GCTC BUSINESS REGULATIONS
BUSINESS TERMS AND CONDITIONS OF PASSENGER TRANSPORTATION CONTRACTS OF MAHART PASSNAVE SZEMÉLYHAJÓZÁSI KFT.
ON INTERNATIONAL AND DOMESTIC HYDROFOILS, SCHEDULED BOATS AND CHARTER BOATS
1.) Scope of the Regulation
These Business Terms and Conditions are based on the terms of the agreement between MAHART PassNave Személyhajózási Korlátolt Felelősségű Társaság (hereinafter: PassNave Kft, registered office: 1056 Budapest, Belgrád rakpart, International Port, company registration number: 01-09-268781) and its legally contracted partners of passenger transportation (individuals and groups on scheduled services as well as charter passengers, hereinafter jointly as: passenger), unless PassNave Kft and the passenger agree differently in the contract that governs their legal relationship. Passenger transportation by PassNave Kft is regulated by Act V of 2013 on the Civil Code (hereinafter: ‘Civil Code’), Act XLII of 2000 on Water Transport, Act CLV of 1997 on Consumer Protection, Government Decree 261/2008 (03
November) on the Terms and Conditions of Passenger Transportation (hereinafter: ‘TCPT’) and the present Business
Regulations, with the understanding that PassNave Kft is not involved in public passenger transportation.
2.) Start of legal relationship
A passenger transportation contract and, based on that, a legal relationship of passenger transportation begins when the passenger:
buys a ticket (either in person, from a ticket machine or online), or orders passenger transportation in writing, and the order is confirmed.
In case a third party orders transportation and other related services on behalf of a passenger, PassNave Kft will not check whether the third party is a legal representative of the passenger(s). With the order, the third party becomes a legally contracted partner of PassNave Kft, in line with the regulations of Section 6:136 of the Civil Code.
In the case of a person travelling without a ticket, at the moment of commencement of embarkation onto the ship, based on the implicit behaviour, the passenger relationship is established between PassNave Kft. and the person commencing the boarding.
3.) Obligations of PassNave Kft.
PassNave Kft has the obligation to transport any passenger with a valid ticket, at the indicated time and on the given service, provided that
passenger transportation has not been banned by any law or decree;
transportation is possible with the boat available;
transportation is not obstructed by any circumstance attributable to the passenger or that cannot be avoided or averted by PassNave Kft (force majeure).
PassNave Kft shall inform passengers about any circumstance that prevents transportation or any restrictions imposed by authorities on site at ports, on its website and, when necessary, through press or radio announcements, or in case of having personal contact information, by telephone or email. The service may be cancelled after the announcement, however passengers are entitled to a full refund of the fare (purchase price) in such cases.
In case of scheduled domestic services, if the boat cannot begin and/or continue its journey towards its destination due to any type of obstacle, and the obligation of transportation cannot be fulfilled by a substitute boat, the passenger is entitled to a refund of the fare for the cancelled part of the trip or they can ask to be transported back to the point of departure and request the refund of their entire fare, unless the transportation obstacle was caused by events outside of the control of PassNave Kft (force majeure).
If a substitute vehicle is used, PassNave Kft will not charge a supplementary fee, but at the same time, will also not refund fares.
Cases of force majeure include:
accident involving another water vehicle,
collision with another vehicle caused by the error of the other vehicle, authority measures,
closing of borders,
disarming bombs or explosives, extreme weather conditions, strike,
flotsam hazard, closing of ports, quarantine, epidemic,
any hindrance caused by a passenger, criminal act,
act of terrorism,
sickness of boat crew,
sudden sickness of a passenger,
army manoeuvre or training exercise, war, acts of war,
bridge or water construction works, malfunction of a canals, locks or sluice gates,
leaking of water into the hull of the boat due to external forces, fire,
any other unavoidable external cause.
The travel fare is always refunded at the point of sale where the passenger originally purchased their ticket (or in case of a retailer, at the retailer’s premises).
PassNave Kft will accept no further claims beyond the travel obstacles listed above.
4.) Passenger liabilities
At the port (boat dock), passengers and their escorts can only enter areas open to them. Persons excluded from passenger transportation are not allowed to enter the area of the port (boat dock), furthermore, items excluded from passenger transportation are prohibited within the area.
