These General Terms and Conditions – hereinafter referred to as the GTC – govern DO Style Management Kft. – hereinafter referred to as the Company – and all contracting parties in a legal relationship with it.
– hereinafter referred to as Participant – legal relationship.
The COMPANY is a business that provides photography services on and in an open watercraft capable of accommodating 8 people, with a crew of two.
INTERPRETATIVE PROVISIONS
a) Participant: any person entering the vessel who is not a member of the crew and who is not employed by the Company under any other legal relationship;
b) Enterprise: an economic entity engaged in economic activity;
c) Boat station: a place where the access of persons to and from a watercraft is ensured via one or more floating structures, via another watercraft, via a ferry ramp or directly moored to the shore.
d) Boardwalk: a lightweight wooden or metal bridge used for transportation between the shore wall and the ship, bridging the difference in level and distance;
- CREATION OF THE LEGAL RELATIONSHIP
1. 1. The legal relationship regulated by these GTC is established between the parties in the following cases – whether online or in person – by purchase:
The participant selects the date and time of the photo shoot online, then pays the service fee via bank transfer or Teya application;
The participant purchased the service at or before the departure location.
1.2. The participant will receive an invoice and confirmation of the fee payment to the e-mail address provided.
The confirmation must be presented at the departure location.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Rights and obligations of the COMPANY
2.1.1. If the Participant has a valid confirmation, upon presentation of it, the COMPANY is obliged to provide the ordered service, i.e. it is obliged to display the watercraft in a condition suitable for navigation and photography at the ordered place and time and to provide the service to the Participant in accordance with the conditions set out in these GTC.
2.1.2. Exclusion reasons:
the photography is prevented by circumstances attributable to the Participant;
photography on water is prevented by an external, unavoidable circumstance over which the parties have no influence (force majeure): e.g. river lock, accident with another watercraft, collision with another watercraftby a vehicle due to its fault, official action, border closure, bomb or ammunition clearance, strike, low water level, dangerous driftwood, port lock, quarantine, epidemic, other obstacle caused by the Participant, crime, terrorist attack, illness of the shipping crew, sudden illness of the Participant, military operations, military exercises, war, hostilities, mine danger, bridge or water construction works, failure of a canal or lifting device or lock, water leakage into the hull due to external circumstances, fire, other unavoidable external causes.
2.1.3. Weather:
Due to bad or unsuitable weather, it is the captain’s discretion to judge whether it is safe to travel to the photography location by watercraft.
2.1.4. The COMPANY will notify the Participants of the obstacle on its website and directly via the email provided. After this is published, the COMPANY may cancel the service for the given date and offer another date.
2.1.5. If, in addition to the above reasons, the watercraft is unable to reach the service location due to a reason within the COMPANY’s sphere of interest, the Participant may demand a refund of the fee.
2.1.6. The watercraft may only be operated by personnel who are qualified and in a health and safe working condition as specified in the law. If the captain or the crew becomes aware of a danger to human life on the water, they are obliged to provide assistance.
2.2. Rights and obligations of the Participant
2.2.1. The Participant becomes entitled to use the COMPANY’s service by presenting the order confirmation.
2.2.1.1. The Participant becomes entitled to use the COMPANY’s service only if the following conditions are met: appears at the vessel at least 10 minutes before departure, and have confirmation of the reservation from the COMPANY.
The COMPANY is not liable for any damages resulting from the failure to comply with or non-fulfillment of any of the conditions listed above.
2.2.2. Participants may only enter the area opened to them at the boat station.
2.2.3. The Participant may only step onto the jetty leading to the watercraft or onto the gangway of a watercraft moored directly to the shore if it has been opened by the watercraft crew.
2.2.4. During the trip, the COMPANY will provide the Participant with a life jacket.
2.2.5. It is prohibited to engage in activities that disturb other Participants and the work of the dock or vessel crew at the dock or vessel.
2.2.6. It is prohibited to contaminate, infect or damage the ship station, the watercraft and their equipment. Anyone who contaminates, infects or damages the ship station, the watercraft or their equipment is obliged to pay the costs of cleaning and disinfection and to compensate for the damage caused.
