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Terms and conditions

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In case you are accessing, browsing using our Company’s (Boatly Kft’s) (mobile) internet page (www.boatly.hu) or if you make reservation on this page, you declare and acknowledge that you have read and interpreted the below terms and conditions (including the data protection statement). By doing the above, you declare and acknowledge that you agree and comply with the below and give your voluntary consent to the provisions of the data protection document.

Definitions

„Webpage”: www.boatly.hu

“Platform”: The webpage and the application accessible in the page through which the Services become accessible for registered Lessors and Lessees.

“Service”: The on-line reservation service on the Platform through which Lessees may rent the boats offered for rent by the Lessors and the related payments are managed.

“Service Provider”: Boatly Kft. (Registration Nr.: Cg. 19-09-518558; address: 8226 Alsóörs, Vasút utca 7.; VAT Nr.: 25582769-2-19), the company operating the Webpage. The Service provider provides the Platform, manages and makes the Services accessible.

“Lessor”: a person registered in the Platform who offers the boat owned/possessed by him/her for rent through the Platform or rents these boats out on his/her own behalf.

“Lessee”: a person registered in the Platform who leases the boat of the Lessor on his/her own behalf.

1. Service

The Service Provider provides an on-line user platform on the Platform.

This user platform provides opportunity

  • for the Lessor to advertise, make reservation of and rent out the boat(s) owned/possessed by him/her;
  • for the Lessee to reserve (“reservation service”) and rent the boat(s) advertised by the Lessor;
  • for the Lessee to pay the rental fee through Barion to the Lessor (“payment service”)

The Lessor and the Lessee – following the completion of reservation by the Lessee – enter into a direct contractual relationship as per the terms and conditions listed in these General Terms and Conditions (hereinafter GTC) on which basis, the Lessor is obliged to rent out the reserved boat to the Lessee, the Lessee shall use the boat properly and in compliance with the relevant legal provisions, return the boat at the end of the term to the Lessor (or his designee) in the condition identical with the condition of the boat upon handover and shall pay the rental fee – through Barion – to the Lessor.

The Lessor obliges himself/herself and warrants that he/she has full dispositional authority over the boat(s) offered for rent by him/her.

The Lessor shall furthermore warrant that the Lessee shall use the rented boat without any disturbance and in a proper way during the entire term of the lease.

The Lessee shall use the rented boat properly and shall preserve its condition recorded upon handover.

The legal relationship of the Lessor and the Lessee is governed by the Hungarian Civil Code (Act V. of 2013.) and other relevant and effective Hungarian legal regulations.

The Service Provider is not part of the above contractual relationship of the Lessor and the Lessee, thus does not enter into contractual relationship with neither the Lessor nor the Lessee with regard to the lease (i.e. boat rental) and excludes any and all liability in this regard.

These GTC include the rights and obligations of the Lessor and the Lessee employing the services provided by the Lessor (hereinafter Lease Agreement) that is executed with the below terms and conditions:

1.

1.1. Interpretative provisions

* The date of the execution of the Lease Agreement: The date of confirmation of the Lessee’s reservation by the Lessor. The Lessee obliges himself/herself to comply with the terms and conditions of these GTC by making the reservation and acknowledges the conclusion of the Lease Agreement as Lessor.

* Withdrawal/Termination rights: The Lessee is entitled to exercise withdrawal within 14 days upon the conclusion of the Lease Agreement without justification according to the provisions of the 45/2014 (II.26.) Govt. Decree on the rules of agreements between consumers and enterprises. Likewise, if completion has commenced on the basis of the lease agreement, the Lessee is entitled to terminate the agreement within 14 days upon the conclusion of the lease agreement without justification within 14 days. If the Lessee wishes to exercise his/her right of withdrawal/termination, he/she shall issue a statement of withdrawal/termination through the Platform including his/her intent of withdrawal/termination. The Lessee exercises his/her right of withdrawal/termination within deadline if he/she sends his/her statement of withdrawal/termination before the deadline.

* The legal effects of withdrawal/termination: If the Lessee withdraws from the lease agreement, the Service Provider immediately – but latest within 14 days upon the receipt of the statement of withdrawal – shall reimburse all considerations paid by the Lessee. When making the reimbursement, the Service Provider shall use a mode of payment that is identical with the payment method used in the original transaction except if the Lessee explicitly approves other methods of payment; the Lessee shall not bear any extra costs related to the use of any payment method.

