Marina Rules and Regulations and the General Terms and Conditions

Transcription

1 Marina Rules and Regulations and the General Terms and Conditions I. The Manager of the Marina and its data Name: Tomos Marina Kft. Registered seat: 1222 Budapest, Fékező u. 1. Name of the Manager of the navigation operations: Lilla Tomos (hereinafter as: Manager) Address of the Marina: 1222 Budapest, Fékező utca The tasks of the Manager Her task is to ensure the operations of the port, to prevent the danger that may endanger the safety of the boats, of docking, the transport within the marina and the public safety, taking into consideration the valid Marina Rules and the General Terms and Conditions. The instructions of the Manager, to ensure the safety of the boats, are to be followed by the crew and passengers of the boats and the renters. 2. The Scope of the Order of the Marina The scope of the Order of the Marina covers the general aviation port, suitable for harbouring small and big ships, equipped with floating structure, situated between the 1636,700 and 1637 river mile of the Danube on the right side. II. The Conditions of Using the Marina (incorporated in the renting fee) 1. During the storage period the Tomos Marina Kft as lessor takes on to store the boat specified in current contract either/both on water or on land. 2. Parties determine the place of the berth mutually Renter may choose from the available free spaces. 3. Lessor provides a permanent berth to the renter for the duration of the renting period. 4. Renter shall store only the boat specified in the contract at the marina the berth cannot be assigned to a third, and Renter cannot lease it to a third party. 5. Renter is obliged to inform the Lessor about any changes in the data of the ship without delay. 6. The Marina is under a 24/7 safety protection. 7. Lessor provides the electricity needed to charge the batteries of the boat and the possibility of taking water. An amount exceeding this shall be reported to the Manager of the marina. 8. Usage of the WC and shower at the marina. 9. The fee of the usage of the marina is to be displayed at the marina at a wellaccessible spot.

2 III. Further services of the Lessor (an extra fee is charged) 1. In case the renter wishes to operate a high-performance electrical devices (electrical heating, air-conditioning system) he is obliged to inform Lessor about it. In this case renter shall use the electricity only after setting up a meter, especially for measuring his consumption, and shall pay for the amount of the energy used up. 2. Covering the boats 3. Boat repair services and maintenance tasks 4. Use of the launching track IV. Obligation of the rentor 1. In the marina the small and big ships may dock at the floating structures determined by their Operating Licence. The boats have to be docked in a way that in case of danger changing their position can be realised quickly. Within the premises of the marina the boats can be docked only at the places and only to the equipment especially designated for this purpose. 2. Renter shall sign a storage contract within 24 hours after occupying the on water or on land docking space. 3. The owner of the boat himself has to make sure that the boat is fixed to the dock (minimum at 3 points). In case of a damage caused by not docking the ship in a professional way, Lessor takes no responsibility. 4. The owner of the boat himself has to make sure the boat is covered in a professional, waterproof way. In case of a damage caused by not covering the ship in a professional way, Lessor takes no responsibility. 5. Lessor takes no responsibility for the object left on the boats, piers or inside the buildings (WC, shower, changing rooms) on land. 6. By signing this contract Renter states that he has a valid insurance on his boat. Tomos Marina Kft. takes no responsibility for damages deriving from the lack of insurance. 7. By signing this contract Renter states that the stored boat has a valid shipping register. 8. After docking, renter acknowledges: the order of the marina and the marina rules, the marina fees, the conditions of the storage contract, and agrees and accepts to be bound by. Furthermore, Renter accepts that by signing the contract the responsibility of Tomos Marina Kft does not cover damages resulting from unprofessional docking, damages caused through no fault of his (e.g.: branches, falling object, etc.) and from or from damages caused by act of God, unavoidable natural disaster. 9. In case a small boat causes damage in whichever structure the driver of the small boat is obliged to inform the Manager of the marina without delay. The damage caused shall be described in a record, and the person responsible for the damage is

