OPERATOR LIABILITY

Advantages of an agency agreement

Signing an agency agreement acc. to BGB (§675) AQUAFUN Bäderbetriebe GmbH takes over the operator function based on the operational part of the pool (not the liability based on the ownership of the pool). The company works with her own, hired and mostly long time personnel. The property of the pool will be included in the company's liability insurance.
The owner of the pool (Community, City, Public Utility Company) has contracted a professional operator for their pool. The benefit is a minimized risk of liability based on:

- Public liability law
- Organizational fault
- Negligence and strict liability
- Criminal offence

Without a professional operator contract, the current operator (community, ...) is fully liable for all personnel caused issues occurring at the facility and the public liability law reaches everyone from the administration offices to the major of town.