If the Lessee – within 14 days of the conclusion of the lease agreement – terminates the lease following the commencement of completion, the amount to be proportionately paid by the Lessee shall be calculated on the basis of the amount set forth in the agreement including all due taxes. If – on the other hand – the Lessee proves that the total amount is too high, the proportionate amount shall be calculated on the basis of the market value of the services rendered until the termination of the agreement. Thus, if the Lessee requested delivery of services to be started within the termination period, in case of termination, the Lessee shall pay for the services proportionately delivered until the termination of the lease (boat rental). Likewise, the Service provider shall reimburse the part of the amount paid by the Lessee that exceeds the value of the services delivered by the Lessor.

* Loss of withdrawal right: Regarding the request of the Lessee on the basis of the 45/2014. (II. 26.) Govt. Decree that the Lessor shall start the completion of the lease agreement within 14 days upon the conclusion of the lease agreement, the Lessor shall be explicitly notified by the Lessee on a durable data carrier. In this case, following the statement and the commencement of completion, the Lessee is not entitled to withdraw but is entitled to terminate the agreement without justification.

Thus, the Lessee is not entitled to withdraw if boat rental starts within 14 days upon the conclusion of the lease agreement. The Lessee – by making the reservation – declares that the first day of completion (boat rental) shall fall within the 14 day period counted from the conclusion of the lease agreement, it shall be considered as an explicit request of the Lessee that the Lessor starts performance with 14 days following the conclusion of the lease agreement.

* Loss of the termination right: The Lessee may not exercise his/her termination right if the Lessor started the performance (boat rental) of the lease agreement on the basis of the lease agreement with the explicit approval by the Lessee and the Lessee has acknowledged that he loses his/her right of termination following the completion of services.

Thus, the Lessee is not entitled to termination right if within 14 days following the conclusion of the lease agreement, the boat lease commences and is completed according to the lease agreement. The Lessee – by making the reservation – declares that if the last day of performance (boat rental) is within 14 days from the conclusion of the lease agreement, it shall be considered as an explicit request of the Lessee that the Lessor starts performance with 14 days following the conclusion of the lease agreement.

* Lessor: a person registered in the Platform who offers a boat owned or exclusively possessed by him/her through the Platform or rents a boat out on his/her own behalf and concludes a lease agreement with the Lessee regarding the boat owned or exclusively possessed by him/her and reserved through the Platform.

* Lessee: As per the provisions of Hungarian Civil Law, a capable, major natural person over 18 or legal/non-legal person who is not hindered or limited in his transactions and – by accepting the offer – concludes a valid and effective written boat lease agreement with the Lessor.

* Check-in: The takeover of the boat by the Lessee from the Lessor or his/her designee upon the commencement of the term of the lease, also including the qualitative and quantitative checking of the equipment and accessories. Location: the port specified on the data sheet by the Lessor.

* Check-out: The takeover of the boat by the Lessor or his/her designee from the Lessee upon the end of the term of the lease, also including the qualitative and quantitative checking of the equipment and accessories. Location: the port specified on the data sheet by the Lessor.

* Barion: an electrical payment method of the amounts due with regard to the rendered Services.

* Barion account: the Barion account of the Service Provider on which the payments shall be made which are due on the basis of the lease agreement.

* Down payment: An amount of money paid to the Lessor as the confirmation of the obligation upon the conclusion of the agreement (that is the day of the confirmation of the reservation by the Lessor) or if it is not a working day, on the following working day. The amount of down payment is included in the rental fee when the agreement is completed. The rate of the down payment is 30% of the gross rental fee. If the agreement is not completed, the person liable for the incompletion of performance of the agreement shall loose the down payment given and if received, the person shall pay double amount of the down payment back not including the case when the Lessee has withdrawn from the agreement within 14 days upon conclusion of the agreement on the basis of the 45/2014. (II. 26.) Govt. Decree. In this later case, the entire amount of the down payment shall be paid back.

* Deposit: The amount of the deposit shall be blocked on the account of the Lessee 48 hours before the handover of the boat that is the subject of the boat rental. The amount of the deposit can be independently determined by the Lessee but it must be at least HUF 100 000. The Lessor is entitled – following the termination of the agreement – to cover his outstanding claims with regard to the rental (costs of restoration of damages occurring due to improper use). The Lessor is obliged to reimburse the remaining balance amount to the Lessee.

* Rental fee: The amount defined by the Lessor as rental fee with regard to the boat rental. The rental fee shall be paid by the Lessee through the Platform. The amount of down payment is included in the rental fee. 50% of the amount of the gross rental fee shall be blocked on the account of the Lessee 48 hours before the handover of the boat that is the subject of the boat rental. Following the termination of the lease, the blocked 50% of the rental fee is transferred to the Barion account of the Service Provider and after this, the Lessor issues his final invoice of the rental fee to the Lessee who shall receive it electronically, in e-mail.

