General Terms and Conditions
for the Rental of Small Pleasure Sail Boats
at Lake Balaton
General Terms and Conditions
- These “General Terms and Conditions” agreement (hereinafter referred to as: “GCTC”) was concluded between:
- EASTCRAFT Szolgáltató és Kereskedelmi Korlátolt Felelősségű Társaság (Address: 2364 Ócsa, Némedi út 69.; Company Reg. No.: 13-09-128535, Tax No.:14752126-2-13, Bank Account No.:10700567-49609703-51100005, represented by: Rozália Helmeczi, Managing Director, the Company is hereinafter referred to as: the “Lessor”),
- and the Lessee of the boat (Name:…………….………………………………………………………………,
Address:…………… …… ………………………………..……………………………………………………..,
Mother's name:……………………………………………., Personal Identification Card No:…………………....), who shall be the Lessee specified under the Boat Rental Agreement, who may be a natural person or a legal person representing any company, hereinafter referred to as: the “Lessee”, subject to the following conditions:
Subject of the Rental: small sail boat(s) in the ownership or operation of the Lessor.
Base or return port of the rented boat: Balatonkenese, Kenese Marina-Port
I. General Rental Conditions
• The Lessor shall offer two options for boat rental:
1. Rental of the boat without a skipper.
2. Rental of the boat with a skipper.
• he boat may be rented for one of the following purposes:
1. Cruise sailing
2. Race sailing
Race sailing shall mean all organised events or occasionally launched group sailings, at the announcement of which the words ”race”; ”regatta” or synonyms of these words are included in the call for competition/the race, or if the boats are racing on a race course established on the water subject to fixed rules, or if the boat participates as an unregistered competitor in the specified race arena (e.g.: Blue Ribbon, Whitsun Regatta).
Rental prices for cruise sailing and race sailing – due to the level of risk - shall differ as to prices. Upon the request for an offer, but no later than prior to the commencement of the rental (before the handover of the boat), the Lessee shall inform the Lessor about the purpose of the rental and the way of use thereof. If the Lessee notifies the Lessor on the day of the start of the rental that he/she wishes to rent the boat for the purpose of race sailing instead of cruise sailing, then the boat may only be handed over subject to payment of the price variance on the spot. Otherwise, the down payment paid shall not be returned and the boat shall not be handed over.
During the rental period, the Lessor shall be entitled to check the purpose of use of the boat rental. Since the boats are equipped with a satellite tracking device, participation in any race can be objectively proved. If it can be verified that the rental of the boat for the purposes of use is for race sailing instead of the reported cruise sailing, that shall immediately be considered as a breach of contract, and the Lessor shall be entitled to immediately suspend the Boat rental. The rental fee and deposit paid shall not be refunded. The Lessee shall have no claim whatsoever against the Lessor for any damages to property and non-material damages arising out of the situation thus created.
The Lessor shall ensure that the boat(s) made available to the Lessee shall be supplied with a Certificate of Registry, a boat log, insurance certificates and the statutory safety and rescue equipment (in accordance with List of Equipment Items No. 4 of KÖVIM Decree No. 2/2000 (VII.26)).
The equipment items – inventory items – of the Boats shall be included in Appendix 2:”Boat Equipment List” which shall be available on the Boat, on the basis of which also the handover/acceptance of the Boat shall be performed.
• The Hungarian version of the Instructions Handbook of the Boat, the maps of Lake Balaton Ports and the Information required for Waterway Transport shall also be available on the Boat.
• It is possible to place one passenger car per boat in a closed parking lot in the area of the port. In excess of this, the number of parking lots shall be requested upon booking, and a supplementary parking fee for additional parking spaces shall be paid in advance on a daily basis, in accordance with to the prevailing rates.
• Port services: drinking water, electricity, cable television services at the pier, bathrooms, restrooms and other additional services shall be used in accordance with the prevailing Port Rules and port services.
• No surcharges shall be payable for using the open-air bath located in the area of the base port.
