General Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SERVICES, YACHT CHARTER AND SKIPPER TRAINING OFFERED BY BALATONFÜRED YACHT CHARTER ÉS OKTATÓKÖZPONT KFT. AND FÜREDYACHT CHARTER ÉS OKTATÓKÖZPONT KFT.
NAME AND ADDRESS OF SERVICE PROVIDER
Company name: Balatonfüred Yacht Charter és Oktatóközpont Korlátolt Felelősségű Társaság Company registration number: 19-09-509983 Tax ID: 14154205-2-19 Registered office: 8230 Balatonfüred, Ady Endre u. 48. Bank account number: 10404041-00021977-00000008
Company name: Füredyacht Charter és Oktatóközpont Korlátolt Felelősségű Társaság Company registration number: 19-09-514376 Tax ID: 23495665-2-19 Registered office: 8230 Balatonfüred, Ady Endre u. 48. Bank account number: 10400425-50526588-82821006
(Hereinafter: the Charter Company)
Customer service contact details
Phone: +36304529879, +36309993229
Customer service office address:
8230 Balatonfüred, Ady Endre u. 48.
Telephone customer service available Monday to Sunday 0-24 hrs
Website: www.furedyacht.hu, www. balatoni-hajoberles.hu
Shipping Licence: HE 11027-18
Education Licence no.: UVH/HF/NS/A/1133/4/2014
Adult education provider registration number: KM/KA/NS/A/2989/4/2009
The training facility is authorized to conduct training in preparation for the inland recreational small sailing vessel examination and the inland recreational small motorboat examination as per Decree No. 15/2001 (IV. 27.) KöViM (Minister of Transport and Water Management).
General terms and conditions of yachT charter:
Charter Company: A legal entity registered in Hungary in accordance with the Companies Act, entering into a contract with the Client.
Client: An individual of legal age who may act in their own right, a legal entity, or a non-legal entity, as defined in the Civil Code of Hungary, without any restrictions to undertake obligations, who enters into a valid written contract with the Charter Company by accepting its offer.
Handover of the vessel (Check-in): Handover of the vessel by the Charter Company to the Client at the beginning of the charter period, which shall take place in the presence of an individual holding a valid skipper licence defined in the contract, and shall include checking the condition and the number of the vessel’s components and its mandatory equipment. This process is documented using the Charter Company’s handover checklist which contains a list of all equipment on board and a description of the technical and aesthetic conditions of the vessel at the time of check-in. The reverse side of the handover checklist contains a table of fees payable for replacing lost items, effecting repairs, and rendering on-site technical assistance, if necessary, and such fees shall serve as a basis for calculating the amount payable for damages in the vessel upon return. The Client shall sign the handover checklist and return it to the Charter Company, and the parties agree that the details and comments contained therein shall be mutually binding for both the Client and the Charter Company.
Return of the vessel (Check-out): Return of the vessel by the Client to the Charter Company at the end of the charter period, including the joint examination of the condition of the vessel as per the handover checklist, as well as the condition and the number of all equipment and accessories.
Skipper licence: A certificate specified in KöVIM (Ministry of Transport and Water Resources) Decree 15/2001 (IV.27.) and related legislations, and as such, accepted by the authorities as a valid licence for operating the vessel.
Skipper: An individual holding a certificate specified in KöVIM (Ministry of Transport and Water Resources) Decree 15/2001 (IV.27.) and related legislations.
Vessel: Any watercraft specified in KöVIM (Ministry of Transport and Water Resources) Decree 2/2000 (VII.26.) or Act XLII of 2000, or related legislations, having required certificates, if any, issued by the competent authorities, including both sailboats and electric yachts.
Contract: The document attached to these General Terms and Conditions pertaining to the charter including such details as the terms of payment, the duration of the charter, the contact persons and other relevant conditions.
Vessel in charter: Any watercraft owned by the Charter Company or may be offered as a charter vessel by the Charter Company under a separate contract.