* Boat: the boat that is the subject of the lease.

* Boat driving license: the qualification set forth in Sections 2. and/or 4. of Chapter I. of Schedule 4. of the 15/2001 (IV. 27.) Ministry of Environmental Protection and Water Management Decree on the driving of hobby sail boats.

* Steersman: a natural person with a qualification set forth in Sections 2. and/or 4. of Chapter I. of Schedule 4. of the 15/2001 (IV. 27.) Ministry of Environmental Protection and Water Management Decree.

* Sail boat: a boat that complies with type “C” in section 1.2.1. of Schedule 1. of the 2/2000 (VII.26) Ministry of Environmental Protection and Water Management Decree and acquires the required authority permits.

* Electrical boat: A machine boat that is powered electrically.

* “Legal regulations”: The legal regulations that are obligatory and directive with regard to the services rendered through the Platform: Act V. of 2013 on the Civil Code and the 45/2014. (II. 26.) Govt. Decree on the detailed rules of agreements between consumers and enterprises.

* “Durable data carrier”: a device that enables the addressee to store the data addressed to him/her over a period suiting the purpose stored data and to retrieve these in unchanged form which could be e.g. e-mails or if it complies with the above criteria, a web page. With regard to the right of termination, e-mails containing the consent /request of the Lessee that the Lessor shall start and conclude the provision of services within 14 days following the conclusion of the lease agreement shall be sent through the Platform if service provision shall commence and conclude within 14 days upon the conclusion of the lease agreement.

* Tourism Tax: If the boat is also used as accommodation during the rental term of the Boat, the Lessee shall pay tourism tax on top of the rental fee. The rate of tourism tax varies by municipalities but its upper limit is HUF 300 / guest night / person or 4% of the daily rental fee / guest night / person.

1.2. The effect of the service

Territorial effect: Hungary.

Period of validity: The period from the confirmation of the receipt of the down payment by the Lessor to the last day of the rent. If the down payment is not transferred and credited the following day as per the provisions of these GTC, the lease agreement shall be terminated as of the day following the deadline.

2. The rules of contracting

2.1. Conditions of conclusion of written agreements

2.1.1. The Lessee shall conclude the lease agreement set forth in the GTC in writing on his/her own behalf. The Lessee – by making the reservation – agrees that the Lessor shall provide the Lessee with information regarding the agreement and the agreement of the Parties on electronic data carrier, e.g. e-mail. The Lessee acknowledges that if he does not fulfil his payment obligation set forth in the GTC, the Lessor could not be obliged to perform the agreement.

If the Lessee is not the same person as the person using the boat on the basis of the lease or if the boat is used by other persons besides the Lessee, these persons shall be held jointly and severally liable for damages suffered by the Lessor (damages to the boat, etc.).

2.1.2. The information published in the web page of the Service Provider are not considered offers, these are only listed for reference. The agreement is concluded by and between the Parties if the Lessee indicates in writing to the Lessor that he accepts the offer. E-mail communication is considered written communication. The Lessor waives his liability with regard to unconcluded agreements.

2.1.3. If the Lessee does not take over the boat within 4 hours in case of daily rental or 24 hours in case of weekly rental from the time of check-in, the Lessor is entitled to withdraw from the agreement verbally, in writing or impliedly. The withdrawal dissolves the agreement with retrospective effect to the time of the conclusion of the agreement.

The Lessor in this case may not be obliged to reimburse payments already made by the Lessee.

2.1.4. In the unexpected case if the Lessor cannot provide services in the specified time and location due to reasons in his control, he shall indicate his hindrance in writing to the Lessee 48 hours before the commencement of the lease. In such case, the rental fee paid by the Lessee shall be reimbursed in gross including VAT. The Lessor may not be obliged even in the case if services were not performed due to reasons in his control to provide further compensation.

2.1.5. The Lessor may not be held liable with regard to delayed or faulty performance or non-performance that occurs due to false data provided by the Lessee. The data of active orders can be modified on the Platform (only depending on other reservations) within 8 (eight) days after the conclusion of the agreement but latest until 15 (fifteen) days before the time of check-in.

2.1.6. The Lessee and the Lessor acknowledges that until the confirmation of the booking they can solely communicate with each other through the website, furthermore they cannot share with each other there personal accessibility (especially: e-mail address, phone number) until the confirmation of the booking. The parties undertake this obligation. The Lessee and the Lessor accept that Service Provider is going control the compliance with this point through the monitoring of the communication on the Platform. And if contrary to all probability, the Parties breach this point is leading to the exclusion from the website immediately (delete of registration) according to the unilateral decision of the Service Provider.

