft must be kept clean. Confetti is forbidden on board, anyone who violates this must pay € 400.00 for cleaning.
18. Dogs are not permitted.
19. The volume of the music is regulated by the on-board staff, not by the guests.
20. Children must not be left unattended on the boat. We have life jackets on board for all children, after consultation with the events department.

§ 7 Place of jurisdiction

The place of jurisdiction is Berlin.

§ 8 Final provisions

1. 1. The contracts concluded between Hauptstadtfloß GmbH and the contractual partner are subject to German law, excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG).
  2. Amendments to the contract, declarations of withdrawal, terminations, reminders or notifications of defects by the contractual partner must be sent to Hauptstadtfloß GmbH in writing.
  3. Should one or more of the clauses contained in these GTCs be invalid, this shall not affect the validity of the remaining provisions.

Hauptstadtfloß GmbH reserves the right to make changes. The latest version of the General Terms and Conditions apply.
Status: 25.02.2025

You can also download the General Terms and Conditions (AGB) as a PDF file here download.