Terms of Service
GENERAL TERMS AND CONDITIONS
‒ Effective from: 18th of June, 2018. ‒
The present General Terms and Conditions (hereinafter: “GTC”) regulates the legal relationship of Duna Jet Ltd. (hereinafter: “REDJET”) and its contracting parties (hereinafter: “Passenger”) under the 261 of 2008. (XI.3.) governmental decree on conditions of water transports (hereinafter: “VSZ”).
REDJET is a shipping company rendering extreme sightseeing service with watercrafts suitable for 12 people, with open decks, and a two-person staff.
a) Passenger: all persons traveling on boat, not being member of the crew and not being occupied on the boat under any other legal relationship;
b) Shipping company: a business organization with shipping activity for business purposes;
c) Passenger transport: water passenger transport for remuneration, under time-table;
d) Port: a place where people can step onto the board of a boat, from the board to the coast through one or more boats, other water vehicle or a ferryboat, or from directly the river wall.
e) Foot plank: a thin wood or metal bridge between the river wall and the boat, spanning distance and level difference;
ESTABLISHING THE LEGAL RELATIONSHIP
1.1. The legal relationship between the parties, governed by the present GTC, is established either by a personal or an online purchase, in the following cases:
- Passenger choses online the place, date and time of the travel, choses the seat, and pays the fee via PayPal or Simple application;
- Passenger pays for the ticket at the place of the departure, at the office of REDJET.
1.2. Passenger receives invoice and a voucher at the given e-mail address. Voucher shall be shown at the place of the departure.
2.RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
2.1. Rights and Obligations of REDJET
2.1.1. Upon Passenger possess a valid ticket, by showing it, REDJET shall render the ordered service, i.e. the watercraft shall be placed out at the ordered place and time in a serviceable condition and Passenger shall safely transported to the destination under the regulations of present GTC.
- passenger transport is prohibited by law or authority provision;
- passenger transport is obstructed by circumstance imputable to the Passenger;
- passenger transport is obstructed by an exterior and unavoidable circumstance, to which the Parties have no influence (Force Majeure): pl. closing river, accident of another water vehicle, accident with another water vehicle of that mistake, measures taken by authorities, closing of the frontier, exemption of bomb or ammunition, extreme weather, strike, low water, dangerous scum, harbor barrage, quarantine, epidemic, obstacle incurred by another passenger, crime, terrorist attack, sickness of the crew, sudden sickness of passenger, military operation, military exercise, war, mine risk, work of bridge or hydraulic construction, defect of canal, raise equipment or lock-gate, leaking water into the body of the boat due to external circumstances, other exterior and unavoidable cause.
In the event of bad of unfit weather, captain is entitled to decide whether the travel with watercraft is safe, due to extreme maneuvers.
2.1.4. REDJET informs the Passengers about the incurred obstacles or official restrictions, at the port, on its website, and directly via e-mail. After disclosure, REDJET may cancel the service, but obliged to repay the price of the transport.
2.1.5. In the event that REDJET is unable to render its services due to any cause arises in its own sphere of interest, besides of the disqualifications, Passenger may claim repayment of the fare.
2.1.6. The watercraft can be operated only by crew being in possession of qualifications required by law, with proper health conditions and being able to work safely. The crew or the captain of the watercraft obliged to give help when obtained knowledge of danger of human life on the water.
2.2. Rights and Obligation of the Passenger
2.2.1. By showing the valid ticket/voucher, Passenger is entitled to use the service of REDJET.
188.8.131.52. The Passenger may only be entitled to use the service of REDJET, if he/she
- shows up at the watercraft 20 minutes before departure, and
- has acknowledgement of the reservation from REDJET.
REDJET is not liable for the damage arising from failure or non-fulfilment of the conditions above.
2.2.2. At the port, the Passenger and the companions may enter into the area opened for them. To the person excluded from transportation, it is prohibited to enter into the port, or carry in any subject excluded from transportation.
2.2.3. The Passenger may only step onto the gang board or the foot plank of the watercraft if it is opened by the crew.
2.2.4. During the travel, waterproof clothing and lifejacket is obligatory, which are given by REDJET.
2.2.5. It is prohibited to disturb the other Passengers or the crew of the watercraft in the work.
2.2.6. It is prohibited to soil, contaminate or damage the watercraft and its equipment. Who soils, contaminates or damages the port, the watercraft or its equipment, shall pay the cost of clean or disinfection, and pay compensation.
2.2.7. It is prohibited to open or to sit on the bar and bulwark of the watercraft.
2.2.8. It is prohibited to eat, drink and smoke, or use any drug on the watercraft.
2.2.9. The Passenger shall keep all instructions of the captain and the crew after stepping onto the board of the watercraft. Passenger acknowledges that the captain is entitled to modify the seating due to safety reasons.