3. Handover of the boat

3.1. The Lessee – in case of rental of boats longer than 7 meters – shall present his/her steersman boat driving license specified in section 1.1. of these GTC to the Lessor or his designee (handover agent). The driver of the boat shall present his valid boat driving license, his identification card and address card of which the Lessor may make copies and attach these to the agreement and may retain these for 1 year after authority/judicial procedures are closed with regard to damages/accidents or other reasons and/or Lessor may retain the copies of the documents for one year following the termination of the agreement in compliance with the provisions of Act CXII. of 2011. on informational self-determination and the freedom of information. In case of rental of boats shorter than 7 meters, only the age of majority is required to be credibly verified.

3.2. The Lessor warrants that the boat(s) is/are provided to the Lessee with bill of lading, the legally obligatory safety and rescue equipment. The Lessor provides the Lessee with the boat in clean, operable condition suitable for proper use along with the listed accessories.

The Lessee shall return the boat to the Lessor or his designee in the condition identical with the condition upon handover latest at the end of the term of lease at the location of the take-over. (Check-in and check-out location: The port specified by the Lessor on his/her data sheet)

If the Lessee cannot return the boat in the check-out location in the time of check-out, he/she shall pay penalty at the rate of HUF 10 000 / hour for the first 3 (three) hours of delay. If the delay exceeds three hours, the amount of the penalty shall be one and a half time amount of the daily rental fee at a non-discounted price. In the unexpected case if the delay exceeds 24 hours, the daily rental fee shall be paid for every 24 hours of delay by the Lessee. The Lessee hereby agrees that the Lessor may satisfy his/her claim from the deposit. The Lessee may be obliged to pay the verified extra costs incurring on top of the penalty (especially overuse fee, steersman fee, initial fee, etc.).

3.3. The Lessee shall check the condition of the boat and the entirety of the equipment upon handover and sign the list of accessories and equipment. Following this, the Lessor cannot accept claims regarding incompletion of equipment and accessories.

3.4. The Lessor provides the moorage and its facilities (WC, shower, closed parking for 1 car/boat) along with the boat. The Lessor warrants that the boat and the related infrastructure shall be suitable for proper use during the entire term of the lease.

4. The content of services provided by the Lessor

4.1. The Parties hereby agree that the provision of services to be provided by the Lessor shall commence when the down payment amount paid by the Lessee was credited in the Barion account of the Lessor.

The conclusion of the lease agreement – with the exception of boats shorter than 7 meters – supposes that the Lessor knows how to drive a boat in theory and practice as well and the Lessor shall not verify this further than checking the boat driving license. The Lessee is held liable without limitation for damages related to insufficient practical boat driving skills. Without having the boat driving license, only boats shorter than 7 meters can be rented. If the Lessee reserved a boat longer than 7 meters and cannot present his/her boat driving license upon handover, the Lessee may only use the boat as accommodation and may not leave the port with the boat.

The Lessor (or his/her designee) may require that the Lessee and his/her crew demonstrate their sailing skills regarding the safe handling and navigation of the boat effectively on the Balaton with the Lessor (or his/her designee) aboard. If the Lessee and/or his crew cannot convince the Lessor of their sailing skills, the Lessor may terminate the agreement or orders a skipper agreed by both parties (if available) at the cost of the Lessee for as many days as the Lessor thinks it is required for the safety of the passengers of the boat. The proof of skills of and their test by the Lessee is included in the term of the lease. In case of disputes arising with regard to this aspect between the Lessor and the Lessee, the Lessor may terminate the agreement with immediate effect without compensation payment obligation or – as per the decision of the Lessee, the Parties may agree that the Lessee may only use the boat as accommodation and may not leave the port with it.

4.2. The Lessee is entitled to use the boat only on water areas where boat traffic is authorized on Lake Balaton with consideration of the Shipping Code and other legal provisions, also the technical parameters of the boat (draught, keel size). The Lessee is not entitled to lease out the boat in sub-lease to third persons.

4.3. The Lessee shall not use the boat without the explicit written consent of the Lessor for any business activities. The Lessee may enter a sailing competition with the boat with the explicit preliminary written consent of the Lessor.

If the Lessee enters a sailing competition with the boat, he/she shall provide an increased amount of deposit specified by the Lessor.

4.4. In case of ship damage, technical problems, the Lessee shall immediately inform the port representative of the Lessor (a person specified in the lease agreement) by stating if human life was in danger and clearly stating the nature of the problem, also listing the preventive and corrective measures taken.