• The use of wellness facilities in the area of the Hotel can be requested at our port office for extra charge.
• The Lessor disposes of appropriate charter - CASCO and third-party liability insurance with regard to the boats, for the purpose of the coverage of any damages arising due to negligent handling. CASCO insurance shall not cover damages arising due to unintended use and other wilful misconduct (see Section 5). Such damage cases may be e.g.: wilful misconduct, disorderliness, or any causation of injury due to other disorderly conduct, also dropping of objects of boat equipment into the water. The Lessee shall bear full financial liability for all losses or damage(s) which are not covered by the insurance policy, and where it can be verified that the injury occurred during the rental period, or although CASCO insurance does cover the damage incurred, but the excess payable of the damage exceeds the amount of the deposit paid. The Lessor shall in the first place settle the repair of damages, the excess of the insurance, and the mitigation of its costs from the deposit.
• Following the takeover of the boat, foreign port service fees, the costs of fuel and other required assets shall be paid by the Lessee of the Boat in addition to BAHART ports’ mooring fees.
• The fees of individual additional services may vary subject to individual rental periods. The Lessee may find information about the prices and exact conditions of such services at the http://www.eastcraft.hu/foglalas/ajanlatkeres/ - web site.
• If during the rental period the Boat needed repair, then in each case the Lessor shall have such repair performed at his/her own expense, regardless of which port the Boat is waiting. The Lessor shall not be liable to reimburse any repairs performed by the Lessee.
• The Lessor shall draw the attention of the Lessee to the fact that for the period of use of the Boat he/she does not dispose of a passenger insurance, an accident insurance, or luggage insurance for the loss of personal items stored on the boat, and has no luggage insurance for appropriation of the vehicle stored in the parking lot and any items left in the vehicle, and such insurances do not constitute part of the boat rental services.
II. Boat usage
Lessor assumes full knowledge of water transport rules and regulations upon checking skipper IDs.
Inappropriate usage of the boat is considered a breach of contract. In this case the entire rental fee must be paid in addition to any damages that are not covered by insurance, such as deductibles or intentionally caused damages.
II.1 General operational conditions
• The category of the boat is a small pleasure sail boat.
• Usage location/area: Lake Balaton
• Rental is subject to a mutually accepted rental agreement.
• Lessee must accept the General Terms and Conditions, and the conditions described in the rental agreement and inventory appendix.
• All boats comply with Balaton area technical rules and regulations. It may only be used as a power boat according to water transport rules.
• The Boats shall be handed over with a full tank of fuel. Prior to returning, the sail boat fuel tanks shall be fully filled up by the Lessee at his/her own expense, at the natural port, on the basis of the “received with full tank and return with full tank” principle.
• The normal engine use is an average 1 hour per day. Any additional fuel used due to additional engine usage is considered the Lessee’s cost. Fuelling may never be performed by the Lessee.
• For additional engine usage over the normal engine use of an average 1 hour per day the Lessee will be charged 10,000 HUF+VAT for every hour run.
• Lessee may not leave the water area of Lake Balaton and dry docking the boat under any circumstances is prohibited!
• The Boat may be rented only if a certified skipper and one experienced crew member is on board.
• The Lessee must examine and acquire all practical knowledge necessary to properly operate the Boat and those explaining boating conditions of the area.
• Lessee may not sublease or transfer the rental agreement of the Boat to a third party without a written consent from the Lessor.
All pilots must be noted in the rental agreement and in this case all pilots must show IDs and skipper certifications.
In case the Boat is involved in an accident or is damaged, this fact must be reported to the Marina Authorities by the Lessee. In addition, the Lessee is responsible to create a written report of the incident and to report the case to the Lessor as soon as possible, but no later than within 2 hours! If the Lessee fails to do so and the insurance reimbursement is denied due to this fact, the Lessee will be obligated to pay for all damages!
Lessor is not responsible for any personal items left on board. Lessee may take out an insurance of his/her choice to cover personal property.
