TERMS AND CONDITIONS

These Terms and Conditions constitute integral part of the contract between Szélforgó Szabadidő Kft. (seat: 1121 Budapest, Mártonhegyi út 13/B., court reg. n.: 01-09-379787; hereinafter: “Operator” or “we”) and the passenger(s) (hereinafter: “Passenger”) who register(s) to the Operator’s program conducted under the brand name “Sail’nJoy”. By registering to Sail’nJoy the Passenger accepts these Terms and Conditions and acknowledge them as binding upon the Passenger.

1. Sail’nJoy

Sail’nJoy is a one-day sailing cruise on the lake Balaton in Hungary on the sailing yacht operated by the Operator (hereinafter: “Boat”) and under the control and ultimate responsibility of the Operator’s fully licenced skipper. In no event will Sail’nJoy run as a bareboat charter (i.e. without the Operator’s skipper on board).

Sail’nJoy is designed to be a whole-day program starting at or around 10:00 a.m. (such time to be agreed between the Operator and the Passenger) and ending around a time in the late afternoon or evening of the same day as agreed between the Operator and the Passenger. The Passenger may request a shorter cruising program, but this will not give rise to an entitlement to any refund of the Fee (as defined below).

The cruises end in the departure port (“Port”), and no point-to-point delivery service is undertaken. However, the Passengers’ eventual requests to disembark at a destination other than the Port may be considered.

2. Weather dependence

Sailing is a passion prone to weather. Distances, directions and duration of Sail’nJoy cruises always depend on the prevailing and forecasted weather conditions. The Operator reserves the right to shorten, interrupt or cancel cruises if it reasonably believes that weather conditions are bad or deteriorating to intolerable state of safety. If, further to such decision made at the Operator’s full discretion, the Boat does not leave the port at all to complete the Sail’nJoy cruise, the Fee will fully be refunded to the Passenger.

In no other event will the Fee be refunded to the Passenger. This provision will apply, inter alia, if the Passenger believes that the prevailing weather conditions are not fit for safe cruising, but the Operator, established at its professional discretion, does not see reasonable grounds to share this belief.

The Operator fully excludes its liability for the Passenger’s any and all claims, expenses, losses, damages, lost profits and financial shortages whatsoever resulting from the Operator’s aforesaid decision, and the time of return of the Boat to the Port (or any other port as may be agreed between the Operator and the Passenger from time to time).

3. The Passenger’s right to request interruption

The Passenger may at any time after leaving the Port request that the Operator interrupts the Sail’nJoy cruise for no cause, and the Operator will promptly make the steps necessary to return to the Port with no delay as permitted by the then prevailing weather conditions (wind force and wind direction).

The Passenger acknowledges and accepts that it is strictly forbidden to run non-electric propulsion engines (hence the engine of the Boat) on Balaton unless justified by emergency reasons affecting the safety of the persons on board or the vessel. If the fulfilment of the Passenger’s request to return to the Port requires to run the engine of the boat, and penalties/fines are levied on the Operator for such conduct, the Passenger will be fully liable to reimburse the Operator for such monetary sanctions.

The Passenger will not be entitled to the refund of any part of the Fee in the event of requests for interruption.

4. The Passenger’s health conditions

The Passenger represents and warrants to the Operator that he/she has no known health condition, illness or other state of body or mind that would prevent him/her from travelling on a sailing vessel. Except for providing immediate first aid and making other relieving actions, the Operator will under no circumstances be liable for any adverse health effects (such as nausea, dizziness, headache, vomiting, dehydration, sunstroke or heat stroke).

Sailing may represent extended exposure to a variety of weather conditions, such as wind, sunshine or rain. The Operator strongly recommends that each Passenger is fully equipped with sunglasses, sunscreens, hats, baseball caps or scarfs, clothes whatsoever that provide adequate UV protection, wind and waterproof jackets and trousers, shoes. The availability of such items is at the absolute responsibility of the Passenger, and the Operator takes no liability for any consequences (health or other) arising from the absence of any of these items.

5. Conduct on the Boat

Cigarette ash may seriously damage the surface of the Boat. It is forbidden to smoke cigarettes or pipes onboard. However, the use of heated tobacco products that do not generate smoke and ash, and electronic cigarettes is permitted unless it is inconvenient for other Passengers.

Sail’nJoy is a program based on relaxation, joy and respect of nature. It is not designed for onboard parties, corporate team buildings, hen or bachelor parties with loud music, overdrinking and inappropriate behaviour.