On the boat, passengers can only access the areas open to them. Escorts without a valid ticket, except for the escorts assisting disabled passengers, are not allowed on board.
In the port (boat dock) as well as on board the vessel, any behaviour that inconveniences other passengers or disrupts the work of the ports (boat docks) or our staff, as well as smoking in prohibited areas, is forbidden. Smoking is not permitted in enclosed passenger spaces as well in other enclosed areas of the boat (e.g. toilets).
Passengers must keep their tickets for the whole duration of the trip, and must show them to the ticket inspector of
PassNave Kft., along with ant discount entitling identification they may have.
Passengers must not defile, contaminate or damage the boat dock (port), the boat or its facilities. Passengers who defiles, contaminates or damages the boat dock (port), the boat or its facilities, shall bear the costs associated with cleaning and disinfecting, as well as the costs for all damages caused. Once on board, passengers must adhere to all security and safety instructions of the boat’s captain.
PassNave Kft can only fulfil its obligations regarding passenger transportation if the passenger presents both a specified form of ID valid for international travel and a valid ticket.
PassNave Kft will not be held liable for damages arising from failure to meet any of the above requirements.
In case of an accident occurring on water or an incident on the water transportation, the passenger must follow the instructions of the boat's crew.
The passenger must adhere to all effective rules and regulations concerning travel, as well as the laws of the destination country. Any costs and damages incurred as a result of failure to do so will be borne by the passenger.
If the passenger does not fulfil official obligations or is not present on time for departure, PassNave Kft is only bound to fulfil it’s passenger transportation obligation if in doing so it does not jeopardise its obligations towards other passengers, e.g. scheduled departure of the boat.
Passengers can take their seats in order of boarding.
5.) Travel restriction, exclusion from travel
The following passengers may be excluded from travelling:
who are drunk or are under the influence of drugs;
who behave in an offensive manner, or act in any way that disturbs other passengers;
who are suffering from infectious disease;
whose behaviour affects or jeopardises the safety of transportation, the safety or health of themselves or other passengers, or the safe condition of the boat or its facilities;
who violate other provisions on passenger conduct;
who travel with an invalid ticket or without a ticket, and do not purchase one during ticket inspection; or do not present a ticket or discount certifying identification despite being asked;
who may defile the vessel, the clothing of other passengers or their luggage, with their own clothing, luggage or by any other means;
who boards the boat with a hand luggage item that is prohibited.
If any of the above takes place after departure, the captain of the boat has the authority to ask the passenger to disembark at the nearest port.
On the boat, disabled passengers and children under the age of 14 can only travel with an escort. Boarding the boat without an escort is considered as a declaration that the passenger in question is over the age of 14.
Passengers who get sick or suffer an accident during their trip are transported to the nearest port by PassNave Kft, where they can receive the required medical assistance.
If a disease is suspected to be contagious, PassNave Kft will do it’s best to separate the sick passenger from other passengers.
Passengers who are expelled from the boat or excluded from the trip due to their own fault are not entitled to a refund of their fare or other charges, e.g. bicycle transport costs, and can claim their cabin baggage only at final destination port, if the returning of which is not possible during the scheduled stand-by period of the vessel.
PassNave Kft. can exclude passengers from travelling if the maximum passenger limit of the vessel is reached.
6.) Timetable, duration of trips
Scheduled boats of PassNave Kft travel according to an official, published timetable (scheduled services). The shortest duration of travel between ports is determined by PassNave Kft. PassNave Kft is liable for damages caused by its failure to keep the timetable only if the delay occurs because of negligence on the part of PassNave Kft.
7.) Transportation fares, luggage fees
Transportation fares are published by PassNave Kft pursuant to the provisions of the prevailing legislation. Port charges are included in the official fare, as published by PassNave Kft and its partner companies (port operators).
The price of the ticket includes the fees of the following services:
transportation fare for the section of the trip shown on the ticket, all port charges for the section of the trip shown on the ticket,
passenger accident insurance from the time of boarding to disembarking,
on domestic hydrofoil and other scheduled services: transportation fee of 1 piece of hand luggage, weighing a maximum of 12 kg, for the given section of the trip per person.
8.) Booking (except for international event hosting hydrofoil boats)
Tickets can be purchased online or in person at designated national and international ticket offices by cash or by credit card.