4.5. In case it is requested by the Lessor, the Lessor arranges for qualified steersman on the basis of the price list published on the web page of the Lessor and the fee of the steersman shall be specified in the lease agreement. The arrangement for the steersman does not relieve the Lessee from his/her deposit payment obligation and the liability for damages caused with the boat.

4.6. If the Lessee wishes to take over or hand over the boat in a location different from the one set forth in section 3 of this agreement, the Lessor shall comply with the request indicated 14 (fourteen) days before the time of check-in or check-out according to the price list and his/her possibilities. The requests indicated later than this, shall not be fulfilled by the Lessor.

4.7. Following the takeover of the Boat, the port service fees outside the home port of the boat, fuel and other required stock costs are born by the Lessee.

4.8. The Lessor shall call the attention of the Lessee to the fact that during the term of the lease, the Boat is covered by personal accident insurance and other baggage insurance and these insurances are not included in the rental service of the Boat.

5. Warranties

Warranty is governed by the effective provisions Act V. of 2013 on the Civil Code and the 45/2014. (II. 26.) Government Decree on the detailed rules of contracts between consumers and enterprises. If during/before the term of the lease the boat fails, arrangements shall be made as per section 2.1.4. of these GTC. In case the failure occurs in the control of the Lessee, all costs of repair shall be born by the Lessee and is not entitled to receive reimbursement of the rental fee. The costs are calculated on the basis of the statement of the Lessor. If the indicated costs are different from the usual market prices, the Lessee shall submit a complaint to the Lessor but burden of proof is on him/her. In case of damages incurring due to acts of third persons, the Lessee shall assert his/her claim directly towards the person causing the damages. In case of damages, it is the Lessee’s obligation to prove that the damages were due to reasons beyond his/her control.

6. Payment terms and conditions

6.1. The Lessee shall pay the rental fee (the amount specified by the Lessor as the rental fee of the boat) through Barion to the Lessor as per the below provisions.

– Upon the conclusion of the agreement (that is the day of the confirmation of the reservation by the Lessor or if it is not a working day, on the following working day), the Lessee shall pay a down payment to the Barion account of the Lessor through the Platform as confirmation of his/her obligation. The amount of down payment is included in the rental fee when the agreement is completed. The rate of the down payment is 50% of the gross rental fee. If the agreement is not completed, the person liable for the incompletion of performance of the agreement shall loose the down payment given and if received, the person shall pay double amount of the down payment back not including the case when the Lessee has withdrawn from the agreement within 14 days upon conclusion of the agreement on the basis of the 45/2014. (II. 26.) Govt. Decree. In this later case, the entire amount of the down payment shall be paid back.

– The amount of the deposit shall be automatically blocked on the account of the Lessee 48 hours before the handover of the boat that is the subject of the boat rental. The amount of the deposit can be independently determined by the Lessee but it must be at least HUF 100 000. The Lessor is entitled – following the termination of the agreement – to cover his claims that are outstanding with regard to the rental (costs of restoration of damages occurring due to improper use). The Lessor is obliged to reimburse the remaining balance amount to the Lessee.

– 50% of the amount of the gross rental fee shall be automatically blocked on the account of the Lessee 48 hours before the handover of the boat that is the subject of the boat rental. Following the termination of the lease, the blocked 50% of the rental fee is transferred to the Barion account of the Service Provider and after this the Lessor issues his final invoice of the rental fee to the Lessee who shall receive it electronically, in e-mail.

In case if there is no financial dispute between the Lessor and the Lessee, the Service Provider shall transfer the amount of the rental fee remaining above the amount of the down payment to the Lessor within 3 working days.

In the unexpected case if there is financial dispute between the Lessor and the Lessee and the Service Provider may not definitely establish who is entitled to receive the amount transferred as rental fee or on any other title with regard to the lease, according to the discretion of the Service Provider

– Service Provider is entitled to manage the relevant amount separately and to transfer the amount back to the Lessor or Lessee following the final closing of the related judicial procedure or the agreement of the Lessor and the Lessee on the basis of the legally binding judicial ruling or the mutually identical statement of the Lessor and the Lessee,

or

– 30 days after the last day of the lease, the Service Provider is entitled to perform his/her transfer or payback obligation by making a judicial deposit. In this case, the costs of the judicial deposit will be born by the Lessor and/or the Lessee depending on the outcome of the procedure of settling accounts.

6.2. If the Lessee does not hand the boat over in the time specified in the agreement or does not remove his/her personal property from the boat, he/she shall pay penalty as per section 3.2. of these GTC and pay the possibly incurring damages. If the unauthorized use hinders take over by the next lessee, the Lessee shall also pay the amount due to be paid by the Lessor to the next lessee.

