Host Your Event on Board!

The following contractual conditions apply to every charter contract concluded by DDSG Blue Danube Schifffahrt GmbH in the field of passenger shipping, unless specific provisions have been agreed upon in writing in the respective charter contract. In the following, DDSG Blue Danube Schifffahrt GmbH is referred to as the Carrier, and the contracting party is referred to as the Charterer.

1. The Carrier provides the Charterer with the ship, including crew, fuel and lubricants, as well as liability insurance coverage. These costs are included in the charter price. Levies such as amusement tax and music licensing fees shall be borne by the Charterer and must also be paid by the Charterer. Any changes to these costs after conclusion of the charter contract and before completion of the agreed transportation entitle the Carrier to adjust the charter price proportionally. The charter price specified in the charter contract is due no later than before the commencement of the journey defined in this contract. Any additional costs incurred by the Carrier that are not included in the charter price and are paid in advance by the Carrier shall be reimbursed by the Charterer in the currency in which the Carrier issues the invoice. The Charterer shall reimburse these expenses immediately upon receipt of the invoice.
2. In the relationship between Carrier and Passenger, the Carrier’s passenger tariff in its most recent version shall apply, unless separate provisions are stipulated in the following or in the charter contract.
3. The Carrier is solely responsible for providing the transportation service with the ship(s) specified in the contract and under the conditions set forth therein. To the extent that such transportation services are not affected, the Carrier rejects any responsibility for the fulfilment of the event program concluded by the Charterer with the Charterer’s customer — including in cases where, due to circumstances beyond the Carrier’s control, the Charterer’s event program could not be carried out, could only be carried out in part, or deviations from the program resulted in additional costs for the Charterer. The Carrier shall reimburse expenses or compensation payments made by the Charterer to its customers only to the extent that such reimbursement is expressly stipulated in the contract.
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5. If the Charterer becomes aware that a customer/passenger of the Charterer has suffered harm on board the ship subject to the contract, or if a claim for damages is asserted against the Charterer on account of such harm, the Charterer shall be obliged to inform the Carrier of this immediately. The Charterer acknowledges that legal action against the Carrier is permissible only when, and to the extent that, the Carrier’s insurer has expressly rejected the claim for damages in writing.
6. If the Charterer is held liable for damage suffered by passengers or their luggage that falls within the Carrier’s responsibility, the Charterer is obliged to notify the Carrier of the dispute, thereby enabling the Carrier to determine the conduct of the legal proceedings.
7. In the event that customers or passengers of the Charterer assert claims for damages which are not related to the Carrier’s performance, but are nevertheless directed against the Carrier, the Charterer shall indemnify and hold the Carrier harmless in all respects.
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 or low water levels, or other circumstances beyond the Carrier’s sphere of control, the Carrier shall in particular be entitled to take the following measures:
   a) either to postpone the journey, shorten it, or cancel it altogether;
   b) to replce the ship with another one;
   c) to begin or end the journey at a port other than the one originally announced.
9. The Carrier is entitled to replace the chartered ship with another ship or ships, including those operated by third‑party shipowners, provided they are suitable for the agreed transportation.
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11. On board the Carrier’s vessel, the on‑board restaurant is operated by independent companies acting as the Carrier’s concessionaires. The Carrier therefore has no influence on the quality or type of on‑board catering and assumes no liability whatsoever in this regard.
12. The times stated by the Carrier in the timetable are approximate times. The Carrier does not guarantee adherence to these times and is entitled to deviate from the timetable if circumstances beyond the Carrier’s control — particularly those affecting the safety of the Carrier — make such deviations necessary.
13. The Charterer shall ensure that passengers comply with customs and passport regulations, the provisions of the health authorities, and all other applicable laws and regulations in the countries where a landing is scheduled. Any costs arising from non‑compliance with these regulations, laws, and ordinances shall be borne by the Charterer.
14. Decisions regarding measures to be taken in the event of immediate obstacles to the execution of the journey shall be made exclusively by the ship’s command. The Carrier shall not be liable for any resulting delays to the journey or for any associated claims for damages asserted by the Charterer’s customers/passengers against the Charterer. The Charterer, in turn, undertakes to ensure that its own terms and conditions inform customers/passengers that delays or disruptions may occur in inland waterway transport. Should delays arise for reasons attributable to the Carrier, the Carrier shall have the right to decide whether passengers are returned to their places of residence at the Carrier’s expense or accommodated in hotels of the Carrier’s choosing until transportation can be carried out.
15. If the passengers do not arrive on time for embarkation, the Carrier is not obliged to delay the departure. In such a case, the Carrier is free either to commence the journey with a delay and apply a surcharge to the charter price to be agreed with the Charterer, or to consider the journey as cancelled by the Charterer and charge the cancellation fees stipulated in the charter contract.
16. The Carrier may withdraw from the charter contract — without prejudice to the termination clause provided for in the charter contract — without observing any notice period:
    a) in the event of serious breaches of contract by the Charterer, in particular if the Charterer fails to pay the charter price under the agreed terms;
    b) if insolvency or composition proceedings are opened against the Charterer’s assets, or if the opening of insolvency proceedings is rejected for lack of assets. These cases shall be regarded as a cancellation, and the cancellation fees provided for in the charter contract shall become payable.
17. The contracting parties shall be entitled to withdraw from the charter contract with immediate effect if the circumstances referred to in Section 8 persist for more than seven calendar days. If the Charterer withdraws from the contract for any other reason, the agreed cancellation fee shall become payable immediately. However, if the Charterer withdraws for the purpose of concluding a charter contract with another shipowner for the same transportation service, the Carrier shall be entitled to claim the full charter price. Withdrawal from the contract must in all cases be declared in writing by registered letter or by fax.
18. The Charterer shall be entitled to assign its rights arising from the charter contract, in whole or in part, to a third party, or to transfer the chartered vessel space to a third party, in whole or in part, only with the Carrier’s prior written consent.
19. It is expressly noted that the prices agreed in this contract are net prices, from which no commission of any kind—whether direct or indirect—may be paid.
20. The contracting parties shall endeavor to settle all disputes amicably. Should no agreement be reached, the parties agree that exclusive jurisdiction shall lie with the courts of Vienna, Inner City, and that Austrian law shall apply.