GENERAL TERMS AND CONDITIONS OF THE SERVICE
By and Between PORTUM LINES Llc. and its passengers a passenger transportation contract, a passenger transportation related obligation is created for which the below General Terms and Conditions of Portum Lines Llc. (GTC) are applicable.
A PORTUM LINES Llc. GENERAL TERMS AND CONDITIONS ON INLAND SHIPPING SERVICES FOR SCHEDULED AND SPECIFIC CHARTER SERVICES
1.) Scope of the General Terms and Conditions of the Service
Portum Lines Llc. (Kazinczy u. 35, 1075 Budapest, Hungary; 35. I/1.; a hereinafter: Service Provider) and any and all partner(s) (timetable passengers, groups, rent-a-boat passengers) who set up a passenger transportation agreement with it (jointly Passenger) are
controlled by the terms and conditions of this GTC unless Passenger and Service Provider have agreed different term and conditions of the services prior. For the passenger transport services of the Service Provider by boat Law V of 2013 on the Civil Code, Law XLII of 2000 on water transport and Gov. Decree 261/2008 (XI. 3.) on Conditions of Passenger Transportation by Boats (‘VSZF’) and this GTC shall apply with the exception that Service Provider makes no public transportation services.
2.) Setting up the legal relationship.
A passenger transportation agreement and based on that a passenger transportation is set up when the Passenger, who
• (in case of timetable or program cruise) purchased his/her ticket; or
• (in case of a boat rental) the passenger transportation services were ordered and the acknowledgement is received by the Passenger.
If the Passenger is not acting in person, but through a third party representative and the services are ordered by the representative on behalf the Passenger, then Service Provider does not validate whether the representative is authorized to act on behalf of the Passenger. If the order has been placed, then the third party will become Service Partner’s counterpart in the agreement according to Section 6:136 § of the Civil Code.
The right to take part on a boat trip might be limited by the number of spaces available on the given trip – even if the ticket is fully paid up and valid.
Persons younger than 14 years of age may only travel as passenger if accompanied by an adult, who accepts liability for the continuous supervision.
3.) Obligations of the Service Provider
The Service Provider is obliged to transport the presenter of a valid ticket on the date and direction indicated thereof provided that
• there is no condition which a) would prohibit safety of the passenger transportation, b) would threaten shipping equipments, devices, other boats, and devices installed into the water;
• there is no regulation or act of the authority which would prohibit passenger transportation;
• passenger transportation is possible with the boat available;
• free seats or spaces present on the available boat;
• the intent and the behaviour of the Passenger does not threaten or impair the other passenger’s right to travel;
• passenger transportation is not limited by a condition that is not avoidable by the Service provider or which is unavoidable (force majeure).
Services Provider informs the Passenger on the obstacle or authority limitation with commercially reasonable effort – and if possible displays this fact on the place of departure, on its website and/or over the phone. Parallel with the display the Service Provider may cancel the boat cruise, but obliged to return the ticket fee(s) (service fee(s)) already paid by the Passenger.
In case of domestic, scheduled boat trips, if the boat is unable to start and/or continue its route to the destination due to related route block and the travel obligation can not be executed with an other boat, then the Passenger may ask for partial refund of the fee applicable to the non-processed part of the route or may ask for return of the departure station and full refund of the fee.
In case of domestic,( scheduled or program) boat trips, if the boat is unable to start and/or continue its route to the destination due to related route block and the travel obligation can not be executed with an other boat and the Passenger is not utilizing another type of transportation vehicle, then the Passenger may ask for partial refund of the fee applicable to the non-processed part of the route or may ask for return of the departure station and full refund of the fee except if the route block was caused by act/cause non attributable to the service provider (force majeure). Cases of force majeure include, but not limited to
– river barricade;
– accident of other vessel;
– damage with an other vessel;
– acts of the authorities;
– border blocks;
– removing bombs or other explosives;
– extreme whether conditions;
– labour strike;
– low water level;
– dangerous driftwood;
– floating barricade;
– other disturbances as a consequence of an other passenger;
– criminal act;
– sickness of the shipping crew;
– sudden sickness of a passenger;
– military operations, mimic warfare;
– warlike actions;
– mines hazard;
– bridge or watereway development operations;
– misfunction of a tunnel or a lifting equipment or a sluice equipment;
– water leakage into the boat;
– technical reasons; and
– other unavoidable and insurmountable events.
If passenger transportation services are influenced or obstructed by force majeure, then the responsibility of the Service Provider for the non performed or not properly performed service is not valid. Irrespective, the Service Provider repays the ticket fees paid for such services within 30 days – without deduction of any kind.
Return of the ticket fee always happens at the purchase location, where the Passenger originally purchased the ticket. (In case of a reseller this takes place at the reseller’s point of sale.)
Execpt for the items listed above no other claim can be made against the Service Provider with regard to travel obstacles.
4.) Rights and obligations of the Passenger
The Passengers and his/her accompanied persons may only enter into the allowed area of the pontoon (pier); Passengers excluded from travel may not enter into any area of the pontoon (pier), also delivering and/or objects excluded from transportation into the area of pontoon (pier) is forbidden.
