General terms & conditions
GENERAL TERMS & CONDITIONS (GTC)
For the pleasure craft: electric small boat rental on Lake Balaton
Owner: Big Shot. (Address: Hungary - 1115 Budapest, Fraknó street. 6/b., Cg.: 01-09-464427, manager: Varga, Attila)
A Renter may be a natural person or a person representing a business company, hereinafter referred to as the Renter.
The subject of the Rental: the Suncamper 35 small boat operated by the lessor.
The base or return port for the boat to rent: Sailboat docks Siófok: Hungary - 8600 Siófok, Vitorlás street 10.
I. General Terms for the Rental
There are 2 opportunities offered by the lessor for the boat to rent:
a) Adventure boating with captain (skipper)
b) Multi-day rentals:
- Rental without a Skipper (Captain), if at least one of the persons on-board has the license to drive inland waterway, small pleasure craft
- Rental with professional Skipper (Captain).
Everyone uses the boat at their own risk, knowing that it might be dangerous, whether with or without a skipper. If, in spite of the prohibition, personal injury or death or any damage due to influence of alcohol or intoxication occurs full compensation shall be paid by the renter.
After accepting the rental offer and payment of the rental feel the renter and all the additional person on board automatically accepts these General Terms and Conditions (Rental Agreement).
The renter states the fact that he has been given the warning that the Skipper (captain) driving the boat should not drive the boat when being tired or under influence of alcohol, intoxication or even anything else.
There are 2 types of Boat Rental:
1. Adventure boating only
2. Boat accommodation and shipping
• The lessor is entitled to check the purpose and method of using the boat during the entire duration of the rental.
• The Lessor shall ensure that the boat is provided with the ship's log, logbook and statutory safety and rescue equipment at the time of Check-in. The Lessor shall make the Boat available to the Renter cleaned-up, in a serviceable condition, operational for the intended use, together with the items indicated in the list of accessories.
• The accessories of the boat – inventory list – can be found in the Appendix # 2 „Boat Accessories List” on the basis of which the handover of the Boat also takes place.
• Maps of the ports of Lake Balaton and a textbook containing the knowledge necessary for water transport were optionally placed on the Boat.
• It is possible to park one car per boat in a closed parking space in the port area. If the lessor hands over the magnetic card belonging to the closed parking space to the renter upon receipt of the boat, for which the renter is responsible and undertakes to keep the entrance to the parking space closed outside the off-on position. In case of damage or loss of the magnetic card, the renter is obliged to reimburse HUF 25,000, i.e. twenty-five thousand Hungarian forints to the Lessor. In addition, the number of parking spaces required must be stated at the time of booking and an additional parking fee must be paid in advance for the additional parking spaces (if there are still free parking spaces) in accordance with the current tariff.
• Port services: drinking water, electricity, bath, toilet and additional services are used in accordance with the current port regulations and port services.
The Lessor has arranged adequate charter - CASCO and compulsory liability insurance for the Boats to cover damages resulting from negligent handling. CASCO insurance does not cover damage caused by improper use and other intentional damage (see point II). Such damage can be, for example, intentional damage, dating or other damage attributable to disturbing activities, as well as dropping objects of ship equipment into the water. The Renter shall be fully liable for any loss or damage (s) not covered by the insurance policy and the damage event can be proven to have occurred during the rental period, or CASCO insurance covers the damage, but the deductible of the damage event exceeds the paid amount of the deposit. The Lessor is primarily responsible for settling the repair of damages, the deductible of the insurance and the alleviation of its costs from the deposit.
• After the handover of the boat, the costs of the other (foreign) port service and additional service fees, as well as other necessary supplies shall be borne by the Renter.
• Should the Boat be repaired during the rental period, it will be carried out by the Lessor in all cases. The Renter is obliged to notify the Lessor immediately of any errors.
• The Lessor draws the Renter's attention to the fact that during the use of the Boat there is no passenger insurance, accident insurance or luggage insurance against the loss of personal belongings on board, and no luggage insurance against theft of the car stored in the parking lot and the items left in rental service.