• The following are considered inappropriate usage:
a) Disregarding conditions stipulated in the General Terms and Conditions.
b) Disregarding boating rules and regulations.
c) Disregarding marina rules.
d) Driving while intoxicated or under the influence of drugs.
e) Competing or racing with the boat.
f) Using the sail boat for training.
g) Towing other water crafts.
h) Boarding too many people or boarding somebody who is not on the crew list.
i) Inappropriate use of common premises of the marina or violating marina rules to that effect.
j) Causing damages to the inside or the outside of the boat or any equipment (ink stain, wearing inappropriate shoes, damages, stains to bed wear).
k) Taking acrid chemicals on board.
l) Smoking in non designated (cockpit) areas, cabins.
m) Sailing out in wind stronger than a 6 on the Beaufort scale.
n) Any permanent damages such as damages caused to the boat, engine, sails, mast, bottom water pump, anchor, rope, navigation lights, compass, life preserving equipment, or there is not enough fuel for the given weather conditions, or the crew conditions are not appropriate or any of these conditions endanger the safety of the Boat.
o) When needed the surface of the sails must be reduced immediately to ensure safe sailing and to avoid too much tension or too much pressure on the mast and in the sails.
p) Operating the boat without sufficient navigation lights at night or sufficient safe guards on board.
q) In case of an accident, damage or fault, the Lessee does not notify the owner of the Boat by phone or SMS at the following phone numbers: 06 20/775-1544; 06 20/554-2723.
• The Lessee is responsible to notify the Lessor about any non-urgent repairs that incurred during the rental period as well, even though the fault does not affect the operation of the Boat. If damages that threaten life or property are not reported, the Lessor may press criminal charges.
II.2 Using the Boat in a storm
All boats comply with Lake Balaton area safety standards, thus are safe in storms as well, but due to inappropriate use, damages may be caused to the hull, engine, ropes, sails, or may threaten the safety of the crew or the Boat.
According to this contract, the storm warning, a well visible light signal warning offshore of the National Weather Service is considered a storm warning.
• The designated skipper of the Boat is responsible for following the weather conditions and storm warning (www.met.hu or marina master’s office).
• The Boat cannot be used in wind stronger than 6 on the Beaufort scale. In the case of a stormy wind stronger than 6 on the Beaufort scale, seek a shelter marina immediately or ride at anchor and shut all the windows and doors. You should not sail out while the Boat instruments show the following values, or stronger wind.
625-27 nots40-50 km/h25-31 mp/h10,8-13,8 m/sStrong windLarge waves
• When sailing in wind 5 or 6 on the Beaufort scale, wearing a life vest is MANADATORY for everybody on board.
• It is prohibited to leave the Boat without a supervisor when riding at anchor or in a harbour with heavy waves (including single and double jetty area).
• If any day of the rental period, 50% of the time during the day a wind stronger than 6 on the Beaufort scale is experienced, the Boat stays in the marina, but Lessee will be compensated with one whole day of rental outside the rental period, that may be redeemed by appointment.
Violation of any rules laid out in this point that causes damage to the Boat or any other boat, marina equipment or personal injury, the Lessee is fully responsible to pay those damages, and criminal charges may be pressed as well.
III. Taking over the Boat
• The Boat is handed over at the beginning of the rental period, as agreed in the contract by appointment and takes at least one hour. Introduction of the Boat and crew is part of the rental period. The designated skipper must show a valid certificate, ID and address card. Copies of those documents will be attached to the contract. The Lessee must pay a deposit specified in the rental agreement and valid price list prior to taking over the Boat.
• The Lessee must pay a deposit specified in the rental agreement and valid price list prior to taking over the Boat.
