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Terms and Conditions

2019/2020 Speedwave GmbH Booking Terms and Conditions
 
2019/2020 Speedwave GmbH Booking Terms and Conditions
Key points:
You enter into a booking with us when we issue our confirmation invoice. If you then cancel, there will be cancellation charges. Initially this may only be a deposit, but can go up to 100%.
You can make changes to your booking in certain circumstances. We make a charge for this. We can change and cancel your booking.
We are responsible to you for providing your holiday but there are legal limits.
Adequate and valid travel insurance is compulsory for all our travellers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance. We recommend you take out insurance as soon as your booking is confirmed.
 
Please read the full terms below for more information and for other important rights and obligations.
 
1-Our details
Your booking is with:
•Speedwave GmbH
Im Wassersportzentrum 9
88079 Kressbronn-Gohren
Germany
Managing Director: Walter Schildhauer
Phone: +49 (0) 7543 964470
E-Mail: info@speedwave.de
Website: www.speedwave.de
Tax Office
DE22 55 2 888 4
Amtsgericht Ulm HRB 552431

(“we”, “us”, the “Company” or “our”).  
  
2-Your holiday booking
a.As you are booking arrangements other than a package holiday (as defined in the Package Travel and Linked Travel Arrangements 2018) the arrangements will not be financially protected.
To make a booking you can contact us in several ways; directly over the telephone, via our website at www.discoverycruiser.com (“Website”).
b.Hirers must be over the age of 21 years. The minimum number of people required to hire a boat is 2 adults. .  What qualifies as a suitable level of experience shall be determined at the sole discretion of Speedwave GmbH. The number of passengers on board may not exceed the maximum amount of passengers the boat is licensed for.
c.A booking will exist as soon as we issue our confirmation invoice (the “Booking Confirmation”). This booking is made on the terms of these booking conditions. The person making the booking (the “lead name”) must be 21 years old and when you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. We may transfer your booking to another company in our group, but this will have no effect on your holiday arrangements
d.Whether you book alone or as a group, we will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations. The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
e.When you receive the Booking Confirmation. If there is an obvious error on the Confirmation Invoice, we reserve the right to correct it as soon as we become aware of it, but will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. Travel documents will be sent or emailed to you (to the address given to us by the lead name at the time of booking) and will not be issued unless payment of the due balance has been received
f.For those holidays where an additional local payment is required this will be confirmed to you. A local payment is a portion of the holiday cost which must be paid directly to the local representative as instructed. If the price of your holiday includes a local payment this must be paid in the currency specified. Please note that your holiday price will not be considered to have been paid in full until the local payment has been made. Tourist taxes, resort fees or similar that are charged locally may be implemented or changed without prior warning. We do not accept responsibility for these costs, which must be paid by you and are not included within your holiday price.
g.Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip. This should include, but not be limited to, any special dietary requirements (including, for example, allergies) and any reduced mobility affecting you or members of your booking. Please contact us by email at info@discoverycruisers.com to discuss any such requirements.
h.All prices shown in any brochure are 'from' prices and shown as a guide only we advertise They are accurate at the date published, but we reserve the right to change any of those prices from time to time. Current and accurate pricing can be obtained from our website or from our sales teams In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it (including after a booking has been confirmed). Offers are not combinable unless expressly stated and may be withdrawn at any time. All quotations are provisional until confirmed in writing on your Booking Confirmation. Before you make a booking we will give you the up-to-date price of your chosen holiday including the cost of any supplements, upgrades or additional facilities which you have requested.
i.Extras not booked and paid for at the time of early booking will be charged at the higher prices at the base. Certain payments, as indicated in the pricing information, may be taken locally at the destination base in local currency. Prepaid extras will not be refunded at the base unless we are unable to provide these.
j.The prices quoted in any brochure are based on costs, exchange rates, taxes and levies as known as at 6th September 2019.
 
3-Paying for Your Holiday and Insurance
a.When you make your booking you must pay a deposit of 25% of the holiday cost. The balance of the price of your holiday must be paid at least 1 calender month before your departure date. If you are booking within 1 calender month of departure full payment must be made at the time of booking. If the deposit and/or balance is not paid in time, we shall cancel your booking. If the balance is not paid in time we shall retain your deposit and any other relevant charges.
b.Once a booking has been confirmed, offers and discounts cannot be applied retrospectively
c.If you book through an agent, all contact with you will be via them.
d.You may also be required to pay for any non-transferable and non-refundable items, such as collision damage waiver and any other applicable supplements due, at the time of balance and they may be non-refundable in the event of cancellation.
e.We do not accept payments made by Diners, Electron, American Express, Visa or Mastercard. We will accept payments by bank transfer.
f.Adequate and valid travel insurance for your chosen itinerary is compulsory for all travellers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance. We recommend you take out insurance as soon as your booking is confirmed. You are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives and force majeure events. You are required to carry proof of insurance with you.

