Terms of the Marina Baltica GmbH
A. General provisions for both shipyard and rental berth / winter storage
I. Place of fulfillment
Place of fulfillment - as far as compatible - is Travemünde, place of jurisdiction - as far as compatible - is Lübeck.
We exclude our liability for slightly negligent breaches of duty, insofar as these do not affect essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. The amount of damages is limited to the foreseeable, contract-typical amount. Claims for damages of commercial customers become statute-barred after 6 months after order / rental termination.
III. Notice obligations of the customer
- The customer must inform us unsolicited about potentially dangerous objects and properties of the subject of the contract. This applies in particular to the condition of paints (antifoulings).
- The customer declares that he is the owner of the object specified in the contract and that neither is pledged nor seized. The customer is obligated to inform Marina Baltica immediately and unsolicited during the contractual relationship of any changes in the property and the rights of third parties in the objects he has brought.
IV. Docking, slipping, craning
- The customer is obliged to provide the necessary information to Marina Baltica at least 7 days before necessary measures such as docking, slipping and craning. This applies in particular to dock plans - these must always be presented. If these documents are not available Marina Baltica is entitled to resign.
- The order of storage and retrieval of the boats depends on their provision. Special appointment requests will be considered if possible. If a boat can not be put into or taken out of storage for a reason which is the sole responsibility of the lessee and if this hinders the timely storage or removal of the remaining boats, the lessor reserves the right to apply for the Implement boat at the expense of the renter.
V. Lien and right of retention
- The customer grants Marina Baltica a right of lien / retention on the boat until all outstanding claims are settled. In this case, the Marina Baltica is entitled to implement the boat in case of need at the expense of the customer in order to prevent further damage and possibly to use the freed-up area otherwise.
- Delivered goods remain the property of Marina Baltica until full payment. If the customer sells these, he assigns the purchase price claim to us, the assignment is already accepted. There is a right of retention as well as a landlord / contractor's lien on the objects of the contract.
VI. Liability for imported items
Marina Baltica accepts no liability for the loss of items brought in by the customer.
VII. Dispute settlement
Marina Baltica does not participate in consumer arbitration proceedings under the consumer dispute settlement act.
B. Special provisions for rental contracts for berths and winter storage
For the rental of summer berths (period 15.04 to 15.10.) And winter storage bins (period 15.10. To 15.04.), The following conditions apply in addition to the agreements in the lease. Individual agreements in the lease have priority.
- The landlord provides the tenant with the space required; a claim to the allocation of a certain place does not exist. The allocation of a place is bound to the tenant and the boat specified in the lease. For the stay in the marina, the port regulations attached or in the Marina Baltica office apply.
- The landlord provides the tenant with the possibility of using sanitary facilities, electricity, drinking water and disposal disposal. About electricity, water and disposal will be charged according to the valid price list.
- The summer berth can be entered at any time. During the winter storage period, the renter and his escorts have access at normal times between 9am and 4pm. However, the landlord is entitled to prohibit accompanying persons of the tenant from entering or driving on his property as well as the parking of vehicles if they violate the provisions of these General Terms and Conditions. If necessary, the landlord takes in the interest of the tenant checks on persons to prevent entry by unauthorized persons.
- The renter is not entitled to park or store any objects other than his boat on the rented space and / or premises of the lessor without the landlord's permission. A permission of the landlord requires in particular the setting of vehicles of all kinds, the storage of engines, tanks, gas cylinders, ammunition, fuel and other flammable substances.
- If the renter leaves the summer berth for more than 3 days, he has to inform the landlord about it; the renter must notify the lessor 24 hours earlier if possible. The landlord is entitled to provide the free berth to third parties for a fee. The right to this revenue is the landlord. The renter is not entitled to sublet the berth to third parties.
III. Commercial use
Any commercial use of the rented space requires the consent of the landlord and can be made dependent on a reasonable increase in the rent.
IV. Liability of the renter
The renter is obliged to take out a liability insurance for his boat, under cover of any damage to other boats and the property of the landlord. The renter has to prove to the landlord the existence of the liability insurance on request. The lessee agrees to indemnify the landlord from claims of third parties, provided that they have their cause in acts or omissions of the lessee, his relatives or escorts.
- Works by external companies or foreign craftsmen are generally not permitted on the site. Exceptions are possible after arrangement and approval by the landlord.
- The renter is entitled to carry out repair, overhaul and cleaning work on his boat on the premises of the landlord himself and with the help of his family members.
VI. Majority of tenants
If more than one person is a tenant, they are liable for all obligations under the lease as joint and several debtors. For the legal validity of a declaration by the landlord, the declaration to a tenant is sufficient. Explanations of a tenant to the landlord are also binding for the other tenants. Facts and circumstances in the person of a tenant, which may affect the tenancy, have the same effect on the other tenants.
VII. Transfer of the contract
The tenancy is tied to the person of the tenant and the boat specified in the lease. If the renter buys a new boat or changes the owner of the boat, the landlord has the right to terminate the lease without notice. However, the landlord will first consult with the renter or the new owner of the boat about the continuation of the lease. A berth can not be handed over by the renter in any case coupled with a boat sale to a third party. The landlord is entitled to refuse the surrender to the new owner until full settlement of his claims.
VIII. Rental period and termination
- If the tenancy is concluded for an indefinite period, it may be from both sides to 31.12. for the following summer season or 30.6. be canceled for the following winter season. The termination must be in writing.
- If the renter does not claim a summer berth by 15 May without informing the landlord of the reasons for this, the lessor can terminate the tenancy immediately without further notice and occupy the berth with another boat.
C. Special regulations for the shipyard
The following conditions apply to all legal transactions in connection with the yard and repair operation of Marina Baltica. Individual agreements have priority. Contractual conditions of the customers require the written confirmation by Marina Baltica to be effective and do not otherwise apply.
Offers and quotations from Marina Baltica are subject to change. If wage and material prices increase after placing the order, Marina Baltica is entitled to pass on this increase accordingly. Prices apply to delivery from the shipyard. The order should be placed in writing (letter, email, fax). The contract must be confirmed in writing by Marina Baltica or carried out.
III. Delivery times
Unless expressly agreed as a fixed date, dates are approximate and therefore non-binding dates. Promised appointments lose their validity if the scope of services is changed or if the customer violates cooperation and / or payment obligations.
For commercial customers, the work is considered accepted 14 days after completion, provided that no defects have been claimed.
V. Used materials
The customer waives the return of old materials. If these have to be disposed of, the customer bears the disposal costs.
VI. Transport, berth and stand fees
The customer is obliged to transport the repair object to Marina Baltica at his own expense and to remove it immediately after completion of the order. Marina Baltica will announce completion dates in good time. If the customer does not ensure timely collection, this berth or parking space fee must be borne in accordance with the usual prices in the Marina Baltica. If transportation becomes necessary due to the delay, the customer must also bear these costs.
VII. Own and foreign work
During the contract, internal or external work by third parties is only permitted with the consent of Marina Baltica. If damage is caused by this work, the customer is liable to Marina Baltica.
Marina Baltica does not insure the ship against fire or theft during the shipyard period. The customer is recommended to take out such insurance.
As of April 2020