2.2.10. Hand luggage and animals cannot be transported. It is Passenger’s duty to keep their goods safe, REDJET exclude its liability for any loss, disappear, damage, steal or flooding.
2.2.11. The Passenger’s exclusion from transport:
Passenger cannot be transported, or may be excluded from transportation
- who arrives to the watercraft being drunk or under drug influence;
- who behaves shamelessly or disturbs the other passengers in other ways;
- who is infectious;
- who is pregnant or having spinal complaint
- who violates or endangers the safety of the transportation, the other passengers or his/her own good health, or the equipment of the watercraft;
- who does not keep other provisions for behavior of passengers;
- who does not keep the orders of the captain or the crew
- who may soil the watercraft with clothes, luggage or any other way;
- who takes object onto the watercraft which is not permitted;
- other cases determined in VSZF.
2.2.12. Passenger excluded from transport may not claim any ticket repayment or any other fee.
2.2.13. In the event of the above mentioned causes, the captain may force the Passenger to get off the watercraft.
2.2.14. An inertial person or child under the height of 1,5 m may only travel on the watercraft with an adult companion, on the liability of the adult companion.
2.2.15. Passenger got sick or had accident during the travel shall be transported by REDJET to the nearest port where can receive proper health service.
3.TICKETS AND DURATION OF TRAVEL
3.1. All tickets, services and duration of the travel are available on the continuously actualized website of REDJET (http://redjet.hu).
3.2. Any damages arising from the delay of service, REDJET assumes liability only if the delay is caused by them deliberately or with recklessness.
3.3. The price of the ticket contains the followings:
- the fare,
- all port duties,
- the accident insurance of the Passenger from stepping onto the board of the boat until leaving it.
4.1. Tickets are purchasable online or personally.
4.2. Without acknowledgement of REDJET, the legal relationship between the parties will not be concluded.
4.3. The reservation can be modified by the Passenger until the 48 hours before the travel.
4.4. Information of the online payment methods are available on the website of each company:
SIMPLE PAY terms and conditions
CANCELLATION OF THE SERVICE (WAIVER)
5.1. Free Cancellation
48 hours before the ordered service, the travel may be freely cancelled without any legal consequence.
In case that weather conditions significantly influence the experience of the travel, 3 hours before the ordered service, the travel may be freely cancelled without the obligation of paying forfeit money.
In the event of weather turns bad just before the departure, then the ticket may be rebooked for another available time.
5.2. Cancellation with Forfeit
In case of cancelling the ordered service (rescission), the following forfeit money shall be paid by who rescinds, under 6:213. § (2) paragraph of the Hungarian Civil Code:
- 48 – 24 hours before the ordered service: 100 % of the ticket (the fee of tickets will not be repaid).
6.1. Who causes unlawful damage, obliged to pay it. The tortfeasor exempts from liability, if proves that his/her conduct was not wrongful. Causing damage is not unlawful, if the tortfeasor
- caused it with the assent of the damaged person;
- caused it in emergency, in proportion with it.
6.2. Passenger acknowledges that the watercraft performs dangerous extreme maneuvers during the travel, which may cause special risk or danger. Passengers must sign a release of liability waiver prior to boarding. All Passengers under 18 years old must have and adult companion to sing on their behalf.
6.3. Passenger boards and rides with REDJET only at their own risk and liability. REDJET excludes its liability for any accident, injury, loss, damage or expanse, which arises during the travel, except it is the consequence of gross negligence or intentional behavior of REDJET.
6.4. Claim for damages arising from the legal relationship of passenger transport may be declared by the Passenger in writing (e-mail) until 4 PM of next day of the trip (forfeit deadline), in order to REDJET may be able to fulfill its obligation for damage prevention and mitigation of damages, and for the facts of the case, e.g. the ground of the claim, may be cleared completely at the scene.
6.5. The damaged person has obligation for prevention and mitigation of damages.
REDJET is not liable for any damage occurred due to the wrongful breach of this obligation by the damaged person.
6.6. Upon transportation is effected or failed due to ’Force Majeure’ circumstances, REDJET is not liable for default, but will repay the price of the ticket within 10 bank days.
6.7. REDJET is not liable for fragile and perishable goods, or any damage caused by them, nor for damages caused by its inappropriate packing. REDJET is not liable for any damage of electronic device or any personal goods (mobile phone, camera etc.).
6.8. REDJET expressly excludes liability for all accidents, personal injuries or damages in property, occurred on the gang-board or the foot plank of the watercraft (e.g. personal injuries or damages in property resulting from slip or fall/drop into the water), with respect to the fact that the gang-board and the foot plank is slippery and dangerous from its function.