Tickets can be booked in advance in person, by fax, by e-mail or by post. Bookers making a reservation must provide the exact date and time of travel and the names of the passengers, as well as a contact address and phone number, so that passengers can be informed, even with short notice, if necessary prior to their trip. In addition, in the case of an advance ticket exchange for an international journey, information on the nationality of the passenger must also be provided.
When all the data listed above is received, PassNave Kft will confirm reservations within 2 working days. Without confirmation the agreement between the parties is not established.
For scheduled domestic hydrofoil services passengers must pay for and collect the reserved tickets in person at the designated ticket office by 16:00 on the last working day prior to departure, or make the payment by that time through other means (by bank transfer, postal order payment or by providing a credit card authorisation). In case the passenger fails to do so, PassNave Kft has the right to resell the reserved tickets to other passengers.
These booking terms and conditions do not apply to contracted retailers of PassNave Kft, their own booking terms and conditions are included within their in contracts.
Tickets can be amended up to 24 hours prior to departure.
9.) Travel discounts for scheduled services
For scheduled domestic hydrofoil services:
Discounts for children (between the age of 2 and 14) and promotional discounts offered are available, the discount amounts of which are published in the official price list of PassNave Kft.
For scheduled domestic excursion and tour boats:
Discounts for children (between the age of 2 and 14), students and pensioners, as well as promotional discounts offered are available, the discount amounts of which are published in the official price list of PassNave Kft.
A student discount can be applied for students with a valid Hungarian full-time student card or International Student
Identity Card (ISIC).
Senior discount can be granted to a Hungarian pensioner or a person aged 65 or over from EU member states.
10.) Transportation of baggage and hand luggage
Each passenger can carry 1 hand luggage that weighs no more than 12 kg, the dimensions of which do not exceed
56x45x25 cm (and which does not obstruct boarding, disembarking or free passage within the passenger space of the boat), furthermore, one pushchair, umbrella, walking stick or hand held musical instrument on all boats of PassNave Kft free of extra charge.
Only hand luggage may be carried aboard scheduled services and on domestic scheduled or event hosting hydrofoil services.
Objects that could cause injury, damage or contamination, as well as objects that are prohibited by any law or decree to transport, will not be permitted aboard.
The provisions that apply to the maximum weight and dimensions of hand luggage and pricing cannot be applied to wheelchairs and other movement aiding equipment of disabled passengers. Passengers with disabilities must be safely seated for their own safety and well-being, and the well-being of the other passengers. They may travel if their equipment fits into the space designated to them, and the combined weight of the disabled passenger and their equipment does not exceed 200kg.
Passengers are responsible for their own hand luggage on board. PassNave Kft does not assume liability for any loss, disappearance or theft etc., furthermore damage, regardless of the reason.
The provisions of the Government Decree on the Terms of Passenger Shipping (VSZF) will govern any aspects of luggage handling not regulated or not thoroughly detailed in these Business Regulations.
A limited number of bicycles, bicycle trailers, electric bicycles and tandem bicycles can be transported only on specific services at an additional cost.
11.) Transportation of live animals
Live animals must not be transported for hygiene reasons. The only exceptions to this rule are guide dogs, assistance dogs who assist disabled passengers and police dogs on duty provided the dog is on lead and wears a muzzle. The transportation of these animals is free of charge.
12.) Cancellation conditions (termination)
a.) In case of all services of the company (except for event hosting hydrofoil services):
When cancelling pre-purchased (fares and bicycle tickets) or reserved tickets, the cancelling party is to pay a cancellation fee (penalty fee) as follows:
for trips cancelled within 2 hours of departure, or when the passenger is a no show, 100% of the fare is to be paid as penalty;
for trips cancelled more than 2 hours but less than 21 days prior to departure, the fare is refunded minus a
20% administration fee;
for trips cancelled more than 21 days prior to departure no penalty fee applies and PassNave refunds the fare and the prepaid deposit.
These cancellation terms and conditions do not apply to contracted retailers of PassNave Kft, their own booking terms and conditions are included within their in contracts.
The price of return tickets cannot be partially refunded after departure, i.e. following the completion of the journey towards the destination.