There are two options for deposit based on the rental agreement:
1. Cash: When taking over the Boat Lessee pays a cash deposit to cover partially or in whole any possible damages not covered by insurance. The deposit will be refunded upon returning the Boat according to the rental agreement and the inventory list.a Hajó átvételekor a kaució összegét a Bérlő letétbe helyezi a Bérbeadó részére garanciául, mely letét részben vagy egészben fedezni tudja a Bérbeadó a bérleti szerződés 1. pontjában említett, a Biztosítási kötvény által nem fedezett, a Hajóban, vagy a felszerelésében esetlegesen keletkező veszteségekre és károkra vonatkozó követelését, gyorskárát. A kaució a Bérlőnek visszaadásra kerül, miután a Bérbeadó a hajót a “Hajó tartozék jegyzéke” általi leltárát a Bérlővel közösen megvizsgálja, és a Hajót illetve a tartozékait hiánytalanul visszaszolgáltatja a Bérbeadónak.
2. Deposit insurance: a supplemental insurance for the rental period. This cost will not be reimbursed.In case there was damage caused to the Boat and damages cannot be covered by the deposit amount, the Lessor is responsible for paying for them.
Conditions of applying cash deposit and deposit insurance:
N: scription of rental period: Cash deposit: Deposit insurance:
1. Full week Compulsory Not optional
2. Short week Compulsory Not optional
3. Weekend Optional Optional
4. One day at weekend Optional Optional
5. One day on a weekday Optional Optional
6. Racing day Compulsory Not optional
7. Half-day with skipper No deposit No deposit insurance
o In the case if the Lessee rents a skipper for the rental periods 1-6 of Table No. 2, that shall not modify the conditions of applying the deposit and deposit insurance.
o In the case if the Lessee has paid a cash deposit, and the damage caused to the Boat, or the excess-amount thereof is higher than the cash deposit paid, then the Lessee shall bear a financial liability for the difference.
o In the case if the Lessee has paid a deposit insurance, then any damage(s) caused to the Boat due to negligent handling shall be covered by the deposit insurance. In addition thereto, the Lessee shall not be obliged to pay any additional fees.
o In the case if the Lessee has paid a deposit insurance, then the deposit insurance shall not cover the damage(s) intentionally caused to the Boat. The damages caused by wilful misconduct shall be paid, and the paid deposit insurance shall be imputed into the costs of repair.
• Before signing the inventory checklist, the Lessee has the right to inspect the Boat and all related equipment. Any discrepancies should be noted.
• Lessor informs the Lessee of all repair or replacement costs up front. Parties agree that those costs can be deducted from the deposit.
• The Lessee has one hour after taking over the boat to indicate any discrepancies. If the Lessee has already sailed out, the one hour shall be calculated based on the time when untying the boat.
• The Lessor has the right to ask for a demonstration of boating knowledge from the crew proving skills of safe navigation on Lake Balaton with Lessor on board. If Lessee fails this testing, the Lessor has the right to cancel the contract or to order a skipper on board at Lessee’s expense for the entire rental period to ensure the safety of the Boat and all passengers. The time allocated for the testing is part of the rental period. In the case of any dispute, the Lessor has the right to cancel the contract without paying any compensation.
• he Lessor is obligated to hand over a sail ready, empty, and clean Boat to the Lessee.
• Handing over the Boat consists of:
a. Understanding the General Terms and Conditions,
b. Checking the Boat equipment,
c. Inspected the outside of the Boat,
d. Discussing the specialties of the Boat and handling instructions,
e. Paying the deposit,
f. Signing the Rental contract, the Inventory sheet and the General Terms and Conditions,
g. Docking test.
h. Handing over the Boat happens when the keys and the Boat documents are handed over.
• One hour after signing the Rental contract, the Inventory sheet and the General Terms and Conditions the Boat is considered taken over, and the Lessee is responsible for any accidents or damages, or any loss of time or incurring cost due to faults.
IV. Return of the Boat
• Return of the Boat is on the last day of the rental period, maximum one hour before sunset.
• After inspection of all Boat equipment and condition of the Boat a written report is filled out and the keys and documents are returned.
• If the Lessee does not remove personal property before returning the Boat, they are obligated to pay an overtime charge equal to 130 % of the daily rental fee.
