General Terms and Conditions (GTC) – urbanfloat

1. Provider Information and Scope
(1) These General Terms and Conditions (GTC) apply to all contracts between urbanfloat GbR, Brüsseler Straße 15, 13353 Berlin, Phone: +49 176 41256613, E-Mail: urbanfloat030@gmail.com (hereinafter "urbanfloat" or "organizer") and its customers (hereinafter gender-neutral "customer" or "participant") regarding participation in events offered by urbanfloat, in particular boat trips, special formats and other events. The complete provider information in accordance with § 5 TMG (imprint), including the names of all authorized partners, can be found on our website under [link to imprint].
(2) These GTC apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB), legal entities under public law or special funds under public law, unless otherwise specified in individual clauses.
(3) Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if urbanfloat has expressly agreed to their validity in text form (e.g. by e-mail). This requirement also applies if urbanfloat, being aware of the customer’s terms, performs services unconditionally.

2. Subject Matter, Booking and Payment
(1) Urbanfloat offers events (e.g. boat trips with music) with the services specified in the respective event description on the website or on authorized partner platforms. The contents, dates, duration, and prices of the events result from the respective description at the time of booking.
(2) Booking is made via the website or authorized partner platforms. By submitting the booking form or completing the online booking process, the customer submits a binding offer.
(3) The contract is concluded once urbanfloat confirms the booking in text form (e.g. by e-mail).
(4) The ticket price or rental fee specified in the booking confirmation is due immediately unless another deadline has been agreed. Participation is only secured after full payment. Urbanfloat may refuse participation if payment is incomplete or late.

3. No Right of Withdrawal for Date-Bound Leisure Events
According to § 312g (2) No. 9 BGB, there is no right of withdrawal for services related to leisure activities with a specific date or period. This applies to all events offered by urbanfloat. Every booking is binding once confirmed (see § 2 (3)).

4. Cancellation, Withdrawal, Replacement Participants and Vouchers
(1) For public events (e.g. ticketed tours, special events):
a) No statutory right of withdrawal (§ 312g (2) No. 9 BGB).
b) Cancellation, rebooking, or withdrawal is excluded.
c) Non-participation does not entitle the customer to a refund. A replacement participant may be named (see § 4 (3)).

(2) For private boat rentals:
– Cancellation up to 14 days before the event: free of charge, refund of payments.
– 13 to 3 days before: choice between

• Option A: 50% refund, or

• Option B: 100% voucher (valid for 3 years).
  – Less than 3 days before / no-show: full price due, no refund.

(3) Replacement participants: The customer may name a suitable substitute at any time before the event. Both original and substitute customer are jointly liable.

(4) Vouchers: Valid for 3 years from end of year of issue. Transferable, but not redeemable for cash.

5. Participation Requirements & Exclusion
(1) Participants are responsible for assessing their health and behavior during the event.
(2) Alcohol consumption on board only with prior approval. Illegal substances, weapons, or dangerous objects are prohibited.
(3) Urbanfloat may exclude participants who are intoxicated, aggressive, unsafe, disobey staff, or violate house rules/these GTC. No refund in such cases.

6. Age Restrictions
(1) Participation in standard events only from age 18.
(2) Special events may have different restrictions (see event description).
(3) ID checks possible. If proof is missing, participation may be denied without refund.

7. Rules of Conduct & House Rules
(1) Instructions of the crew/staff must always be followed.
(2) Prohibited on board:
– Jumping off the boat,
– Open fire or fireworks,
– Weapons or dangerous objects,
– Glass bottles (unless approved),
– Sexual harassment,
– Discriminatory behavior,
– Violence or threats,
– Illegal substances.
(3) Serious violations may lead to exclusion without refund. Criminal charges or bans for future events may follow.

8. Photos & Videos; Data Protection
(1) Photo/video recordings may be made. Identifiable use for marketing only with prior explicit consent (Art. 6(1)(a) GDPR).
(2) Details provided separately and in privacy policy.
(3) Customers may inform staff if they wish not to appear in group shots.
(4) Consent is voluntary and can be withdrawn at any time.

9. Liability
(1) Unlimited liability for injury to life, body, health due to intent or negligence.
(2) Unlimited liability for intent and gross negligence.
(3) For simple negligence: liability only for essential contractual duties (cardinal obligations) and limited to typical foreseeable damages.
(4) Liability limitations apply also to staff/agents.
(5) Liability for customer’s property only under the above rules. No liability for unattended items.
(6) Product Liability Law remains unaffected.

10. Service Changes & Event Cancellation
(1) Minor changes (e.g. route, time adjustments, replacement DJs) are permissible if reasonable.
(2) Cancellation due to force majeure (weather, official orders, technical defects) → refund or alternative date.
(3) No further claims (e.g. travel costs) unless urbanfloat is at fault (intent/gross negligence).

11. Insurance
Urbanfloat has liability insurance covering personal, property, and consequential damages for which it is legally liable. Own negligence or intentional damages by customers are not covered.

12. Governing Law & Jurisdiction
(1) German law applies. CISG excluded.
(2) Consumer protection laws of the customer’s residence country remain unaffected if more favorable.
(3) Jurisdiction: for consumers as per law.
(4) For merchants/public entities: exclusive jurisdiction Berlin.

13. Severability Clause
If provisions are invalid, the rest remain unaffected. Statutory law applies instead.

14. Alternative Dispute Resolution (§ 36 VSBG)
We are neither obliged nor willing to participate in consumer arbitration. Contact: urbanfloat030@gmail.com.
Note: Obligation to link to the EU Online Dispute Resolution platform ends on July 20, 2025.

Status: June 2025