If cancellation is made by the passenger, and the refund of the fare in cash is not possible at the ticket office, the cost of the bank’s transfer charges is to be borne by the passenger.
When requesting a refund of the price of a ticket or equivalent document the passenger already received earlier, the passenger must return the unused and undamaged ticket, present the receipt and give proof of identity.
b.) In case of event hosting hydrofoil services (domestic and international):
The party cancelling pre-paid tickets (including fare and baggage fees) or reserved seats is to pay the following penalties:
for trips cancelled within 7 days of departure, or if the passenger is a no show, 100% of the fare is to be paid as a penalty,
for trips cancelled more than 8 but less than 15 days prior to departure, the fare is to be refunded minus a
50% administration fee;
for trips cancelled more than 16 but less than 29 days prior to departure, the fare is to be refunded minus a
25% administration fee;
cancelling trips more than 30 days prior to departure carries no charge, and the transportation fare or deposit is to be refunded by PassNave Kft.
In case of event hosting boats with domestic or international destinations, the present Business Regulations are to be applied with the following modifications:
PassNave Kft acts as an excursion organiser in case of passenger transportation programmes not on water. PassNave Kft reserves the right to make modify hotel bookings or programmes, within the same category. In case
of programmes in Vienna, the arrival, departure and programme times may also be subject to change.
Passengers must purchase and collect reserved programme tickets in person at least 30 days prior to departure at a designated ticket office, or pay by using another payment method by that time (by bank transfer or by providing a credit card authorisation).
c.) In case of tickets purchased from a ticket machine or online:
In case of tickets purchased from a ticket machine or online, depending on the type of service, the following shall be added to the cancellation terms and conditions:
ticket refunds are subject to a 20% handling fee
after deduction of the handling fee the transfer of the fare to be refunded is not initiated by the transportation service provider, but will be credited back to the party requesting the refund of the ticket by the service provider’s bank
modification of the travel dates of purchase tickets carries no additional charge
in case of changes to other parameters of the purchased ticket (e.g. changes in the type of vessel or the service, reduction in the number of passengers), - as these are only possible by returning the ticket and its re-issuance - the refund process described above takes place.
13.) Chartering boats
The charter tariffs officially published by PassNave Kft are valid for all chartered boat rentals. Catering services are available exclusively through PassNave Kft.
If the hirer of the chartered boat intends to use ports that are not operated by PassNave Kft, separate port charges shall apply. PassNave Kft will provide information of these charges during chartering.
The hourly stand-by fee for excursion and event hosting boats is 50% of the given boat type’s hourly chartering fee (the discount stand-by time can be no more than twice the duration of the trip). In case of rural trips, the rental fee includes
3 hours of stand-by time at the destination; for further stand-by, 50% of the hourly chartering fee of the given boat type
shall apply. (Wedding events are an exception to this rule, with the stand-by time and associated fees being determined on an individual basis).
Stand-by fee in case of hydrofoils: for 1 day trips with chartered boats, no stand-by fee is charged; for trips taking several days, the costs of stand-by periods and those of other related charges (cost of accommodation for crew, etc.) are calculated on an individual basis.
If the party hiring the boat does not board the chartered vessel within one hour of the confirmed time of departure, and does not inform PassNave Kft about obstacles preventing boarding, PassNave Kft has the right to use the chartered vessel for other purposes. In such cases, the terms and conditions of cancellation within 24 hours take effect.
a.) Booking chartered boats:
Chartered boats can be booked in person or in writing (mail, fax, or e-mail). Orders must include:
the names of passengers or group of passengers, the number of passengers,
nationality of the passengers (only for international travel), boat type,
the port of departure and arrival, as well as any landing request during the trip
the date of the journey, time of departure and arrival (year, month, day, hour, minute), other services required,
the hirers specifications relating to other services.
PassNave Kft confirms orders within three working days in writing, and the contract is then drawn up with the confirmed content.
b.) Terms and conditions of cancellation (termination) for chartered boat bookings:
When a chartered boat trip is cancelled, the hiring party is to pay the following percentages of the chartering fee as a penalty:
for trips cancelled within 24 hours of departure: 100% of the chartering fee;
for trips cancelled between 24 and 48 hours prior to departure: 50% of the chartering fee;
for trips cancelled between 48 hours and 21 days prior to departure: 30% of the chartering fee;
for trips cancelled more than 21 days prior to departure no penalty fee applies.