6.3. The rental fee does not include the costs of external and internal cleaning. The Lessee may not carry out internal and external cleaning as the cleaning is also an act of inspection to be performed by the Lessor. The actual costs of cleaning are listed on the web page of the Lessor and shall be specified in the lease agreement.

7. Termination of the lease agreement, the right, mode and consequences of withdrawal

7.1. The Lessee is entitled to withdraw from the lease agreement or unilaterally terminate the agreement for the provision of services (rental) following the commencement of performance within 14 days upon the conclusion of this lease agreement. The Lessee may exercise this right of his/hers by making a clear statement about his/her intention.

The Lessee is not entitled to exercise his/her above right of unilateral withdrawal in the below cases:

– if the Lessee requested that the performance of services (rental) shall be started within the termination period, in case of termination by the Lessee, he/she shall pay the amount of the rental fee to the Lessor proportionate with the services already rendered until the time of termination of the lease. Similarly, the Lessor shall reimburse the part of the consideration which exceeds the counter value of the services provided by the Lessor.

The withdrawal dissolves the agreement with retrospective effect to the time of the conclusion of the agreement, thus the Lessee has the opportunity to withdraw before the commencement of the lease (handover of the boat).

In case of termination by the Lessee, the agreement is terminated with regard to the future.

The Lessor informs the Lessee and the Lessee acknowledges that the Lessee shall not exercise his right of termination if

– the Lessor started the performance (renting the boat out) with the explicit preliminary agreement of the Lessee and the Lessee acknowledged that he/she will lose his/her right of termination after the entire service (boat rental) is completed. The Lessor hereby states with regard to the above that by making the reservation, if the period between the date of reservation and the commencement of the lease there are less than 14 days, explicitly agrees that the Lessor shall complete the entire service before the end of the termination period (14 days) as a result of which the Lessee loses his/her termination right after the completion of services.

The Lessee may send his/her withdrawal statement through the Platform (under the “my reservations” tab → “deletion of reservation request”). Withdrawal dissolves the agreement. In case of the dissolution of the agreement, it dissolves with retrospective effect as of the time of conclusion of the agreement and the services already rendered shall be reimbursed if the Lessee announces his/her intent within 14 days of the conclusion of the lease agreement. In every other case, the rental fee already paid has the same lot as the down payment.

7.2. The Lessor is entitled to withdraw from the agreement if the Lessee does not pay the entire amount of the rental fee until the time specified under section 6.1. In this case, the Lessee is not entitled to receive reimbursement of the rental fee.

7.3. The improper use of the Boat is considered extraordinary breach of the agreement and results in the termination of the lease agreement with immediate effect by the Lessor. In case of extraordinary breach, the boat rental has to be interrupted, the entire rental fee shall be paid and all damages of the Lessor shall be paid that is not covered by the insurance (e.g. excess, intentionally caused damages).

The below are especially considered improper use:

a) incompliance with the provisions of the valid and effective laws, these GTC and the lease agreement;

b) incompliance the Shipping Regulations;

c) incompliance with the effective port regulations;

d) boat driving or other use under influence of alcohol or drugs;

e) contesting or entry in competitions without the preliminary written agreement of the Lessor, and sailing training or training activity if the Lessee does not inform the Lessor about the fact of competing and/or the Lessor explicitly forbids competitions;

f) towing of other water vessels (with the exception of emergency with the condition that the Lessee does not endanger the integrity of the boat or the crew in the emergency situation);

g) if the Lessee does not comply with the capacity provisions (beds and passengers) specified in the lease agreement;

h) improper or illegal use of the Boat and/or the port and its facilities;

i) if the Lessee causes damages by the improper use of internal and external equipment in the internal furniture of the boat (e.g. ink spot, scratches, improper shoes, damages to bedsheets);

j) if acidic, explosive chemicals are taken aboard;

k) if not smoking according to boat rules;

l) if the boat leaves the port in winds exceeding Beaufort 6 degree;

m) if the boat suffers damages due to improper use or any main part of the boat such as the engine, sails, mast, bilge-pump, anchor structure, ropes, navigation lights, compass, lifesaving equipment, etc. are not operational or the boat has no sufficient fuel supplies and the unfavourable general weather conditions or the state of the crew and/or the combination of these above conditions endanger the safety of the Boat.;

n) when necessary, the Lessor does not decrease the sail surface that would be suitable for safely comfortable sailing which does not cause over tension or over torque on the mast and the sails;

o) if the Lessee sails with the boat in an area which he did not preliminarily studied on the maps;

p) if the Lessee sails the boat without night navigation lights or sufficient board guarding crew;

q) if the Lessee does not inform the Lessor or his/her designee on the provided contact numbers in case of accident, failure and/or any hindrance

The Boat may be anchored in a port where 24-hour harbour-master services are provided. Anchoring on the lake may be carried out only at own risk thus if the Boat floats away due to the negligence or improper behaviour, the Lessee shall bear the costs of rescue and damages and these will be deducted from the deposit following the recording of the events.