Security Deposit
On arrival at the base you will be asked to pay a sum in local currency as Security Deposit. The Security Deposit will be taken as a pre-authorisation on your credit card prior to embarkation. If you fail to provide a payment pre-authorisation, we reserve the right to cancel your booking without further liability and without any right to a refund and you will not be entitled to continue with the charter. A pre-authorisation means that instead of actually debiting funds from your card, we just put a temporary “hold” on the funds. We therefore recommend that you ensure you have sufficient funds in your account.
Full Security Deposit payable upon arrival at base is €2,500


The Security Deposit paid will be used as security for any loss or damages suffered by the Company as a result of any breach by you of these booking conditions and any damage caused to the cruiser or its contents during the period of your arrangements. You cannot apply or deduct any portion of the security deposit from the final balance payable for your travel arrangements.
You will be asked to sign a form before embarkation confirming that you fully understand your obligations in the event of any loss or damage to the vessel, ancillary equipment or third party property.
On return of the boat to the base following the charter period and following inspection of the boat by our base staff, in the event that we are satisfied that there is no apparent damage to the boat on its return from you, our base staff shall, where applicable, cancel the payment pre-authorisation. Funds will become available in your account within 1-30 days of cancellation of a pre-authorisation depending on each individual banks process.
In the event that we determine that accidental damage or loss was caused to the boat and/or its contents during the period of your arrangements, you will be liable to us for all losses and damages incurred by us as a result up to the value of the Security Deposit left at the base. In the event that we determine that damage or loss was caused to the boat and/or its contents during the period of your arrangements as a result of your gross negligence or reckless conduct, you will be liable to us for all losses and damages incurred by us as a result. In both instances we reserve the right to retain, where applicable, part or all of the relevant Security Deposit paid by you. We may use all or part of the Security Deposit paid by you to repair any damage caused to the boat or its contents during the period of your arrangements, including without limitation the costs involved in lifting the boat for a full inspection to assess the damage to the boat.
Retention of the Security Deposit will not in any way limit or prejudice any claim which we may have over and above the sum of the Security Deposit paid by you where the loss or damage was caused or contributed to by your of any such losses or damages incurred by us over and above the sum of the security deposit paid by you. In the event that the losses or damages suffered by us as a result of any breach by you of these booking conditions and any damage caused to the boat or its contents during the period of your arrangements is less than the relevant Security Deposit paid by you, we shall refund, as relevant, part of the Security Deposit paid by you to you as soon as reasonably possible after the damage has been repaired or the repair costs have been ascertained.
In the event of any disagreement over damage or loss, we shall retain the relevant Security Deposit paid by you until the matter is resolved. Please note that if loss or damage caused by your gross negligence or reckless conduct is in excess of the level of the security deposit we reserve the right to pursue a claim against you for the full extent of our loss.
 
4-If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification by email to info@discoverycruisers.com from the lead name or your travel agent must be received at our office. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exception below):
Period before departure in which you notify us Cancellation charge
More than 70 days Deposit only (40%)
Between 70 and 43 days 45% of total holiday cost
Between 42 and 15 days 60% of total holiday cost
Less than 14 days 100% of total holiday cost
 
Notes (i) Your deposit is non-refundable; (ii) If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
 
5-If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the lead name or your travel agent. The price of your holiday may increase or decrease to reflect the changes requested by you. You will be asked to pay an administration charge of €50 per booking amendment and any further cost we incur in making this alteration and any increase in the cost of your trip. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 14 days before departure provided that the new lead passenger accepts the transfer and these booking conditions. Both you and the new traveller are responsible for paying all costs we incur in making the transfer. Payment is made by you of an administrative charge of a minimum of €50 per person plus payment of all costs charged or levied by those supplying your travel arrangements
 
6-If we cancel your booking
We reserve the right to cancel your booking. We will not cancel less than 10 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance or any reason beyond our control .
For the purposes of these terms and conditions “unavoidable and extraordinary circumstances” include but are not limited to: war, threat of war, airport closures, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights), epidemic, significant risks to human health such as the outbreak of a serious disease at the travel destination, natural or nuclear disaster, serious security problems such as terrorist activity, civil unrest or events arising out of political instability, industrial dispute or strikes, shortage of water, obstruction and/or repairs to any waterway, lock or navigational equipment, shortage of or non- availability of fuel and other actual or potential adverse weather conditions, bad weather (actual or threatened), Foreign Office advising against travel to a particular destination and significant building work taking place at one of our bases or your planned route.
If we are forced to cancel your charter after departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure and refund you for any unused services, if appropriate.
If your holiday is cancelled you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).
In the event a refund is paid to you, we will:
a.provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
b.pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (as defined in clause 6).
Period before departure in which we notify you Amount per boat you will receive from us
More than 70 days Nil
Between 70 and 43 days €24
Between 42 and 15 days €50
Less than 14 days €100
 
This table does not preclude you claiming more if you are legally entitled to do so.
 