The Operator reserves the right to (i) refuse to start, (ii) abort or (iii) promptly interrupt the cruise if it reasonably believes that the Passenger’s behaviour, conduct, body or mental state could violate the safety of the Operator’s staff or other Passengers or the Boat, or represents disturbance of the relaxed enjoyment of the cruise. No any part of the Fee will be refunded upon such incidents.

The Passenger will take all reasonable care of the Boat and its equipment. The Passenger will be liable for any loss of or damage beyond fair wear and tear caused by the Passenger to any of the carpets, upholstery, furniture and all other stores, gear equipment and furnishing belonging to the Boat.

6. Safety on board

The safety of the Passengers, the crew and the Boat is of the Operator’s absolute priority. The safety of Passengers is the ultimate responsibility of the Operator. The Operator’s skipper will have absolute authority in matters of navigation, seamanship and safety. Instructions of the skipper given in relation to safety and security matters onboard must be promptly followed at all times by all Passengers. Failure to promptly comply with those instructions might lead to harm to human health, body integrity and loss or damage to property. In no event the Operator or the skipper might be held liable for harms, losses and damages resulting from such failures.

The skipper is responsible for the safe navigation of the Boat and for all decisions on the operation of the Boat, and is the sole judge of whether it is reasonable or prudent to sail at any given time, having regard to the state of the weather and the surrounding circumstances, and also whether any specified anchorage, ports or places are reasonably safe.

Upon the registration to the Sail’nJoy cruise, all Passengers must read and accept the Safety Brief. A verbal safety brief will be held before departure on board where Passengers will be requested to familiarize with the safety features of the Boat. The Operator will not be liable for harms, losses and damages resulting from the Passenger’s failure to comply with advice, recommendations and warnings set out in the Safety Brief or the verbal brief.

Kids are most welcome on board. While their safety is of the Operator’s absolute priority, the skipper’s primary duty is to control and supervise the operation of the Boat. For that reason, the Passengers will exclusively be responsible for the conduct, behaviour and well-being of their child onboard. All children shall be under the Passengers’ supervision at all times, and the Operator will not be liable for any harm to human health, body integrity, losses and damages resulting from the Passenger’s failure to comply with such supervising responsibility.

7. Care of the environment

Passengers must not throw any kind of garbage, residual food or other waste into the water. All such waste must be collected in the designated bin and leave it to the skipper to properly dispose of it on shore.

8. Booking and payment

Inquiries and booking requests will be made via the "Send us a Message' form, and will be confirmed in the Opearator's email.

An Advance Payment of 25% of the Fee is due immediately upon the Operator’s confirmation of the booking by reply email.

The Balance Payment will be paid to the Operator no later than on the last banking day preceding the booked date of the Sail’nJoy cruise. Receipt of the Balance Payment on the Operator’s bank account is a precondition of the commencement of the Sail’nJoy cruise.

Payment is accepted by bank transfer; account details: CIB Bank Hungary Zrt, HUF account: HU47-10700440-72567078-51100005.

Making a booking by the Passenger will constitute implied confirmation of acceptance of these Terms and Conditions, and the Privacy Notice. The Passenger also warrants the accuracy of all his/her information provided both on the Booking Form and in other communications with the Operator.

9. Notice of Withdrawal

Should the Passenger give written notice to the Operator of his/her withdrawal from the Sail’nJoy cruise at least two calendar days before the booked date, the Passenger shall have no liability for the Balance Payment (and if it has already been paid, it shall be refunded), and the Advance Payment shall be forfeit (i.e. finally retained by the Operator).

Should the Passenger give written notice to the Operator of his/her withdrawal from the Sail’nJoy cruise within two calendar days of the booked date, or should the Passenger fail without notice to show on the booked date at the place as agreed with the Operator in the booking confirmation, the Passenger shall remain liable for the Balance Payment, and the Advance Payment shall be forfeit (i.e. finally retained by the Operator).

If at any time prior to the booked date, the Operator gives notice to the Passenger of cancellation, the Passenger shall be entitled to the repayment without interest of all sums paid up until such cancellation. Other than such repayment, the Operator will have no responsibility, duty or liability whatsoever to the Passenger for any and all claims, expenses, losses, damages, lost profits and financial shortages whatsoever resulting from the Operator’s aforesaid cancellation.