For this, REDJET draws the Passengers’ attention in writing at the port.
6.8.1. REDJET has accident insurance for Passengers traveling with the watercraft, and on the basis of that, the insurance company will pay the damages suffered by the insured during the boarding or the travel.
6.8.2. REDJET shall not pay any further damages after the insurance company payed the damages.
6.9. The Passenger is liable for all damages caused to REDJET by him/her in the watercraft, in its equipment, by any object, package or animal carried onto to the board of watercraft by the Passenger, except when he/she proves that the damage occurred due to REDJET or any third person’s fault, and that and its result was unavoidable by the Passenger.
6.10. In the event that the disabled Passenger, the Passenger unable to use the service without a companion, or Passenger with an unsuitable companion stepping onto the board of the watercraft, and in relation with this, suffers damages, or causes damages to REDJET or to a third person, the Passenger and his/her legal representative shall bear all damages.
6.11. REDJET is not liable for the loss or damage of hand luggage, animals or packages that are kept in custody of the Passenger at the ports.
6.12. REDJET is not liable for the loss or damage of hand luggage, animals or packages that are left unprotected by the Passenger at any the ports.
6.13. General Average
Damages and costs caused reasonably and intentionally to avoid an immediate and extreme danger that threatens the watercraft, the people on it and properties together, the owners of the properties shall bear together between each other proportionally to the value of the dangered property (e.g. the watercraft has to be intentionally navigated to the riverside, or the properties have to be thrown into to water to lighten the watercraft etc.)
6.14. Regulations on ’General Average’ was determined by present GTC under the Act of 2000 (XLII.) on Water transport, and the York-Antwerpen Rules that are generally accepted in the international practice.
7.1. Lost property may be handed over to the crew of the watercraft, or any stuff member of REDJET at the port.
7.2. Owners may inquire about lost properties by phone or via e-mail (email@example.com), after 1 PM on the following day of the loss.
7.3. Handing out lost properties, to determine and identify ownership is the obligation of REDJET, for which they need to have the following information: the time of the loss, the characteristics of the lost property (e.g. color, size, brand/trademark etc.). In case of doubt, there may be necessary to determine information only known by the owner.
7.4. To hand over the lost property, it is necessary to show identification papers to REDJET (e.g. identification card and address card together, passport).
7.5. If the owner unable to come, lost property may be handed over to the person possessing authorization in writing from the owner. Legal representative (parent) may take over the identification papers and lost properties of the minor, after verifying the family relation.
DATA PROTECTION, PERSONALITY RIGHT
8.1. Passenger gives assent to data process active and registration by REDJET, and REDJET shall keep all regulations to protect the data of the Passenger.
8.2. Passenger expressively gives assent to take picture and video records of him/her during the travel, which will be uploaded on REDJET’s website. REDJET could use these photos on their social medias.
After the travel, REDJET will send a code for the Passenger’s e-mail address to have access to the pictures and videos.
8.3. Passenger expressively gives assent to REDJET sending offers via e-mail or post.
All claims against REDJET expire after 3 months, unless shorter period is prescribed by this GTC.
According the relevant law, boats and any watercrafts may only travel in internal traffic if the registered owner concluded a valid boat liability insurance for torts.
The watercraft of REDJET have insurances at Generali Insurance Zrt., which also contains accident insurance.
All complains shall be sent in writing (firstname.lastname@example.org) to REDJET until 4 PM after the travel (forfeit deadline).
9.4. Governing Law
The legal relationship of the parties is governed by Hungarian law. All issues not regulated herein shall be governed by the Act of 2013 (V.) “Hungarian Civil Code”, the Act of 2000 (XLII.) on Water Transport, the 261 of 2008. (XI.3.) governmental decree on Conditions of Water Transports, and all relevant Hungarian laws.
9.5. Legal Dispute
Disputes arising from the legal relationship shall be settled amicably by the parties. Provided amicable settlement is not reached, parties submit themselves to the exclusive competence of BKKB.
9.6. Prevailing Language
The present GTC has been written in Hungarian and English. In case of interpretation or legal dispute the Hungarian version shall prevail.
This GTC is available on the website of REDJET (www.redjet.hu), also at the ticket office and the port of departure.
This GTC is effected from the 18th of June, 2018., its regulations shall be applied for the travels after this date.
By clicking the Redirect button the Customer accepts Duna Jet Kft. (1137 Budapest, Budai Nagy Antal utca 4. 2 emelet 1.ajtó) at redjet.hu to provide the following personal data stored in its user database to OTP Mobile Ltd. (1093 Budapest, Közraktár utca 30-32.) Provided data: family name, given name, country, phone number, e-mail address. The purpose of data transmission: customer support for users, confirming transactions and fraud-monitoring for users defence.