Cancellation is calculated from the arrival of the written cancellation request to PassNave Kft. Only the hiring party whose name is listed on the voucher, or an authorised representative, can cancel or modify the booking.
In case of cancellation by the hiring party, the cost of the bank’s transfer charges relating to the refund are to be borne by the cancelling party. If the chartered boat cannot depart due to unforeseen circumstances (force majeure), both parties will be exempted from cancellation fees and penalties. In such cases, the full chartering fee is refunded by PassNave Kft within 30 days.
c.) Submitting feedback (complaints) regarding chartered trips:
Any complaints by the hiring party in connection to any of our services should be submitted to PassNave Kft in writing by 4 pm on the day following the conclusion of the trip.
Failure to meet this deadline will result in the loss of rights. Complaints can also be submitted in writing to the captain of the boat before departure, during the trip or immediately after the trip.
14.) Catering services, sales activities
Snack bar and other catering type services are available and may be organised exclusively through PassNave Kft.
Sales activities at the boat docks (ports) or on the boats are only allowed with the permission of PassNave Kft;
nevertheless, the permission of PassNave Kft does not substitute the necessary official permits otherwise required.
PassNave Kft is the exclusive owner of all interior and exterior surfaces and advertisement media on its boats (in case of events as well). A prior written agreement is required for the use of these surfaces.
16.) Inspection, penalty fee
The passenger must be in possession of a valid ticket or travel certificate (hereinafter together referred to as: ‘ticket’) at the start of the journey. The passenger is obligated to keep their valid ticket for the entire duration of the journey as well as during disembarkation, and to present it to the ticket inspector of PassNave Kft. for inspection, together with the discount entitling document. If it is necessary to determine the legitimate entitlement for the travel discount or if it is necessary for the inspection procedure, the passenger must provide proof of their identity.
The ticket inspector of PassNave Kft. is entitled to check the passenger's right to travel, the validity of the tickets, the legality of the travel discounts and the compliance with these Business Regulations at any time during the journey, including boarding and disembarkation.
The ticket inspector of PassNave Kft. is entitled to obtain the data necessary for the identification of passenger travelling without paying the travel fare, for checking the personal travel entitlement of the individual, and for verifying the legitimacy of the use of travel discounts of the travelling passenger.
The passenger who
does not have a valid ticket,
purchased a ticket for the incorrect route, or wrongfully uses a travel discount,
shall be required to pay the full fare for the route and a penalty fee in addition to the fare. If the place of departure or
destination of the passenger cannot be established, the passenger must pay the fare valid from the point of departure of the vessel to the destination or from the point of departure for the entire route of the vessel together with the penalty fee.
In the event of a violation of the travel conditions, the ticket inspector of PassNave Kft. will immediately create a report of the circumstances of the case. For effective inspection, the ticket inspector of PassName Kft. is entitled to delay docking or the continuation of the journey for a short time.
A passenger who is required to pay a penalty fee must provide proof of identity and address to the inspector. If the passenger refused to provide proof of identity, the inspector may request police intervention or exclude the passenger from travelling.
The travel fare and the penalty fee specified in the report can be paid in cash at the ticket offices or the docks operated by PassNave Kft. or by bank transfer to bank account number of PassNave Kft. indicated in the report. In the case of a bank transfer the payment obligation shall be considered fulfilled when the amount of the specified travel fare and penalty fee is credited on the bank account of PassNave Kft.
If the debtor does not pay the travel fare and penalty fee amount specified in the report within 8 days of the travel date, PassNave Kft. shall call on them to provide payment with the setting of a new deadline. If the passenger still does not fulfil their obligation within the new deadline, PassNave Kft. shall initiate legal action for the recovery of the claim. The costs of the latter must also be borne by the debtor.
In case of travel with an invalid ticket, the amount of a full fare ticket must be paid together with the penalty fee, which is three times the full ticket fare. In the case of a ticket purchased for an incorrect route or a wrongfully used travel discount, the difference between the purchased ticket and the full fare ticket must be paid together with the penalty fee, which is three times the amount of the difference.