These terms and conditions apply to the charter of vessels operated by the Charter Company for a pre-determined period together with skipper services, and are an inseparable part of the Contract. The current charter fees are published by the Charter Company on the www.balatoni-hajoberles.hu website or communicated by other means.
If the Client requires skipper service then the Charter Company will arrange a skipper for the Client at a rate specified in its current price list, subject to availability.
These Terms and Conditions shall apply to all service contracts concluded by the Contracting Parties in Hungary, regardless whether such contracts were concluded traditionally or between individuals not physically present, including duly authorized third parties acting on behalf of the Charter Company.
Information in the online booking system found on the Charter Company’s website is for information purposes only and shall not constitute an offer. The contract is concluded between the Parties when the Client has sent clear written confirmation to the Charter Company accepting its offer. The Charter Company shall not be liable for contracts that have not been concluded. In the case of bookings through our online system, the automatically generated offer shall not be considered valid without additional written confirmation from the Charter Company. Once a written offer has been presented by the Charter Company, the Client has 48 hours to confirm such offer in writing to the Charter Company. In the case of overdue confirmations (later than 48 hours) or if the confirmation is not given in writing, the Client’s booking will be deleted from our online calendar, and the requested time period will be displayed as available for charter (green).
In the event that the Charter Company fails to deliver the service at the designated time and place due to any reason attributable thereto, then the Charter Company shall make all reasonable efforts to provide the Client with another similar vessel within 24 hours, and, subject to availability of vessels, extend the charter period with the duration of such delay without an extra charge. If the Client refuses the vessel being offered as replacement, then the Client may use the service at another pre-agreed time. The Client may not claim indemnification from the Charter Company, even if the failure to provide the service was due to a reason attributable to the Charter Company.
The Charter Company shall not be liable for delays, defective service or non-performance caused by erroneous data provided by the Client. The details of an active booking may only be modified in writing via the Charter Company’s customer service channels, and such modifications shall not take effect until confirmed by the Charter Company in writing. Modifications may be requested by sending an email to firstname.lastname@example.org within 8 days of the written confirmation of the offer, but in any case no later than 2 weeks before the handover of the vessel.
HANDOVER OF THE VESSEL (CHECK-IN):
The Charter Company shall make all reasonable efforts to hand over the vessel at the time specified in the contract without any delay. To facilitate the process, the Client may inform the Charter Company about their arrival time by calling its customer service phone number half an hour prior to arrival. It takes approximately one to one and a half hour to complete a thorough and accurate handover, and the Client shall not be entitled to an extension of the charter period in respect thereof.
At the time of handover of the vessel, two documents must be completed in addition to the contract. The first document is a check list describing the vessel’s aesthetic and technical conditions, while the second document is a so called “Charter Certificate” issued by the Charter Company in evidence that the vessel is chartered legally. This document also contains the details of the Client’s skipper licence and must be presented to the authorities upon inspection.
The vessel may only be operated with sufficient crew by an individual who has been pre-approved by the Charter Company and holds a skipper licence in line with the relevant laws and regulations. Individuals on board who are involved in the operation of the vessel may not be intoxicated or under the influence of drugs. Individuals who are intoxicated, are under the influence of drugs, or do not hold an appropriate skipper licence may only use the vessel for accommodation, and may not leave the berth with the vessel.
The Charter Company reserves the right to dispute the competence of the skipper appointed by Client and prohibit such person from operating the vessel if the Charter Company decides that such person lacks the necessary experience.
At the time of handing over the vessel, the Charter Company shall collect a deposit from the Client in the value of either 200,000 HUF or 100,000 HUF as per the price list of the chartered vessel. Such deposit shall be returned to the Client in full at the end of the charter period, except if the accessories or the aesthetic or technical conditions of the vessel have been damaged as a result of the Client’s fault.
The Charter Company shall guarantee that the vessel is handed over to the Client in good working order and ready for normal use, it has been cleaned, it is equipped with each item on the Check List, and its aesthetic conditions match the description therein.