3 obliged to cover it. It is the responsibility of the person driving the small boat to dock it in a secure way. V. Terms of the contract, boat storage VI. 1. Storage fee The storage fee is included in the current price list, valid for the year to date The storage fee can be paid according to the current price list: o In advance or monthly in case of advance payment: it has to be paid by the 5 th of the month o In case of a delay payment the interest for default will be charged which is equivalent to the double of the central bank s current prime rate. Renter acknowledges that until the outstanding account has not been paid to the amount of the outstanding value Tomos Marina Kft. has a right of pledge on the boat and trailer stored in the marina. 2. Conditions of the storage Valid and signed storage contract A copy of the international shipping register of the stored boat A copy of the registration certificate of the trailer Valid insurance of the trailer and the boat Spare key of the stored boat (for fire protection reasons) Copy of the boat licence 3. In case there is an outstanding amount for more than 2 months, and the owner of the boat does not pay the outstanding amount despite the written demand for payment, the Manager of the marina will enforce a floating charge and takes the boat into custodial care. 4. When a fixed term contract expires the Renter either: Lengthens the contract; or takes the boat away from the marina on the termination date of the contract 5. The terms od this contract and the responsibilities of Tomos Marina Kft comes into force on the day of the payment of the renting fee and stay in force until the paid period ends. 6. Tomos Marina Kft. hand the boat over only to the Renter or to persons authorised by a written Power of Attorney issued by the Renter. 7. The termination of the contract Lessor can terminate the contract immediately in case the Renter has seriously breached the contract or in case Renter has endangered the life or health of a person, the property of a third party or Lessor. In this case the renting fee will not be reimbursed. The termination for convenience is 15 days for both parties. In case of a seasonal storage or the monthly storage fee of an ongoing month will not be reimbursed. Opening hours of the marina

4 1. In the summer season (1 April-30 October) is open for our clients 24/7. 2. The entrance gate is open: In the summer season the entrance gate is open between 8.00 to In the summer season after the gate has been closed the marina can be entered or left with the aid of the reception service. Guarding is 24/7 in the winter season too. The person at the reception is entitled to check the identity and reason of the access of the visitor and in case the reason of the access is found unreasonable it can be denied. 3. Renter is responsible for his guests. VII. Further Conditions 1. Renter shall not engage in any business activities within the premises of the marina. About any such intention shall be informed and its condition shall be stated in a separate contract. 2. Without prior notice only the owner can carry out any repairs on the boat, on own responsibility, strictly complying with the environmental regulations. 3. Renter shall not employ a third party contractor to work within the premises of the marina without the consent of Lessor. A consent may be issued only following the request of the contracted Renter. The fee is 18,000 HUF/ occasion. 4. Fishing is forbidden within the marina 5. Within the marina the Shipping Rules and Restrictions shall be obeyed. 6. In the marina the boats can move with a slow (5 km/h) speed, without generating waves. 7. In the marina waste water, bilge water, water contaminated with oil, dangerous waste cannot be poured into the water. 8. The termination period of the contract is 2 weeks, and can be initiated by any of the parties without any stated reason. 9. The entire premises of the marina are controlled by cameras. By signing this contract Renter acknowledges this. In case of a breach of the Marina Rules and Regulations or the Storage Contract, Lessor may use the recorded material made within the premises of the marina. The provisions of the Labour Code shall be applied to any questions not regulated in present agreement. Having read and interpreted jointly, the Parties sign the Marina Rules and Regulations and the Storage Contract and agrees to and accept it to be bound by. Present contract has been concluded both in Hungarian and English. Parties specify that the Hungarian language contract shall take precedence. Budapest,.. Renter. Tomos Marina Kft. Number of the dock

5 Contract that comes into force by and between Tomos Marina Kft and Name:.. Addres:.. Mobile phone number:.. address: To the Manager of the marina a boat has been handed over for storage with the Register number: Type: From:..year month.. day To:..year month.. day With the trailer (number plate: ) Length of the boat:..m...huf category Summer storage fee (gross):. HUF/ month; OR..HUF/season Trailer storage fee (gross):. HUF/ month; total..huf/season Total storage fee (gross):.huf In case of a payment in instalments: Renting period Amount Payment day Signatura