1.1 This Terms and Conditions of Participation (furthermore shortly: TCP) regularizes the rules of legal relationship between Evezz Velem Egyesület (Evezz Velem Association, seat: 1119 Budapest, Halmi u.6/b. fszt.2., furthermore shortly: Association) and persons participating its programs, in order to regularize the confines and rules of legal relationship between the parties during cultural, sports programs, leisure and other programs on land and water.
1.2 The Association does its activities primarily for its members. It leads economic activities complementarily. Personal effect of this TCP extends to each person participating programs of the Association, including members, supporters and persons participating without legal relationship of membership (furthermore altogether: Participants).
1.3 By signing application form or filling on-line application form, Participant declares that he or she has fully known and accepted the regulations of this TCP and according to this, he or she participates in the programs of the Association. Participant cannot refer to no access of this Terms and Conditions of Participation, or signing or filling the Application form or the online Application form without having read the Terms and Conditions of Participation. The Association publishes the current Terms and Conditions of Participation on its website.
1.4 The Association and the Participants unanimously agree that in case of potentional legal debate they apply law effective at the time of signing application form or filling on-line application form, and current text of this TCP at the time of signing application form. As for the fee, fee list valid at the time of signing application form or customized fee at the time of application are applied. In unique cases, the Association may provide Participant with customized offer. Fee in this offer may differ from the one that can be found on the website.
1.5 The Association is liable to unilaterally modify the orders of this TCP and it is bound to publish modification immediately on its website. Legal relationship made earlier between parties cannot be unilaterally modified retrospectively.
2.1 Supporting member of the Association can be each natural and legal person that agrees with the operation of the Association, and that provides the Association with financial, professional, moral or other support. To become a supporting member, one must accept Basic Rules and fill in the application form online or in written form.
2.2 Supporting members are liable to participate in sports events and programs organized by the Association and to use all services of the Association.
2.3 Supporting membership does not come with any obligations, but supporting members are bound to pay the fee of events and programs organized by the Association in case they wish to participate.
2.4 Supporting membership is created by filling in the application form online or in written form. By filling in the application form online or in written form, supporting member accepts the content of Basic Rules of the Association and content of this TCP. Supporting membership is for an indeterminate period of time.
3.1 The main profile of the Association is to organize tours on water and land, and events and programs connected to them.
3.2 The Association is not to be considered as a travel agent (organizer), nor is its main activity considered as travel organizing, especially 213/1996 (XII.23.) Gov.order 1.para (4).
3.3 The Association publishes its events and programs on its website. Conditions found on the website are proper to the contents and time of events. The Association holds the right to change those written on its website—in exceptional, reasonable cases—to change the order of the events and/or type and place of accommodation and to replace them with other ones equal in sort and value.
As for the time period of the sports events, for determining certain partial services, for the mode of fulfillment and for the sum of participation fee, about potentional changes from the information published on the website, the Association sends or emails written note before the trip or in justified cases, it informs participants on them personally on the spot. The Association does not take responsibility for potentional press or typographical mistakes in its program guides and information leaflets and it holds the right of changing.
4.1 Reqirement of participation in the events of the Association is filling and signing the application form completely or filling the on-line application form completely. By doing so, Participant also agrees to accept this TCP and Basic Rules of Association, and agrees to accept legal relationship of supporting membership. Final requirement of participation in the events is paying the participation fee. Paying a part of the participation fee does not mean an entitlement to participate. Participants who fail to pay the full fee may be refused to participate which automatically means that they lose the sum paid in advance.
4.2 In case Participant is under the age of 18, requirement of the application is the Application Form completely filled in by the parent, either in written form or online, with which he or she accepts this TCP and Basic Rules od Association, and accepts legal relationship of supporting membership. Further requirement of participation is paying total fee of participation-- paying a part of the participation fee does not mean an entitlement to participate, participants who fail to pay the full fee may be refused to participate which automatically means that they lose the sum paid in advance--, and a declaration that proves swimming ability (being able to swim 200 meters safely), signed by a professional swimmer. Lacking this, the tour guide is liable to refuse participation of Participant. In this case, regarding returning of the deposit, orders of section 4.4 are to be applied. With a previous compliance, Association may save Participant from this requirement. In this case, parent must take responsibility for his or her child in written form. The Association does not take responsibility for any other situations with regards to this matter.
4.3 Terms and conditions of participation in sports events and programs, their locations, minimum number of participants, fees and services included in the fees are always published on the Association’s website. Association is liable to correct participation fees according to Euro currency, if the currency of Euro differs from the one at the time of publishing the tour by minimum 5 HUF, comparing to the official currency sale published by the Hungarian National Bank.
4.4 Participating the tour may be cancelled with no justification before the beginning of the tour by Participant, in which case the full sum of the deposit is not returned. In case of cancellations above, the deposit belongs to the Association, due to administration expenses. Sum paid apart from this is returned. In case of cancellation by Participant within 72 hours of the beginning of the tour, the full sum of the participation fee (including deposit) belongs to the Assocoation due to administration and organization expenses.