As part of the check-in, the Client shall verify the conditions of the vessel and the availability of all of its accessories, and sign the check list. The Charter Company will not accept any claims of missing items thereafter. If the Client makes a claim in respect of any deficiency of the vessel or a missing item after the handover has been completed, such claim shall not serve as a basis for reduction in the charter fee, provided that such deficiency or shortcoming may not be reasonably attributed to the Charter Company. In the event of any damage caused in the vessel or its accessories by the Client, the Client shall be solely responsible for such damages.
The Client shall return the vessel in its berth by the end of the charter period specified in the contract in the same condition as at the time of handover. The Client shall inform the Charter Company about any changes in the condition of the vessel which may have occurred since handover in order to allow the Charter Company to effect necessary repairs as soon as possible. The Client shall also be responsible for any damages or lost items which are not identified, not reported or wilfully hidden by the Client at the time of check-out, if there is undisputable evidence that such damages or losses occurred during the Client’s charter period. The Client shall also be liable to indemnify the Charter Company in respect of any loss of charter fees which may result from the Charter Company’s inability to use the vessel for charters during repair.
In the event of the Client’s failure to return the vessel in its berth on the last day of the charter period, then the Client may be liable to pay any arising additional expenses (in particular: delay penalty, skipper’s fee, on-site call fee). On the last day of the charter period the Client’s right to use the vessel shall be forfeited.
The Client shall abide by the facility rules of the vessel’s marina (NFM/Hajózás/Kikötőrendek) throughout the charter period, and behave in a civilized manner generally expected from yachtsmen. The Client may take advantage of the services provided to marina users. For each chartered vessel the Client may use one space in the fenced car parking area of the marina. In the case that more parking spaces are needed, the Client shall send a request to the Charter Company.
Description of the service
The Client may use the vessel during the charter period for recreational purposes throughout the entire area of Lake Balaton, in accordance with the applicable Rules of Navigation, with special emphasis of the cardinal markers (North, East, South, West) used throughout the lake. The person named in the contract as the skipper shall operate the vessel at all times in consideration of its technical parameters such as its draft and its ability to handle waves and heavy weather. The Client may not charter the vessel to third parties.
The Client may not use the vessel for commercial purposes without the written consent of the Charter Company. The Client may not use the vessel or leave the marina in winds in excess of 7 on the Beaufort scale (50-60 km/h). In the case of winds in excess of Beaufort 7 the Client shall ask for the Charter Company’s opinion and permission to use the vessel in order to decide what precautions are necessary in the light of the weather forecast.
In the event of an accident, technical problem or breakdown the Client shall take all necessary steps immediately to ensure the safety of all persons involved and engage in damage control. Depending on the nature of the problem, the Client shall inform the Charter Company’s representative without delay, providing an accurate description of the situation and the steps that had already been taken. In the case of grounding, collision or other accidents the Client shall make a written note of the situation, and request any port authority, doctor or official body involved to issue a report about the incident.
The Client shall be liable to pay for on-site technical assistance rendered by third parties until at least such time that the circumstances have been clarified.
The Client (the licenced skipper) shall operate the vessel with due care and circumspection, with special regard to the warning signals displayed on the control panel designed to prevent damage to the engine. The Client shall be liable for any damage to the engine which may result from ignoring the low oil level or insufficient cooling warnings.
On the Client’s request, the Charter Company may provide a licenced skipper or a practice session for an extra fee as per the company’s price list.
The Client may not cover any part of the vessel or the sails with advertising or other materials without the prior written consent of the Charter Company.
The Client shall follow established good boating practices while operating the vessel, its components and electronic devices (autopilot, windlass, bow thruster, air conditioning, instruments and audio systems).
On the Client’s request, the Charter Company may provide extra cleaning service for an additional fee during the term of the charter.
The Client shall be answerable for any breach of navigation rules and other offences committed while using the vessel, and may also be held responsible for such actions after the charter period.