10. The Boat

The Operator will supply the Boat in good and seaworthy condition equipped to the requirements of safe cruising.

The Operator will use all reasonable endeavours to deliver the Boat for the Sail’nJoy cruise in such condition at the booked time, but in default, the Operator’s liability will be limited to the return of the Fee paid together with reasonable compensation for travel costs within Hungary supported with proper proof of expenditure. The Operator will have no further liability for any and all of the Passenger’s claims, expenses, losses, damages, lost profits and financial shortages whatsoever resulting from the curtailment or cancellation of the Sail’nJoy cruise.

The Operator will not be liable if such failure is a result of force majeure (eg fire, flood, earthquake, storm, hurricane, other natural disaster), war, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.

The skipper may limit the personal gear brought on board. Personal gear is taken on board at the Passenger’s own risk.

11. Liability

Except for damages caused by the Operator's wilful misconduct or gross negligence, or harm in human life, body integrity or health, the Operator will not have any liability for any and all of the Passenger’s claims, expenses, losses, damages, lost profits and financial shortages suffered in connection with the Sail'nJoy cruise.

Although the Operator and the Boat is properly insured to cover personal injuries and accidents, the Operator strongly recommends that the Passenger has personal insurance providing cover against personal accident, medical and emergency expenses, loss of baggage, personal effects and money, cancellation and travel disruption.

12. Governing law and disputes

This Agreement is subject to the laws of Hungary. In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation and, if such negotiation fails, any dispute shall be resolved by the competent court of the state of Hungary.

Safety Brief

A) The deck of the Boat can be extremely hot in summertime and in bright sunshine. Passengers are strongly recommended to wear appropriate deck shoes, and refrain from walking bare footed on the deck.

B) The deck can be slippery if it gets wet. Passengers are strongly recommended to wear appropriate deck shoes, and refrain from walking bare footed or in flipflops or slippers on the deck.

C) The Boat can become an unstable place to walk in higher winds or waves. Passengers are advised to remain seated in the cockpit and avoid walking on the deck. If in walk, Passengers must always hold on a fixed element of the rig, such as shrouds and safety rails – and never on loose ropes.

D) Even in mild winds nausea and dizziness may develop if staying down in the cabin for a longer time. Passengers are strongly advised to spend as little time as necessary down to avoid such inconvenience.

E) Exposure to direct sunlight might lead to sunstroke, heat shock and dehydration. Passengers are strongly recommended to bring appropriate sun protective items, such as hats, caps, sunglasses, sunscreens and clothes that provide adequate UV protection.

F) Ropes, lines and sheets running through winches and tackles can drag fingers and cause severe injuries. Unless specifically instructed so by the skipper in properly justified circumstances, Passengers must not touch such equipment.

G) Running ropes, lines and sheets can cause severe burning injuries on the bare hand. Passengers must not under any circumstance touch such equipment bare handed.

H) The swinging boom (the lower horizontal edge of the main sail) can cause severe head injuries. Passengers must pay good attention at all times to the position and movement of the boom. The best possible precaution is to stay out of the height of the boom.

I) It is strictly forbidden to jump from the deck into the water. Bath in the lake is possible only upon full stop of the Boat, lowering the sails, dropping the anchor, and upon the explicit permission of the skipper. It is strictly prohibited to go into the lake until the engine comes to a complete halt. Bath is only allowed at the stern of the Boat, on the lowered bath platform and safety ladder. Bath must be interrupted, and Passengers must return to the Boat promptly upon the skipper’s instruction. It is highly recommended to use life jackets or other safety equipment during bath even for good swimmers. Bath will only commence once the life ring is dropped and attached to the Boat. All instructions of the skipper given in respect of any circumstances of the bath must promtply be followed.

J) The Boat is equipped with two fire extinguishers. All Passengers must locate and remember the place of them as shown during the skipper's verbal safety brief before starting the Sail'nJoy cruise.

K) Man overboard (i.e. a person falling from the deck to the water while the Boat is underway) is a definite emergency situation. Any Passenger detecting a man overboard must promptly notify the skipper and constantly keep the man overboard under watch. The skipper is properly trained to run the necessary rescue protocol, and all Passengers must follow the skipper's instructions without delay.

L) It is a primary obligation of seamen to give reasonably expected help to other seamen or vessels in emergency. In such situations, all Passengers must follow the skipper's instructions without delay, and will acknowledge and accept the termination or suspension of the Sail'nJoy cruise.