The following terms and conditions apply to every charter contract concluded by DDSG Blue Danube Schifffahrt GmbH in passenger shipping, unless agreements have been made in writing in the relevant charter contract. In the following, DDSG Blue Danube Schifffahrt GmbH is referred to as the carrier and the contractual partner as the charterer.
1. The carrier provides the charterer with the ship, including the crew, including fuel and lubricants, and covered liability insurance. These costs are included in the charter price. Charges such as entertainment tax and music protection are at the expense of the charterer and must also be paid by him. Changes to these costs after the conclusion of the charter contract and before the end of the agreed transport entitle the carrier to change the charter price proportionally. The charter price according to the charter contract is due no later than before the start of the trip stipulated in this contract. Any changes made by the carrier that are not included in this charter price and that are interpreted by the carrier must be replaced by the charterer in the currency in which the carrier invoices. The charterer has to reimburse this expenditure immediately after receipt of the invoice.
2. In the relationship between carriage and passenger, the latest version of the carrier’s personal tariff applies, unless otherwise stipulated in the following or in the charter contract.
3. The carrier is solely responsible for providing the transport service with the ship (s) specified in the contract and under the conditions specified therein. Insofar as these transport services are not affected, the carrier declines any responsibility for the fulfillment of the event program concluded by the charterer toward the charterer’s customer, including in cases in which the charterer’s event program is not fully or not at all processed, for reasons beyond the carrier’s sphere of influence, or deviations from the event program caused by this, caused the charterer additional costs. The carrier will only compensate the charterer’s expenses or compensation payments to his customers insofar as these are expressly stated in the contract.
4th point has been deleted.
5. If the charterer becomes aware that the customer / traveler of the charterer has been harmed on board a ship that is the subject of the contract or if a claim for damages is made against the charterer for such damage, the charterer is obliged to notify the carrier of this immediately. The charterer acknowledges that legal recourse against the carrier is only admissible if and to the extent that the carrier’s insurer has rejected the compensation in writing.
6. If claims are made against the charterer for damage to travelers or their luggage for which the carrier is responsible, the charterer is obliged to announce the dispute to the carrier, which enables the carrier to determine how to conduct the proceedings.
7. In the event of claims for damages by customers / travelers of the charterer, which are not related to the service of the carrier, but against the carrier are raised, the charterer will indemnify and hold the carrier harmless against any and all claims.
8. In the event of earthquakes, war and related acts of sabotage, riots and looting, strikes, official orders as well as events of force majeure, obstacles to transportation, high and low water or other circumstances for which the carrier is not responsible, the carrier is entitled to the following measures:
a) either to postpone the trip, to shorten it or to cancel it entirely.
b) to start or end the voyage in a port other than the one announced.
9. The carrier is entitled to replace the chartered ship with another ship or other ships, including foreign shipowners, that are suitable for the agreed transport.
10th point has been deleted.
11. On board the carrier’s ship, independent companies, as the carrier’s tenants, take care of the on-board catering. The carrier therefore has no influence on the quality and type of on-board catering and assumes no liability whatsoever in this context.
12. The times indicated by the carrier in the timetable are approximate times. The carrier does not guarantee compliance with these times and has the right to deviate from the timetable if circumstances that are beyond the control of the carrier and in particular affect the safety of the carrier appear necessary.
13. The charterer ensures that the passengers comply with customs and passport regulations, the provisions of the health authorities and all other relevant laws and regulations in the countries in which a landing is planned. Costs associated with non-compliance with these provisions, laws and regulations are borne by the charterer.
14. Only the ship’s command is authorized to decide on measures in the event of immediate obstacles in the execution of the voyage. The carrier is not liable for a resulting delay in the trip and any resulting claims for damages by the customers / travelers of the charterer against the latter.
Rather, the charterer takes on the obligation to apply the terms and conditions to his customers / travelers on possible obstacles in shipping. If delays occur for reasons for which the carrier is responsible, the carrier has the right to decide whether the passengers return to their place of residence at the carrier’s expense or whether they are accommodated in hotels of the carrier’s choice until the transport is carried out.
15. If the passengers do not arrive on time for embarkation, the carrier is not obliged to start the journey with a delay. In this case, the carrier is free to delay the ship with the charterer, to apply the agreed surcharge to the charter price or to consider the trip as canceled by the charterer and to charge the agreed cancellation fees.
16. The carrier can refrain from the charter contract – without prejudice to the termination clause provided in the charter contract – without observing a notice period
a) in the event of serious breaches of contract on the part of the charterer, in particular if the charterer does not set the price under the agreed conditions.
b) if bankruptcy or settlement proceedings are opened against the charterer’s assets or bankruptcy is rejected due to insufficient assets. These cases are equivalent to a cancellation, so that the cancellation fees provided for in the charter contract are due.
17. The contracting parties are entitled to withdraw from the charter contract with immediate effect if the circumstances mentioned in point 8 last longer than 7 calendar days. If the charterer withdraws from the contract for other reasons, the agreed cancellation fee is due immediately. However, if the charterer withdraws for the purpose of concluding a charter contract for the same transport with another shipowner, the carrier is entitled to reimbursement of the full charter price. The withdrawal from the contract must be declared in writing by registered letter or fax.
18. The charterer is only entitled, with the carrier’s written consent, to assign his claims from the charter contract in whole or in part to a third party or to leave the chartered ship’s space in whole or in part to a third party.
19. It is expressly stated that the prices agreed in this contract are net prices from which no commission, not even in derivative form, can be paid.
20. The contracting parties will endeavor to settle all disputes amicably. If an agreement cannot be reached, the exclusive jurisdiction of the Vienna Inner City and the application of Austrian law are agreed.