2.2.7. It is prohibited to eat, smoke or use any substance that causes intoxication on the watercraft.
2.2.9. After boarding the vessel, the Participant is obliged to comply with all police and safety instructions of the captain and crew.
2.2.10. Large hand luggage and animals cannot be taken on board the vehicle. The Participant is responsible for keeping his/her belongings safe, and the COMPANY is not responsible for their loss, disappearance, theft, further damage, water damage, etc.
2.2.11. Exclusion of a participant from the service:
The following may not travel on the watercraft or may be excluded from the service:
who arrives in a drunk or intoxicated state;
who disturbs other Participants with their behavior;
who is infected;
who is pregnant; who has a spinal disease.
anyone who, through their behavior, harms or endangers their own physical integrity,
health or the integrity of the watercraft or equipment and facilities;
who fails to comply with other provisions regarding the conduct of Participants;
who does not comply with the request or instruction of the manager or staff;
may contaminate the watercraft, the clothing of fellow Participants or the Participant’s
luggage with their clothing, luggage or in any other way;
2.2.12. A Participant excluded from the trip may not request a refund.
2.2.13. After the start of the trip, the captain is entitled to transport the Participant to the nearest suitable place for docking if the above reasons exist.
2.2.14. The COMPANY will transport the Participant who has had an accident en route to the nearest port, where the patient can receive the necessary medical care.
3.PRIZES
3.1. THE COMPANY publishes the fares and departure times on its website.
3.2. The COMPANY shall only be liable for any damages resulting from delays in the stated departure times if the delay was caused intentionally or through gross negligence by the COMPANY.
3.3. The price of the service includes the following services:
the photography package,
the cost of getting to the location and all port fees,
the Participant’s accident insurance on the watercraft from the moment they step on board until they leave the watercraft.
4.PAYMENT OF THE FEE
4.1. can be purchased online or in person.
4.2. In the absence of confirmation of payment of the fee, no legal relationship shall be established between the parties.
4.3. The participant may modify the reservation free of charge up to 48 hours before the trip.
4.4. Information regarding online fee payment is available on the websites of the respective service providers at
the following links:
TEYA PAY
5. CANCELLATION OF THE SERVICE (TERMINATION)
5.1. Free cancellation
48 hours before the date of the ordered service, the withdrawing party may cancel the service free of charge without any legal consequences.
In the event of weather conditions significantly affecting the photography, the canceling party has the right to cancel the service 24 hours before the scheduled service date without any obligation to pay compensation.
If the weather turns bad immediately before the service begins, the reservation can be transferred to another available future time.
5.2. Cancellation in exchange for compensation
According to Section 6:213. (2) of the Civil Code, in the event of cancellation of the ordered service, the withdrawing party
is obliged to pay the following cancellation fees:In case of cancellation within 48 hours, the penalty amount is 100% of the fare (the fare is not refundable)
6. LIABILITY, COMPENSATION
6.1. Anyone who has caused damage unlawfully is obliged to compensate for it. The person causing the damage is exempt from liability if he proves that his conduct was not to blame. The damage is not unlawful if the person causing the damage caused the damage with the consent of the injured party or in a situation of necessity, to an extent proportionate to that.
6.2. The Participant is required to sign a declaration before starting the service (in the case of minors, it is signed by their adult companion).
6.3. The Participant uses the COMPANY’s service solely at his own risk and responsibility. COMPANY expressly excludes liability for any accident, personal injury or property damage that may arise during the service, unless it is a result of his gross negligence or intentional conduct.
6.4. The Participant must report any claim for compensation arising from the legal relationship in writing (e-mail) by 16:00 on the day following the end of the trip (deadline for loss of rights), in order to ensure that the COMPANY can fulfill its obligation to prevent, remedy and mitigate damage in a timely manner, andthat the facts underlying the claim can be clarified on site and in full, if possible.
6.5. The injured party is obliged to prevent, remedy and mitigate damage. The COMPANY is not obliged to compensate for damage caused by the culpable breach of these obligations.
Scope of GTC:
The scope of these GTC covers contracts concluded by the COMPANY, as well as offers made regarding the use of the service and accepted by the Participant, services provided by the COMPANY to the Participant, and all legal relationships established between the COMPANY and the Participant for the purpose of using the COMPANY’s service, and it was int