Drink boxes and cases and rolling suitcases are forbidden to be taken on board. Stepping on board is only allowed in proper shoes (no high heels are allowed!). Compliance with the above shall be checked by Lessor or his/her designee during Check-in and in case of incompliance, boarding can be refused.

8. Liability

8.1. The Lessee acknowledges that he/she shall be held fully liable for damages caused by him/her as per the provisions of the Hungarian Civil Code. The Lessee obliges himself/herself that he/she will use the Boat properly and only according to these GTC, the lease agreement and the further terms and conditions agreed with the Lessor. The Lessee shall be liable for any person accompanying him/her aboard, not including the designees proceeding on behalf of the Lessor.

If the Lessee causes damages in the Boat, the Lessor is entitled to compensate his claim from the amount of the deposit with the condition that the Lessee shall also provide compensation to the Lessor for damages exceeding the value of the deposit.

The Lessee acknowledges that the Lessor fully waives the liability of the Service Provider with regard to the lease, the lease agreement is concluded by and between the Lessee and the Lessor.

8.2. The Lessor fully waives his liability for limited services provided due to reasons in any third person’s control or Force Major (especially: national strike, war, catastrophes, or emergency situations or any extraordinary weather conditions). In the case if the Lessee shall decide to conclude the rental before the agreed term and wishes to return the Boat before the time set forth in the lease agreement, the Lessor is not obliged to reimburse the proportional amount of the rental fee. The Lessee may transfer his/her lease right to third persons with the preliminary written consent of the Lessor if the entire rental fee was paid and the third person concludes a lease agreement with the Lessor with a content that is identical with these GTC, the lease agreement and its schedules.

8.3. The use of the Boat in stormy conditions: the Boat(s) is/are fully compliant with the safety requirement specified for the Balaton, thus they are safe in stormy conditions but in case of non-professional use, damages could occur on the body of the boat, in the engine, the ropes, the sails which could endanger the integrity of the passengers or the boat. The term “storm forecast” in the GTC and the lease agreement shall mean the flashing light devices operated by the Hungarian Meteorology Service (OMSZ) and located on the shore of the Balaton and the storm forecasts published in the web page of the OMSZ. It is the obligation of the designated captain of the Boat to be informed about weather forecasts (http://www.met.hu and the harbour- master’s office). Above Beaufort 6 (as per the below table), the Lessee is not entitled to use the boat. In case of storms beyond Beaufort 6, the Lessee shall drive the Boat into the nearest harbour from the open water or shall anchor the boat properly on the open water and close the windows and doors of the Boat. It is forbidden to sail out of the harbour if the weather forecast and/or the instruments of the Boat indicate the below or stronger wind speed values. 6 20-27 knot 40-50 km/h 25-31 mp/h 10,8-13,8 m/s Strong Winds and Big Waves sometimes with tumbling crests. When sailing between Beaufort 5-6, only those steersman can drive the boat who assume material and criminal liability for damages of the Boat and the passengers. When sailing between Beaufort 5-6, the wearing of life vests is MANDATORY for all persons aboard the Boat. During sailing between Beaufort 5-6, the Lessor does not recommend to use the Boat less than two years experience after acquiring the boat driving license during the storm warning. If the Lessor considers the boat driving skills of the Lessee insufficient for sailing in stormy conditions, he/she may forbid the use of the Boat during storm warning if the boat driving licence of the Lessee was acquired less than two year before.

The Boat is not to be left unattended in a port that is not protected from waives or shall not be left on an anchor. This includes single pier ports and the areas of double pier ports near the entrance where waves could be strong. If on any day of the term of the lease, the 2nd level storm warning exceeds 50% of the daylight time, the Lessee may not leave the port, thus he/she may use the boat in a later reserved time for 1 (one) day outside the term of the lease.

In case of non-compliance with the above, if the Boat suffers any damages or the Boat causes damages in any other Boat or port facility/equipment or causes personal injury, the Lessee shall bear full compensational and criminal liability regardless of the reason.