On the boat the passengers may only enter to the areas that are open for the passengers. Passengers not having a ticket – with the exception of an accompanying person of ill and disabled person – are forbidden to enter into the vessel. (In case the accompanying person of the ill and/or disabled person wishes to travel, then valid ticket is also mandatory for him/her.) On the pontoon (pier) or on the boat it is forbidden to carry out activities that may disturb other passengers, the duties of the staff. It is also forbidden to smoke outside the designated area.
It is forbidden to befoul, infect or damage the pontoon (pier), the boat and its furniture, facilities. Those who befoul, infect or damage the pontoon (pier), the boat and its furniture, facilities shall pay the relevant cost of cleaning, disinfecting as well as the incurred damage.
After entering the boat the passengers must obey the safety and security instruction of the skipper of the boat.
The service provider may only perform its duties related to passenger transportation, if the Passenger
• show up for travel at least 15 minutes before the departure time,
• shows the valid, required documents and valid ticket. The Service Provider shall have no responsibilities for damages arising from failure to satisfy the above requirements.
The Passenger is required to obey to the current laws in force. Costs and damages arising from non obeying the current laws in force are to be borne by the Passenger.
If the Passenger does not satisfy his/her obligation with regard to show up and administration, then the Service Provider’s obligation on transportation is only valid to the extent until such obligation is not jeopardize Service Provider’s other obligations with regard to other passengers, e.g. the boat’s departure at the indicated time.
The passengers may take places in their order of entering into the boat.
5.) Prohibition, exclusion from the travel service
A person can not travel by the boat or may be excluded from the travel service, who
– is under the influence of alcohol or drugs;
– conduct himself or herself in any manner which may cause annoyance, alarm or inconvenience of other passengers;
– has infectious disease;
– conducts an activity that may be hazardous to the safety of the transportation service, his/her or other passenger’s security, health or safety of the boat or its equipment;
– does not obey to the other rules applicable for the passengers;
– travels with invalid ticket or without ticket and does not buy a valid ticket or the ticket is not presented after the relevant warning;
– may contaminate the clothing or luggage of other passengers with his/her clothing, luggage or otherwise;
– intends to carry a luggage not allowed on the vessel;
– in the other cases as identified in VSZF.
After departure the skipper of the boat is entitled to disembark the Passenger in the closest port provided, that
An incapable, ill person and child under the age of 14 may only travel with accompanying person. By entering the vessel you clearly declare that you are older than 14 years of age.
In case of passenger gets sick or suffers an accident during the trip, then the Serrvice Provider will transport the ill or injured person to the nearest pontoon (pier) where he/she can receive proper medical assistance.
In case the Service Provider suspects that the disease is infectious, then the Service Provider may quarantine the ill person – if possible.
If a passenger is excluded from travel due to a cause attributable to the Passenger, that make his/her claim for any refund/return of the fee invalid and void.
6.) Timetable, trip durations
The boats of the Service Provider are operated according to the published schedule. The schedule – if any – is published on the Service Provider’s website.
The fare time between the destination points are determined by the Service Provider. The Service Provider excludes its liabilities for damages arising out of or in connection with delays unless that is attributable solely to the gross negligence of the Service Provider.
7.) Service fees, luggage fees
As a service fee the current, published passenger transportation fees are valid. The port duties are included in the official notices of the port operators.
The ticket price (service fee) includes fees for the following services:
• fare fee for the given route,
• port duties for the given route,
• fare fees for hand luggage of maximum 12 kg for the given route.
8.) Cancellation conditions (waiver)
8.1) Our cancelation policy for Passenger initiated Cancellation:
Standard price ticket cancelation rules:
Up to 24 hours before the beginning of the activity: full refund
Less than 24 hours before the beginning of the activity or no-show: NO refund
Standard price ticket modification rules:
Changing departure time up to 24 hours before the beginning of the activity is free of charge.
Changing departure time less than 24 hours before the beginning of the activity: 5 EUR.
Discounted tickets or tickets bought with redeeming of coupons:
Cancellation: NO refund.
Changing departure time: 5 EUR.
Should the program’s page (product description) indicate different cancellation and amendment rules, then such overrules the policy above.
The Passenger is obliged to pay cancellation fees (penalties) in case of a cancellation of a purchased ticket or reserved places – or at no show that is 100 % of the fee paid.
Refund of the ticket fee (with the deduction of EUR 1 processing cost) always happens at the purchase location, where the Passenger originally purchased the ticket. (In case of a reseller this takes place at the reseller’s point of sale.)
8.2) Processing Passenger issued cancellation or amendment:
Processing your ticket (cancellation or amendments) is possible solely on the CHAT surface of the Service Provider.
The modification request by the Passenger shall arrive to the Service Provider latest by 6 hours from the departure time. The Service Provider might interpret request arriving within 6 hours from the departure time displayed on the ticket of the Passenger as a waiver by the passenger.