7-If we change your booking
It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you or your travel agent are notified about it at as early as possible. We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incurs penalties or incur any costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed on your departure documents. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.
If we are forced by circumstances beyond our control (see clause 6) to alter significantly any of the main characteristics of the booking you will have the rights set out below. Whether a change is ‘major’ depends on the nature of the charter and may include: change of cruising area, change of departure date and change of boat to a lesser model.
I.We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
II.If you choose to accept a refund:
a.we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
b.we will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances (see clause 6), which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure in which we notify you Amount per boat you will receive from us
More than 70 days Nil
Between 70 and 43 days €24
Between 42 and 15 days €50
Less than 14 days €100
 
8-Our Liability to You
Our obligations, and those of our suppliers providing any service or facility included in your charter, are to take reasonable skill and care to arrange for the provision of such services and facilities.
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this holiday. If any of the travel services included in your holiday are not performed in accordance with these booking conditions, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to (i) you or another member of your party; (ii) a third party unconnected with the provision of the travel services in the holiday and is unforeseeable or unavoidable; or (iii) unavoidable and extraordinary circumstances .
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to the following:
a) You agree that any transport company’s (or other supplier’s) own ‘Conditions of Carriage’ will apply to you on any journey by road, rail, sea or air. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage'. 
b)Any relevant international convention, for example the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
c) In the event medical care becomes necessary on your trip, you may be hours travel by water, or other non-vehicular transportation from any medical facility. The medical facility you may be treated in may not have the same standards as hospitals or doctor’s offices in your home country. The medical personnel you will be treated by may not speak fluent English of German and have the same training as medical personnel in your home country. You further acknowledge that an emergency evacuation may be unavailable, expensive and delayed at your vessel location, and that the medical facilities and attention available aboard the vessel are limited. Decisions are made by our staff based on a variety of perceptions and evaluations of the situation at hand. You understand and agree to abide by these decisions.
d) Please note that any timings are estimates only. These timings may be affected by operational difficulties or weather conditions.
Note: this entire clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday for which liability rests with the excursion provider and not us.
 
9-Complaints and Assistance
If you have a complaint about any of the services included in your holiday and/or need assistance whilst away, you must inform notify our local contact without undue delay who will endeavour to put things right.
If it is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at info@discoverycruisers.com  giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint in resort we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. 
 
10-Additional assistance
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
 
11-Passport, Visa, Health, Travel and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. You should check this information at least 2 months before departure and again within 14 days of travel. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their general practitioner.
When assessing whether holidays will operate we use information from our local offices in conjunction with advice from the Foreign Office and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies. 
 
12-Conduct
We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put our staff or agents in Ireland in any risk or danger, on the telephone, in writing or in person.
If the base manager or any of our staff or agents believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you take your boat.
If you are disruptive and prevented from boarding, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see clause 4). We will not be liable for any refund, or compensation or any costs or expenses you incur.
As a result of your behaviour during any stage of your holiday, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating other customers, staff or agent affected by your actions Criminal proceedings may also be instigated.
Please note you are not permitted to sail/cruise on your vessel during the hours of darkness (which shall run from the start of sunset to sunrise).
You must conform to the rules of river navigation, and also the instruction given by the company and the river authorities. Applicable speed limits for each region will be advised locally and must be observed at all times. You shall restrict your cruising to those waters permitted by the Company, nor engage in towing, sub hiring or lending of the boat.
Any vessel or other accommodation we arrange for you must only be used by those people named on your Confirmation Invoice or on latest amendment invoice issued. You are not allowed to share the vessel or let anyone else stay on board. In accordance with clause 3.g you are responsible for the cost of any damage caused to your vessel or its contents during your stay. These charges must be met by you and may have to be paid locally.
For the purposes of this section reference to “you” or “your” includes any other person in your party.
 