II. Use and operation of the Boat
The Lessor, upon the rental and then during the rental time, assumes full knowledge of the applicable Water Traffic Rules with respect to the Boat Driver (based on the valid inland navigation license presented).
Improper use is considered an extraordinary breach of contract and will result in immediate termination. In the event of immediate termination of the contract, the charter of the Boat must be terminated, and the full charter fee and all damages of the Lessor that arise in the Boat and are not covered by the concluded insurance agreement (eg: part, intentional damage) must be paid.
II.1 General operating conditions
• Purpose of the Boat: boat accommodation, shipping
• The area of use of the Boat: Lake Balaton. / protected water area with limited engine use /
• The object of the Rental Property can be rented exclusively with a valid (mutually accepted) rental agreement.
• The Renter must accept the General Terms and Conditions governing the rental in the Rental and the Boat Accessories List (inventory ). - by accepting the rental offer or paying the advance or the full rental fee, possibly by starting the boat tour
• The Boat meets the technical requirements prescribed and expected for Lake Balaton.
• It is forbidden for the Renter to leave the water system of Lake Balaton with the Boat, to lift the Boat or to remove it from the water system in any other way!
• The Boat can be rented only if the Renter has a minimum of 1 qualified captain (skipper who has a valid inland waterway, a boat driver's license approved by the authorities at Lake Balaton). The renter shall be responsible for the validity of the boatmaster's license and its acceptance by the authority. Failure to do so may require a captain, the cost of which shall be paid by the renter.
• Renter may not sublet, lease or transfer the Boat to any third party without the written consent of the Lessor. The rental agreement must indicate if more than one person authorized to drive during the charter period wishes to drive the Boat. In such a case, the identity document of each person designated for driving and the small boat driver's license must be presented.
• If the Boat causes an accident or damage, the Renter is obliged to request clarification of the damage or accident and its circumstances from the nearest Port Authority, and to prepare a written report and report on all of these, at the same time to the Lessor (+36 30 452 1941 or email@example.com – he/she must notify the Lessor as soon as possible (maximum within 30 minutes after the accident)! If the Insurer refuses to indemnify due to the failure to report the loss event within this time frame, the Renter must reimburse the entire damage caused!
• The followings are considered improper use:
- Non-compliance with the GTC and the Rental Agreement. Use contrary to its intended use.
- Violating the provisions of the Shipping Regulations
- Failure to comply with the applicable port regulations.
- Under the fluence Drinking, tired, alcoholic or other drugs, intoxicants, driving under the influence of medication or bribery.
- Towing other craft. The Renter may not endanger the safety of the chartered Boat and its crew, even in an emergency.
- If the Renter exceeds the number of seats (berths / number of passengers) specified in the rental agreement, or the persons on-board are not included in the list of passengers specified in the rental agreement.
- If the Renter exceeds the number of berths (berths / number of passengers) specified in the rental agreement of the Boat, or the persons on the Boat are not included in the list of passengers specified in the rental agreement.
- If the boat and the port's common areas are used improperly, without prejudice to the rights and legitimate interests of others.
- 8. If the Renter causes damage to the interior, furniture or structure of the Boat by improper use of the equipment in the interior and exterior of the Boat (eg ink stain; scratches; use of unsuitable shoes; damage/dirty the bed or bed linen) .
- When corrosive and / or explosive chemicals are carried on board.
- If they smoke inside, in the enclosed part of the Boat.
- When boating at night without navigation lights and without sufficient on-board watchkeeping personnel.
- If, in the event of an accident, incident, breakdown and / or any obstruction, you do not inform the Lessor by phone or text message on +36 30 452 1941
- Do not fill water tanks completely when refilling. The Renter is obliged to pay damage in case of any water leakage and waterlogging of the furniture.
- If a person is towed by the ship in violation of the rules of water transport, the Renter is obliged to stand up to the police and in the direction of the Lessor.
- If the boat tracker indicates that the boat was shipping in shallow water.
- If the boat is left unattended at anchor, without at least 1 statutory responsible staff member who can investigate if necessary.