PassNave Kft assumes liability for damages arising during the transportation of passengers in line with these Business Regulations. The regulations of the Civil Code on enterprises will govern such cases. PassNave Kft's liability for damages extends to 150% of the purchased ticket or the contracting fee.
If passenger transportation is affected or prevented by a force majeure specified in these Business Regulations, or not specified but constituting as such, PassNave Kft is not liable for the aborted services or any failure in fulfilling the passenger transportation contract due to the above reasons, but will refund the purchased ticket fares within 30 days.
PassNave Kft is not responsible for fragile or perishable goods in the luggage of passengers or for damages caused by these goods, and will not be held liable for damages caused by inadequate packing.
18.) Complaint submission and handling rules
Any complaint or notification (hereinafter: ‘complaint’) arising from the legal relationship of the passenger and the transporting company must be communicated without delay, or by no later than 48 hours following the complaint causing incident, so that PassNave Kft. is able to take the necessary steps to remedy the situation, or to clarify the basis of the claim and if possible instantly resolve it. Failure to meet this deadline will result in the loss of rights. The passenger shall be liable for any damage that results from late notification.
a.) Verbal complaint
Complaint handling location of PassNave Kft.: 1056 Budapest, Belgrád rakpart, International Port, Customer service Opening hours: M-F: from 08:00 to 16:00.
The verbal complaint must be investigated immediately by PassNave Kft. and remedied as necessary. If the client is in disagreement with the way their complaint is handled, or the immediate investigation of the complaint is not possible, PassNave Kft. shall write up a report on the complaint without delay, indicating also its position, and shall provide a copy of this report to the passenger directly. In all other cases, PassNave Kft. acts in accordance with the rules applicable to written complaints.
b.) Written complaint
A complaint may be submitted through the following channels, complete with the copy of the ticket and any other receipts generated:
- by post to the complaint handling address of PassNave Kft.: 1056 Budapest, Belgrád rakpart, International Port
- by e-mail to the email@example.com e-mail address
- written in the customers' books at the boat docks
- by completing the report form on board the boat
For complaints submitted in writing PassNave Kft. provides a response, complete with reasoning, within thirty days. PassNave Kft. informs the passenger of the remedies available in their complaint closing reply, and also provides the contact details for the Consumer Protection Authority and the conciliation body.
If a passenger's complaint is rejected, they may turn to a conciliation body. The conciliation body is an independent body operating alongside the County (Budapest) Chamber of Commerce and Industry. The conciliation body having competence based on the passenger’s address or their place of residence shall conduct the procedure. The procedure of the conciliation body may only be initiated after the passenger has attempted to settle the disputed matter with the affected company directly. The passenger may initiate the procedure with a written request duly submitted to the chairman of the conciliation body. The conciliation body is responsible for the settlement of consumer disputes occurring outside of court proceedings.
Following the cessation of the Hungarian Authority for Consumer Protection, the first instance consumer protection authority tasks were transferred to 197 district offices, therefore since 1 January 2017, passengers can primarily turn to the district offices with their complaints. (Contact details available on: http://jarasinfo.gov.hu/.)
PassNave Kft has the right to use subcontractors for transportation services. If PassNave Kft transfers the operation of passenger transportation to any other contractor, these Business Regulations and the terms and conditions of the individual contracts shall remain in effect.
20.) Ban on assignment
Rights derived from the passenger transportation contract cannot be transferred to a third party without informing
PassNave Kft in writing beforehand.
21.) Statute of limitations
All claims against PassNave Kft in connection with the passenger transportation contract shall be forfeited after 6 months at the latest, unless the present Business Regulations stipulate otherwise.
22.) Rights and legal disputes
Any disagreements are to be settled in accordance with Hungarian law.
With regard to any dispute that arises from the violation, termination or validity of an agreement or contract concluded under these Business Regulations, the Parties shall submit themselves to the exclusive decision of the competent court based on the registered office of the Company.
Terms of individual contracts between PassNave Kft and hirers or passengers take precedence over the present
23.) Publication of Business Regulations
PassNave Kft. publishes the current Business Regulations in its entirety on its website (available at: www.mahartpassnave.hu), which can also be freely downloaded. PassNave Kft. provides access to the Business Regulations in the ticket offices and boat docks during opening hours.
The Business Regulations published on this website contains the currently effective text together with amendments.
Last amendment effective from: 1 April 2019.