13-Special Requests and Participation Requirements
We will consider special requests when you book. We will tell you whether there is a charge for the request and/or whether we can satisfy the same. We can only guarantee requests for which there is a charge, or those that are confirmed in writing. It is your responsibility to advise us of any special requirements. We regret we cannot accept any booking which is conditional upon the fulfilment of a particular request.
All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen charter as described in this brochure.
Unaccompanied passengers under the age of 18 years need a letter of consent to travel alone from a parent or legal guardian. The minimum age of unaccompanied travel is 16 years of age on the date of departure.
Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the charter. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the charter in which case all monies paid will be forfeit.
Anyone requiring the use of electrical CPAP equipment should inform Discovery Cruisers staff accordingly at the time of booking and should be aware that suitable power may not always be available to run the CPAP machine.
 
14-Accidents and Loss/Damage of Equipment
If the boat is involved in an accident of any nature, the Hirer must immediately contact the base and complete an accident report form and ask any other party involved to complete the same form. The Hirer will not ask for any repairs to be carried out without Discovery Cruisers agreement.
On arrival, the Hirer will be asked to check the boat for external signs of damage and indicate these areas on a separate form. The Hirer will also be asked to sign an inventory list detailing all critical items of inventory for which a separate fee is charged should they not be returned, or returned damaged. Should any equipment be lost, stolen or broken, the Hirer must report this on return of the boat. A separate fee for certain items lost or damaged will be charged. This must be paid for locally and in local currency. Such items include, but are not limited to: outdoor table and chairs.
   
15-Embarkation/Disembarkation and Cruising Route and Navigational Restrictions and Technical Assistance
a.Embarkation & Disembarkation: Boat embarkation time is from 16:00 on your start day and disembarkation must be by 09:00 on the final day. For an additional fee(s), and subject to operational constraints.
b.Discovery Cruisers offers a number of cruising suggestions for the region based on our experience and knowledge of the area. At the start of your cruise you will receive detailed cruising information for your region, clearly stating which waterways are navigable and which are prohibited or restricted. The base team will also advise on any specific routes which are prohibited or restricted, or procedures falling under the control of Inland Waterways Authorities for your cruising area. Our Customer Guarantee does not cover cruising in areas that are prohibited or restricted. Customers who require assistance (towing/haulage) as a result of cruising in prohibited/restricted areas will incur an additional charge, payable locally in local currency. Please contact the sales team prior to departure if you wish to cruise on any waterways not covered in our brochure.
The locks are closed on some bank holidays, (e.g. 1st May, 1st November and 14th July) in most of our cruising regions. For more information, please contact our team.
c.The Hirer will have no claim against Speedwave GmbH for any failure caused by the Hirer including but not limited to grounding, and in such instances the company will reserve the right to recover from the Hirer the expenses incurred in rectifying the matter.
 
16-Other costs while you cruise
Any services you use while away from our base, such as mooring fees, shore power, marina facilities and/or fresh water and pump out services must be paid at your own expense.
 
17-Boat descriptions
Boat layout plans, specifications and illustrations in the brochure are for general guidance. 
 
18-Return of the Boat / Cleaning Service
a.The boat must be returned by 09:00 on your final day at the correct base.
c.All customers must return the boat in a reasonably clean state with the following completed: i) all rubbish neatly bagged up; ii) all crockery and utensils cleaned and re-stored; iii) beds stripped; iv) decks mopped; v) bathrooms and toilets cleaned. If the boat is left in an unsatisfactory condition, the boat’s cleaning fee will be charged to the customer.
d.Cleaning service: You may pay an additional cleaning fee of £85-£145 dependent on the size of the boat and we will take care of the final cleaning of your boat. In this case all you are asked to do is to bag up your rubbish & all crockery and utensils must be cleaned and re-stored.
 
19-Fuel deposit
The Fuel Deposit charge covers the cost of diesel for navigation and heating.
At the start of your cruise your boat will have a full tank of fuel. Before departing the base you will be required to leave a Fuel Deposit, payable locally in local currency as per below. At the end of your cruise, you will either pay a supplement to cover the amount of fuel actually used, or you will be due a refund if your actual consumption is less than the deposit paid.
Fuel Deposit payable upon arrival at the base: €250.
 
20-Data Protection
We will use and process your data in accordance with our privacy policy which be found here www.discoverycruisers.com
 
21-Excursions and Activities
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
 
22-Travel Agents
All monies you pay to the travel agent are held by him on our behalf at all times.
 
23-Law and jurisdiction
The law applicable to this contract should be the law of the country of origin of the contract partner mentioned in your contract and the courts of that country shall have exclusive jurisdiction over any claim arising out of such contract

DISCOVERY CRUISERS,
IM WASSERSPORTZENTRUM 9, 
88079 KRESSBRONN-GORHEN
0049 7543 96 44 70
info@discoverycruisers.com