- If, contrary to the Lessor's request, the Renter departs from the Boat due to the weather conditions, or refuses to enter the port immediately, the Lessor may terminate the rental with immediate effect and retain the rental fee or the deposit.
- If the Renter obviously does not have sufficient experience and knowledge to drive the Boat, the Lessor may terminate the rental agreement with the Renter with immediate effect who is obliged to immediately hand over the Boat to the Lessor. The rent fee in this case will not be refunded to the Renter.
II.2 Using the Boat during a Storm
• It is the duty of the Boat Captain/Skipper to monitor the “storm (forecast) warning” and to obtain information in connection with the weather forecasts (www.met.hu; or the Harbor Master's Office).
II.3. Useful tips for using the boat
Do not jump into water with high body heat!
Protect yourself from the sun!
It is forbidden to jump off the boat and it is dangerous from many perspectives!
Always monitor the storm lights on the shoreline!
Observe the battery charge level on the control panel.
Avoid shallow water in order to keep the propeller and engine safe.
Avoid the shoreline and bathers for their physical safety!
Avoid the seaweed reed area in order to ensure the integrity of the propeller and drive bearings, check the propeller and clean it if necessary.
Avoid anglers in a big arc!
Avoid all kinds of watercraft approaches, shipping routes, ferry crossings, and buoys and objects on the water!
III. Handover of the Boat
• The Handover of the Boat to the Renter takes place at the beginning of the boat rental period, which is fixed by the parties in the Rental Agreement. The time of introduction and getting to familiar with the Boat is part of the rental time according to the Agreement. The handover will take place at an agreed time, which will take approximately one hour. All named drivers of the Boat are obliged to present a valid boat driver's license, as well as their identity card and address card, of which the Lessor may make a copy attached to the agreement.
• Before taking over the Boat, the Renter must pay the deposit indicated in the rental agreement as per the current price list, as well as the full rent fee.
When handing over the boat, the Lessor shall not be liable for any delay in time and shall not be liable to the Renter
The Lessor is obliged to hand over the Boat to the Renter in a suitable and usable condition (excluding minor defects that do not affect the use), empty and clean.
• Handover of the boat will cover:
a. Introduction and acknowledgement of the GTC,
b. Check of the list of accessories
c. an external inspection of the Ship,
d. the management of the Ship, acquaintance with its rigging and specialties,
e. payment a deposit,
f. signing the Boat Accessory List and the Rental Agreement,
g. if necessary, a test starts with setting on and off.
h. the boat is handed over upon receipt of the boat key and documents.
• 1 hour after the signing of the Rental Agreement or the departure (if it takes place in less than 1 hour) the Boat is considered to have been taken over by the Renter, therefore the Boat is under the Renter's full responsibility and the Renter has no right to make a claim against the Lessor for any loss of time or expense resulting from an accident, damage, or malfunction.
III.1. Deposit (caution money)
Cash deposit: upon receipt of the Boat, the Renter shall provide the amount of the deposit as a guarantee to the Lessor, which deposit may be covered in part or in full by the Lessor in the event of any damage to the Ship or its equipment loss or damage. The deposit will be returned to the Renter after the Lessor checks - together with the Renter - the inventory of boat based on the “Boat Accessories List” and then returns the boat and all the accessories to the Lessor in perfect technical condition.
III.2. Use of Deposit
• Before signing the “Boat Accessory List” form, the Renter has the right to thoroughly check the boat and its equipment to ensure that all of the items listed on the list are in good and operational. Any exceptions should be recorded in the"Boat Accessory List" before the sign-off.
• The Lessor may withhold the security deposit paid by the Renter until the damage / failure is eliminated and the Lessor is obliged to return the remaining amount to the Renter, after deducting the costs, as agreed.
• Lessor is entitled to keep the deposit even in case of improper use
After the handover of the Boat, the Renter has 1 hour to notify the Lessor and record on the Accessory List any damages/missing items detected on the Boat.
IV. Returning the Boat
• The return date of the Boat is the last day of the entire rental period. The latest date for the return can be found on our website - (Our price list menu item, Rental periods) or at the time indicated in the offer sent by email.
• The Lessor can only take the Boat back from the Renter in daylight conditions.