By entering into a charter contract, the Client is assumed to possess the necessary knowledge and skills to operate the vessel and be familiar with the practical application of the rules and customs in the local area, and although the Charter Company is only obliged to check the skipper licence, it may also verify such knowledge and skills. The Client shall be liable for damages resulting from insufficient practical skills without limitation.
Guarantee conditions, weather guarantee:
Guarantee and warranty shall be governed by the provisions of Act V of 2013 on the Civil Code, as amended, and Decree 19/2014. (IV.29.) of the Minister of National Economy on the procedural rules of guarantee and warranty claims concerning goods sold under contracts by companies to consumers.
The Charter Company offers a weather guarantee which means that 50% of the charter fee paid for days when the weather was unfavourable for recreational sailing is credited to the Client for use at a later date. Once the Client has received such credit after the end of the charter period, it may only be used in full toward the next charter period. The credit may not be claimed as a refund. Weather unfavourable for recreational sailing is defined as actual strong winds (in excess of Beaufort 8, 60 km/h) or the passing of a front causing prolonged rain for at least 4-5 hours on the day in question. Our weather guarantee shall only apply to charter fees already paid, and in cases when the weather situations described above actually happened. This guarantee shall not apply to weather situations which are forecast by the meteorological services but never actually materialize, nor bookings which have not been finalized or paid.
liability for damages:
In the event of a defect of the vessel during the charter period the Charter Company shall make all reasonable efforts to remedy the problem. If this is not possible then the Charter Company shall provide a replacement vessel to the Client with characteristics similar to the original vessel, subject to availability.
In the event of significant differences in the characteristics of the replacement vessel and the defective original vessel, the parties may modify the charter fee accordingly.
If the Charter Company is unable to provide a replacement vessel, then the parties may modify the charter period with mutual agreement, or the Client may cancel the contract with immediate effect.
In the case of defects resulting from the Client’s action or inaction or circumstances attributable to the Client, the provisions in sections 1-3 above may not be used unless otherwise agreed by the parties.
The Client shall be liable to pay for all repairs resulting from the Client’s action or inaction or circumstances attributable to the Client, and in such cases the charter fee may not be refunded to the Client. Repair costs shall be determined on the basis of the Charter Company’s calculations and the service fees listed on the reverse side of the check list. If the calculated repair costs differ from the typical market rates, the Client may file a complaint with the Charter Company but shall bear the burden of proof.
If the Client refuses to pay the repair costs to the Charter Company, the Charter Company may deduct the said amount from the deposit. If the costs of repair exceed the amount of the deposit, the Charter Company may claim the balance from the Client.
The Client shall be liable for damages resulting from the Client’s action or inaction or circumstances attributable thereto, and pay damages to the Charter Company.
In the event of damages caused by third parties, the Client may claim indemnification directly from such third party.
If the Client claims that damage was caused by inevitable circumstances beyond their control, the burden of proof shall be borne by the Client.
The Charter Company shall not take responsibility for accidents or injuries which may affect the Client or their passengers, nor damage or loss of their property. The safety of all persons on board shall be the responsibility of the skipper. The skipper of a vessel underway on Lake Balaton may not consume any alcohol or be under the influence of drugs.
The Charter Company represents that the vessel carries valid liability and CASCO insurance, however, such CASCO insurance only covers hull damage, therefore the sails, the standing rigging, the running rigging and deck fixtures are excluded. Passengers’ valuables and personal items are also not covered by insurance. In the case of using the CASCO insurance, the deductibles may be deducted from the deposit. If the damage is not covered by the insurance or if the damage exceeds the deductibles, then the Charter Company may use the deposit provided by the Client to cover the expenses. The Client shall be liable to pay for damages in excess of the deposit. The manner in which the scope of the damage is calculated shall be based on the Charter Company’s statement.
The Charter Company shall not be responsible for limitations of service which may result from the actions of third parties or force majeure.