8.4. The Parties shall strive to resolve their disputes by negotiation. If the negotiation for dispute resolution fails, the Parties hereby stipulate the exclusive jurisdiction of Buda Environs District Court and the Budapest Environs Regional Court depending on the disputed amount.

9. Data protection

9.1. The Service Provider shall proceed according to the valid and effective provisions of Act CXII. of 2011. on informational self-determination and the freedom of information when managing the data of the Lessee.

9.2. The data provided during registration through the Web Page are manged by Boatly Kft. (registration nr.: Cg. 19-09-518558; address: 8226 Alsóörs, Vasút utca 7.; VAT nr.: 25582769-2-19), and the Lessor (thus the boat owner who concludes lease agreement with the Lessee). The personal data of the registered Lessee are store and managed by Boatly Kft. with regard to the reservation activity carried out on the Platform or for the purpose of facilitating lease agreement, for contacting purposes and for providing information about the discount offers of the company in compliance with the applicable legal provisions. The Lessor stores and manages the personal data of the registered Lessee in compliance with the applicable legal provisions with the purpose of completing performance of the lease agreement and to have proof if needed later .

9.3. The Service Provider shall transfer the data of the Lessee only to the Lessor exclusively for the above reasons.

9.4. In case of authority/judicial procedures carried out regarding damages/accidents or other reasons with regard to the lease agreement concluded with the Lessee, the Lessor is entitled to retain the data of the Lessee provided through the Platform for the period ending 1 year after the legally binding closing of such procedures or 5 years after the termination of the lease agreement.

The Service Provider shall manage the data until the registered person terminates his/her registration.

In other cases, the Service Provider deletes the data upon request by the registered persons. Such deletion requests shall be sent to the support@boatly.hu e-mail address. The data will be deleted within 72 hours from the start of the working day following the receipt of the request.

With the registration, You hereby agree with the above.

9.5. According to the effective legal regulation, the data provider informs the concerned person upon request about the person’s data managed, processed by him or his data processing designee, the source of these data, the purpose of data management, its legal basis, term, the name, address and activities of the data processor, about the circumstances of possible data protection incidents, the incident’s effects and the preventive measures taken, also (in case of personal data transfer) about the legal basis and addressee of data transfer.

(Act CXII. of 2011. on informational self-determination and the freedom of information)

9. Consumer Protection

Registered address of the Company:
(HU) 8226 Alsóörs, Vasút utca 7., Hungary

Complaints managed at:
(HU) 8226 Alsóörs, Vasút utca 7., Hungary

Tel: 06304287845
e-mail:
support@boatly.hu

In case of consumer rights related disputes, the customer may consult the mediation board or the court of justice competent at the residence address of the consumer. According to Section 1.a of § 17/A of Act CLV. of 1997., the contact data of Hungarian Mediation Boards are the below:

CONTACT DATA OF MEDIATION BOARDS

Bács-Kiskun megyei Kereskedelmi és Iparkamara mellett szervezett Békéltető Testület

Address: 6000 Kecskemét, Árpád krt. 4.

Tel: 06-76-501-500

Fax: 06-76-501-538

Postal address: 6001 Kecskemét  Pf.  228.

 

Baranya Megyei Békéltető Testület

Address: 7625 Pécs, Majorossy I. u. 36.

Tel: 0672-507-154

Fax: 0672-507-152

E-mail:bekelteto@pbkik.hu

Web: www.pbkik.hu

 

Békés megyei Kereskedelmi és Iparkamara mellett szervezett Békéltető testület

Address: 5600 Békéscsaba, Penza ltp. 5.

Tel: 06-66-324-976

Fax: 06-66-324-976

Borsod-Abaúj-Zemplén Megyei Gazdasági Kamarák mellett működő Békéltető Testület

Address:  3525 Miskolc, Szentpáli u. 1.

Tel: 06-46-501-091, 501-870

Fax: 06-46-501-099

Budapesti Kereskedelmi és Iparkamara mellett működő Budapesti Békéltető Testület

Address: 1016 Budapest, Krisztina krt. 99.

Tel: 06-1-488-2131

Fax: 06-1-488-2186

E-mail: bekelteto.testulet@bkik.hu

Csongrád megyei Kereskedelmi és Iparkamara mellett szervezett Békéltető Testület

Address: 6721 Szeged, Párizsi krt. 8-12.

Tel: 06-62-554-250/118

Fax: 06-62-426-149

E-mail: bekelteto.testulet@csmkik.hu

Fejér megyei Kereskedelmi és Iparkamara mellett szervezett Békéltető Testület

Address:  8000 Székesfehérvár, Hosszúsétatér 4-6.

Tel: 06-22/510-310 vagy 06/22-510-323