8.3) Waiver of the Service Provider in case of scheduled or program boat trips:
The Service Provider is obliged to pay the following cancellation fees (penalties) in case of a cancellation by the Service Provider takes place:
• in case the cancellation is requested within 3 days from the departure date of the passenger did not show up, then the cancellation fee is 100 % of the fee paid.
• in case the cancellation request is presented more than 3 days from the departure date, then the Service Provider – upon the request of the Passenger is obliged to a) replace the passenger ticket for a later date or b) upon the Passenger request refund of the paid fee. The refund of the ticket fee (without the deduction of any cost) always happens at the purchase location, where the Passenger originally purchased the ticket. (In case of a reseller this takes place at the reseller’s point of sale.)
9.) Ordering rent-a-boat service
Rent-a-boat trips may be ordered in person, over the phone or email, the order shall contain:
– name of the passengers/group,
– number of the passengers,
– type of the boat,
– place of departure and arrival and mooring requests during the trip,
– date of the trip with departure and arrival times (year, month, day, hour, minute) and
– other service requests, if applicable.
Service Provider acknowledges the orders in writing (via email) and the agreement will be set up with the content of the acknowledgement.
10.) Cancellation of the ordered rent-a-boat service (waiver)
In case of a specifically ordered boat trip, the party requesting the cancellation is obliged to pay the cancellation fee as specified below:
• if the cancellation is requested within 7 days from the departure time 100 % of the rental fee;
• if the cancellation is requested between 7 and 14 days from the departure time, 50 % of the rental fee;
• if the cancellation is requested between 14 days and 30 days from the departure time, 30 % of the rental fee;
• if the cancellation is requested between 30 days and 60 days from the departure time, 10 % of the rental fee;
• if the cancellation is requested more than 60 days from the departure time, then there is no cancellation fee.
The cancellation time is the actual time when the Service Provider actually receives the cancellation request.
In case of a cancellation or modification of a prior order only the ticket’s purchaser or its authorized person (provided that it is a written authorization) may act.
If case of a cancellation the bank fees of the refund is borne to the party requesting the cancellation.
In case the specific boat trip can not be executed due to a force majeure, then both parties are exempted from payment of cancellation or compensation fees. The already paid rental fee is transferred back fully by the Service Provider.
11.) Hand luggage
Each Passenger may carry at a maximum of 2 pieces of hand luggage not exceeding the size of 70 cm that can be carried by one person (provided that it does not prohibits boarding, disembarking and moving inside the boat) with a maximum weight of 12kg and/or one baby buggy, umbrella, walking stick, small instrument – for free of charge on every cruise of the Service Provider.
Items that may cause accident, damage or defouling and also items that are prohibited to transport by law or other regulations may not be carried.
Safeguarding of the hand luggage is the Passenger’s duty and responsibility. The Service Provider shall have no liability in case the hand luggage is lost, missing, stolen or otherwise damaged – irrespective of the cause of such incident.
Bicycle may be carried on the designated cruises – in a limited quantity – upon an additional fee.
12.) Carrying live animals
Live animals can not be carried due to hygenic reasons. Notwithstanding, a guide dog for blind or disabled (using muzzles and lead) or a police dog on duty is excluded from the above rule.
13.) Catering, sales
Canteen or other type of catering may only be provided by the Service Provider.
The Service Provider has exclusive use of the internal and outsider surfaces of the vessels.
The Service Provider is liable to for the damages occurred during the passenger transportation agreements according to this terms and conditions. As for the laws, the rules on undertakings (vállalkozás) of the Hungarian Civil Code and the relevant rules of the VSZF shall be applicable.
The Service Provider has no liability for the fragile or perishable products, including the consequential damages created by these products and the damages occurred due to the non proper packaging.
The Service Provider explicitly takes no liability for any indirect or consequential damages.
16.) Enforcement of a claim related to passenger transportation agreement
The Passenger shall immediately declare its claim/demand with regard the passenger transportation agreement, allowing the Service Provider to take repair actions and also allowing the facts to be completely cleared on site. Any claims for damages shall be reported to the Service Provider latest by 4 pm. of the day following the travel. The deadline is explicitly the term of preclusion.
The Service Provider may utilize sub-contractor conveyor. If the Service Provider executes its obligations via a sub-contractor conveyor, then still this GTC and the unique conditions shall be applicable.
18.) Non assignment
The rights arising out of a passenger transportation agreement are not assignable to third parties without prior written notification of the Service Provider.
19.) Limitation of legal proceedings
Any and all claims, demands against the Service Provider – arising out of or related to a passenger transportation agreement – if this GTC not specifies different – may be enforced within 6 months, the latest.
20.) Laws and venue
The Hungarian law shall govern any and all claims, demands with regard this GTC and and/or of a passenger transportation agreement.
Anya and all claims that relates to or arising out of a discussion, agreement conducted under this GTC and that relates to the validity, termination, breach or interpretation thereof shall be finally decided by the Arbitration of the Hungarian Chamber of Commerce according to its Rules of Conduct.
Specific agreement condition applied with the procurer, passenger shall overrule this GTC.
This GTC is applicable as of Jan. 4, 2016
This GTC is published on the homepage of the Service Provider. The Service provider allows local access to the GTC for passengers interested.