The Charter Company shall effect all necessary repairs as soon as possible, however, such repairs will be affected by the delivery times of component suppliers and, if repair work is required, the schedule and the availability of subcontractors.
Deposit: At the time of check-in the Client shall pay the Charter Company the deposit specified for the vessel. The deposit may either be paid in cash or by bank transfer, and it shall be returned fully to the Client at the end of the charter period if the vessel is free from any damages.
The charter fee does not include the fee payable for cleaning the vessel at the end of the charter period, filling the water tanks and replenishing other domestic supplies of the vessel. These costs are covered by the so-called Transit log which shall be charged in accordance with the price list. On the Client’s request, the Charter Company shall provide bedding against a fee specified in its price list.
If the Client uses the engine of the vessel for more than one hour per day, a fee of 5000 HUF per hour shall be paid to the Charter Company.
Our vessels are equipped with satellite tracking systems that log the itinerary and the speed of the vessel, the number of engine hours, and the engine RPM (rotations per minute). In order to ensure the safe functioning of the engine and prevent any damages, the RPM may only exceed 2500 for short periods (in the case of emergencies such as docking in over 70 km/hour wind, man overboard etc.). The 2500 RPM limit must be observed even if the vessel has been grounded, unless specifically instructed to use more power by the crew of the vessel providing technical assistance or towing. The gearboxes in our vessels may overheat even if the engine is used at no more than 2500 RPM for an hour (extended engine use in only permitted on Lake Balaton in emergencies), therefore it is necessary to allow time for the engine to cool down. The Client shall be liable for damages caused by improper use.
Conditions and consequences of cancellation:
1. Unless the conditions set out in the contract or the offer differ from these General Terms and Conditions, the Client shall pay 50% of the charter fee as down payment by the date specified in the offer. The remaining 50% of the charter fee shall be paid by the Client by no later than the 14th day preceding the commencement of the charter period. The parties agree that the Client may not cancel the contract within 30 days of the commencement of the charter period, therefore the charter fee or any part thereof shall not be refundable.
In the event of the Client’s failure to pay the charter fee in full in accordance with the conditions set out in section 1 above, the Charter Company may cancel the contract. In such case the Client shall pay a penalty to the Charter Company in the amount of no less than 50% of the charter fee. The Client hereby irrevocably authorizes the Charter Company to withhold the amount of such penalty from any amounts paid thereto previously regardless of the nature of such payments (down payments, deposit). In turn, the Charter Company undertakes to repay the Client, either by bank transfer within 8 days or in cash) the difference of such down payment or deposit and the penalty.
In the event of a material breach of contract by the Client, the Charter Company may terminate the contract without notice. Circumstances which may serve as a reason for termination without notice include the following:
If the Client fails to fulfil any of their other obligations arising from these General Terms and Conditions despite a written or verbal reminder from the Charter Company along with the time period available for such remedy (if possible).
If the Client uses the vessel in violation of the Charter contract or charters it to a third party without permission, or uses the vessel to participate in an organized or informal sailing race without the Charter Company’s knowledge, resulting in any damage to the vessel.
The parties agree that if the Charter Company loses the right of disposal in respect of the vessel, then the contract shall become void without any further legal statement, and the parties shall recalculate the charter fee in proportion with the time the vessel was used.
The invalidity of any provision of these General Terms and Conditions shall not result in the invalidity of the other provisions thereof. Invalid provisions shall be replaced by new legitimate provisions that correspond to the intent of the parties at the time of contracting as much as practicable.
These General Terms and Conditions may be amended unilaterally by the Charter Company at any time. Such amendments shall become effective upon publication on the balatoni-hajoberles.hu website.
Conditions of using the discount available to customers who participated in one of our charter preparation courses:
Clients who participated in one of our charter preparation courses and wish to charter a vessel for a minimum of 3 days are offered a 50% discount on the charter fee for the first day. Only one such discount may be used in a charter period. This discount may only be used outside the high season on Lake Balaton (1st July – 31st August).