• If this unrightful use prevents the Lessor to rent out the Boat to a new customer, then this Lessee is obligated to compensate, the Lessor for the loses.
• The rental fee does not include the cost of the inside and outside cleaning fee. The Lessee may not perform the cleaning, since it affects the condition of the boat when inspected. Valid prices for cleaning are listed and are always deducted from the deposit.
If the Lessee leaves the Boat at a different marina, other than the one designated in the contract, the Lessee is responsible for paying the cost of transferring the Boat to the appropriate marina.
When returning the Boat, parties check the Inventory list together. If any piece of equipment is damaged or is missing, the price will be deducted from the deposit. If there is no price listed, the deposit will be kept until a price quote is received.
V. Boat rental reservation or cancellation
• Our sail boats can be booked via the internet (www.eastcraft.hu), personally or by phone (+36-20 554-2723).
• In addition to early booking discount, rental discounts can only be provided in case of on-line bookings!
• The rate of the prebooking discount is independent of the method of booking.
• In case of the acceptance of our offer, a down payment shall be paid within 7 working days. The Boat shall not be offered to any other persons interested during those 7 working days, and it shall not be sold.
• The rate of the down payment for a competition day shall be 100%, in the case of any other rental periods it shall be 50%.
• The remaining amount shall be paid one week prior to the takeover of the boat.
• The deposit shall be lodged no later than immediately before taking over the boat, which amount shall be repaid when returning the boat.
• The exact number of passengers shall be provided no later than on the day preceding the takeover of the boat.
• Booking can only be changed within the same rental period for 10% surcharge, subject to occupancy.
•Booking of the Boat for any rental period may be initiated by the payment of the rental fee pertaining to the entire rental period, or the down payment included in the valid price list. In this case, the Lessor shall make the Boat available to the Lessee in a seaworthy condition for the period concerned. In the case if the Lessor is not able to ensure the handover of the Boat in accordance with the booking – with the exception of the cases listed below that qualify as FORCE MAJEURE -, then the Lessor shall repay twice the amount of the down payment. In cases qualified as FORCE MAJEURE, only the paid down payment shall be refunded.
Qualified Force Majeure:
a. The boat was damaged during a previous rental to the extent that it is not suitable for sailing and this fact was not reported to the Lessor by the Lessee within 5 days.
b. If the authorities seize the boat.
c. The boat was stolen.
• If the reservation was cancelled for any reason after paying the deposit. The Lessor reserves the right to keep all payment if another Lessee is not found for the same rental period.
• In the case when the Lessee decides to return the Boat sooner than the end of the rental period, the Lessor is not obligated to refund any proportional rental fee.
• The rental agreement may only be transferred to a third party if that third party signs the exact same contract with the Lessor and the entire rental fee is paid for..
• If the Lessor is not able to rent the reserved Boat -because of a service reason- Lessee must accept a similar or higher quality boat.
VI. Insurance exemptions
The Lessor informs the Lessee, that the following cases are not covered by the insurance, thus are considered the Lessee’s expense:
a. The water craft was not used for pleasure, but racing. Other than pleasure use may be permitted with consent from the insurance company.
b. Damages caused intentionally or by negligence of the Lessee.
c. Damages caused by the following:
o Usage of chemicals or electromagnetic waves.
o Terrorism, regardless of the number of people involved.
o Riot, strike or war.
o Intervention, loot, force majeure or if the boat is seized.
d. Direct damages (lesser value, loss of profit, limitation of competitiveness).
e. Loss of money, jewellery, cell phone, dropping personal property in the water.
f. Sailing out in wind stronger then 6 on the Beaufort scale.
Balatonkenese, 2011…. …………………………. .……..
I accept the mandatory compliance with East-Craft Ltd.’s General Terms and Conditions for myself and the passengers of the Boat.:
Signature of Lessee: ………………………….
Undersigned ……………………….. on behalf of East-Craft Ltd. I provide all conditions stipulated in the General Terms and Conditions.
Signature of Lessor: ………………………….