• The return is done by returning the Boat Keys and documents after checking the Boat Accessories List and recording written the condition of the Boat.
• If the Renter does not evacuate and return the Boat on time, he is obliged to pay the additional for the unauthorized use of the Boat. This would be130% of the current daily rent fee. If the person is not authorized to use the Boat anymore and this would prevent the next Renter from taking over the Boat, the unauthorized user will need to pay compensation.
• The rental fee does not include the cost of extra (during the stay) external and internal cleaning. External and internal cleaning cannot be performed by the Renter himself, as it also serves as the check of the cleaning for the Lessor. The current cleaning costs are included in the current price list. If the Renter transfers the Boat to the Lessor in a condition exceeding the average cleaning, the amount of the extra cleaning will be deducted from the deposit.
• Upon delivery of the Boat, the PARTIES shall check together the Boat Accessories List. If an item is damaged or lost due to intentional or negligent damage, the Lessor shall withhold the deposit until the item has been repaired or may require the Renter to pay compensation for the damage, if the cost of repairing can be only finalized after a request for price/quotation. In this case, the full deposit will be withheld until the quote is received.
V. Booking and cancellation
• Our boat can be booked online (www.holidayboatbalaton.hu) or at firstname.lastname@example.org email address. For technical and other information and on-call assistance, use the following phone number: +36 304521941
• Upon offer is accepted, the Renter needs to pay the advance deposit within 3 days. The boat will not be offered further by the Lessor to any other person within these 3 days. In high season, because of high demand, this duration may be shortened, which would be mentioned in the actual offer.
• The advance deposit is 50% of the total rental fee.
• The remaining amount shall be paid upon receipt of the Boat.
• The caution money must be deposited latest by the time before taking over the Boat, this will be refunded in cash upon return of the Boat. If a damage event has occurred, Lessor will act as per the bullet point III.2 above.
• The exact number of passengers must be provided no later than the day before taking over the Boat.
• Bookings can only be moved for the same or a lower rental period and at least 14 days before the start of the original rental period at no extra charge and based on the boat availability. If you wish to cancel your reservation within 14 days, you need to pay a 50% of total rental fee.
• The booking of the Boat can be initiated by paying the rent for the entire rental period or the amount of the advance in the valid price list. In this case, the Lessor should make the Boat available to the Renter in suitable condition for navigation .
• If the Lessor - except in the following cases classified as FORCE MAJEURE - is unable to ensure the delivery of the boat in accordance with the reservation, the Lessor should pay back the deposit to the Renter. Even in cases as FORCE MAJEURE, only the deposit will be refunded.
FORCE MAJEURE cases:
If the boat has been damaged in the previous rental period and it is not possible to navigate and the Lessor has not notified the Renter at least 5 days prior to the rental period.
b. If the authorities have locked the boat.
c. If the boat was stolen.
• In the event that the Renter decides to terminate the rental prematurely and return the Boat before a specified date, the Lessor shall not be obliged to pay back the rest of the rental fee.
• The Renter may only transfer the rental right to a third party: in case of prior written consent of the Lessor and if the full rent fee has been paid and the third party accepts the same agreement with the Lessor as the original Renter did.
VI. CASCO insurance exclusions
The Lessor draws the Renter 's attention to the fact that in the following cases the Lessor' s cost will be not refunded based on the CASCO insurance for the Boat or , if the damage was caused Renter, the Renter is fully liable for the damage:
Conditions excluded from the insurance:
a. Damage occurring when the boat is used for a purpose other than sports or entertainment
b. In the event of damages caused by the Renter intentionally or through gross negligence.
c. Damage caused by the followings:
o Damage to the boat's engine and transmission, as well as reversing and its structure.
o Use of chemical, biological, biochemical substances or electromagnetic waves.
o Seizure, confiscation or force majeure, or other interventions.
d. Indirect damage (eg restriction of competitiveness, lower value, missed advantage),
e. Mobile phone, money, valuables, loss of jewelry, or drowning.
f. If a boat runs out of port in a storm above Beaufort Grade 5 and has an accident, the boat will be wrecked.