Charter – General conditions of chartering
The following contractual conditions apply to every charter agreement for passenger trips entered into by the DDSG-Blue Danube Schifffahrt GmbH unless other arrangements are agreed in writing in the relevant charter agreement. Hereafter the DDSG-Blue Danube Schifffahrt GmbH is referred to as the carrier and the contractual partner is referred to as the charterer.
1. The carrier makes the ship and crew available to the charterer, together with fuel, lubrication and valid third-party insurance. These costs are included in the charter price. Charges, such as entertainment tax and the music protection fee, are chargeable to the charterer and must be paid by him. Changes to these costs that are applied after the charter agreement has been entered into and before the completion of the agreed trip shall entitle the carrier to amend the charter price accordingly. The charter price as stipulated in the charter agreement is payable before the commencement of the journey stipulated in this agreement, at the latest. Any changes made by the carrier that are not included in the charter price and that are paid for by the carrier must be refunded by the charterer in the currency in which the carrier bills him. The charterer must refund this expenditure as soon as he receives the invoice.
2. Unless special arrangements are made below or in the charter agreement, the carrier’s passenger tariff in its most recent version applies to the relationship carriage – passenger.
3. The carrier is responsible solely for carrying out the agreed carriage obligations in the ship (ships) indicated in the agreement and in accordance with the conditions set out therein. Unless these carriage obligations are affected, the carrier refuses all responsibility for carrying out the programme of events that the charterer has agreed with his (the charterer’s) customers; this applies also in those cases in which the charterer’s programme of events could not be completed or only partially completed for reasons that lie outside the carrier’s sphere of influence, and also to those cases in which consequential changes to the programme of events result in additional costs to be met by the charterer. The carrier will cover the charterer’s expenses or compensation payments only in as much as this is expressly stated in the agreement.
4. This point has been deleted.
5. If the charterer discovers that customers/passengers on board of one of the ships named in the agreement has suffered an injury or is to make a claim for compensation against the charterer on account of such an injury, the charterer is required to inform the carrier of this immediately. The charterer notes that legal action against the carrier is allowed only if and in as much as the carrier’s insurer has rejected the compensation in writing.
6. If a claim made against the charterer in respect of loss or damage to passengers or their luggage is the carrier’s responsibility, the charterer is obliged to inform the carrier about the dispute so that the carrier is in a position to determine the way in which the case is handled.
7. In the case of claims for compensation on the part of the charterer’s customers/passengers that are not connected to the service provided by the carrier but that are made against the carrier, the charterer will relieve the carrier of responsibility in every respect.
8. In the event of earthquake, war and acts of sabotage connected to war, civil disorder and looting, strike, official orders and incidents resulting from force majeure, obstacles to transportation, flood and low water levels or other circumstances beyond the carrier’s control, the carrier is specifically entitled to adopt the following measures:
a) to postpone, curtail or cancel the trip.
b) to start or end the trip in a different port from that announced.
9. The carrier is entitled to replace the chartered ship with another ship or ships, including those of other shipping operators, suitable to the agreed transportation.
10. Point deleted.
11. Independent companies, lessees of the carrier, manage the restaurant on board ship. For this reason, the quality and nature of the catering on board are beyond the carrier’s control and he cannot accept liability of whatever kind, in this respect.
12. The times listed by the carrier in the timetable are approximate. The carrier does not guarantee that these times will be kept and has the right to depart from the timetable if the circumstances beyond the carrier’s control and, in particular, affecting the security of the carrier, appear to make this necessary.
13. The charterer will see to it that the passengers comply with customs and passport regulations, the requirements of the health authorities and all other relevant legislation and regulations in the countries in which it is intended a stop shall be made. Any costs arising from failure to comply with these regulations, laws and requirements are payable by the charterer.
14. In the case of any actual obstacles that arise affecting the course of the journey, the ship’s command has exclusive authority to decide what measures should be taken. The carrier is not liable for any delay to the journey resulting from this and for any claims for damages by the charterer’s customers/passengers made against the charterer. Rather, the charterer assumes the responsibility of adjusting the conditions of business with his customers/passengers in respect of possible obstacles to shipping traffic. If delays occur for reasons for which the carrier is responsible, the carrier has the right to decide whether the passengers should return to their home addresses at the carrier’s expense or should be accommodated in hotels of the carrier’s choice until the journey can be resumed.
15. If the passengers do not arrive in good time for embarkation, the carrier is not obliged to delay the start of the trip. In these circumstances the carrier is free to deploy the delayed ship incurring the payment of a supplement to be agreed with the charterer or to regard the journey as having being cancelled by the charterer and to charge the agreed cancellation fees.
16. The carrier can set aside the charter agreement – irrespective of the termination clause in the charter agreement – without observing a period of notice
a) in the case of gross violation of the agreement on the part of the charterer, in particular if the charterer does not pay the price as laid down in the agreed conditions.
b) if bankruptcy proceedings or compensation proceedings are opened in respect of the charterer’s assets or if bankruptcy is refused for want of assets. Such cases can be equated with a cancellation so that the cancellation charges stipulated in the charter agreement become due.
17. The contractual partners are entitled to withdraw from the agreement with immediate effect if the circumstances listed in point 8 continue for more than seven calendar days. If the charterer withdraws from the agreement for other reasons the agreed cancellation charge is due immediately. If, however, the charterer withdraws from the agreement in order to enter into a charter agreement with another ship-owner for the same transportation, the carrier can claim reimbursement of the full charter price. In all cases, withdrawal from the contract must be made in writing by means of a registered letter or a fax.
18. Only with the carrier’s written agreement is the charterer entitled to transfer his rights under the charter agreement in whole or in part to a third party or to leave the chartered ship to a third person partly or completely
19. It is expressly emphasised that the prices agreed in this agreement represent net prices and that no commission, including commission in a subsidiary form, can be paid on them.
20. The partners to the agreement will strive to resolve amicably any disputes that may occur. Should it not be possible to reach agreement, it is agreed that the place of jurisdiction inner City of Vienna has exclusive authority and that Austrian law applies.