4.5 Fee of the tour is to be fully returned in case of cancellation by the Association due to any reasons (E.G. number of participants less than minimum)—except for reasons included in section 4.8.
4.6 During the tour, if participant decides on interrupting the tour, he or she cannot have any financial or other requirements to the Association.
4.7 In case the tour with previously set conditions or locations is obstructed by unavertable natural factors (permanently bad weather conditions, flood, extremely low water level, water contamination, etc.), the Association may move the tour to a different river or to a different date. Participants are to be informed about the fact of moving before the beginning of the tour, in written form or orally. Extra costs (fee of transfer, travelling, etc.) resulting from the changes are to be paid by Participants, with a specific cost settlement. The Association will add the above extra costs to the tour fees previously published. If Participant cannot or does not wish to participate in the moved tour, the deposit will remain with the Association as administration fee, while sum paid apart from the deposit will be returned.
4.8 In case of vis maior situations not mentioned in sections 4.5 or 4.7. when happening of the tour is impossible, or in cases considered identical to vis maior, according to this section, when management of the tour is impossible, or would go with unreasonable danger or difficulty, leader of the tour may cancel the tour any time (even directly before the start of the tour). In such cases deposit is not returned. Sum paid other than deposit is returned, 100%.
The following are considered vis maior or identical to it, especially but not exclusively:
5.1 All participants participate in the events and programs organized by the Association to their own responsibility. Participants acknowledge by filling the Application Form and by participating the tour that they are fully aware of the accident and health risks of the given sports event, and that they have received and have taken notice of information on this by a tour guide.
5.2 Participants take notice that they cannot demand any compensation with regards to the tour. The Association or the tour guide are not responsible for any losses or reductions in value with regards to any assets or possessions (damage or loss of equipment, theft, robbery).
5.3 Association is not responsible for any damages caused by Participant to a third party.
5.4 Association is not responsible for any damages caused by guides to the Participant.
5.5 Participant acknowledges to possess safe swimming abilities, by filling in the Application Form online or in written form, and by participating in the tour. Participants under the age of 18 are bound to hand in a certificate that proves their swimming abilities and that is signed by a professional swimmer. The certificate must be handed in no later than the day of setting off. Failing to meet this requirement the Participant may be dismissed from the tour and is not liable for the fee of the tour to be returned. With a previous compliance, the Association may save Participant from this requirement. In this case, a parent is to take responsibility for his or her child. Association does not take responsibility fro any other situations with regards to this matter.
5.6 Participants are bound to use properly the sports tools (boat, paddler, safety vest, tent, etc.) that the Association gives them. Participants are responsible for damages resulted from improper use which includes responsibility of complete compensation.
6.1 The tour guide’s duty is to provide all participants of the tour with safe and joyful time of the tour. Therefore, the tour guide is liable to do any arrangements that he or she considers to be justified in order to achieve the goal above, especially but not exclusively:
a) sending Participant home in case of sickness or injury
b) sending Participant home if he or she behaves in a way that opposes the interests of the group and if he or she continues to do so in spite of the tour guide’s warning
c) in case of smoking, consumption of alcohol or drugs by Participants under the age of 18. Participants above the age of 18 consuming drugs or too much alcohol and by this, violating safety of the tour, may be dismissed from the tour. Participants above the age of 18 agree to be required to consume alcohol exclusively after paddling. Otherwise the above legal result can be applied.
d) Interruption of the tour in case of any circumstance that endanger safe leading of the tour (deliberate or severely careless endangerment of others physical well-being
6.2 In cases determined in section 6.1, there is no way to demand any compensation from the Association or from the tour guide, in case of sending Participant home or interruption of the tour.
6.3 In cases determined in section 6.1, the guide of the tour prepares a record of the case, the second specimen of which he hands to the Participant dismissed from the tour. Refusal of reception of the record does not hinder dismissal from the tour. Factual statements included in the record are considered as proofs in case of a potential legal debate. Incidental remarks or objections are bound to be recorded in the record by Participant. The record includes the time and place of the event that resulted in dismissal, the description of the event, names, addresses, phone numbers of persons witnessing and proving the event, signatures of the tour guide and the Participant dismissed from the event and signatures of two witnesses.
6.4 Participant dismissed from the tour is bound to arrange his or her own journey to home, in connection with which the Association has no obligation or responsibility.
7.1 By filling in the Application form, online or in written form, Participant agrees that the Association can save his or her data.
7.2 The Association undertakes the obligation to handle confidentially all personal data and all data referring to the Participant (especially but not exclusively meaning health information referring to the Member) and to handle them according to current privacy legislation.
7.3 By filling in the Application Form, online or in written form, Participant agrees that the Association may publish photographs taken of him or her on sports events, on the Association’s website or in its brochures, without any special declaration of agreement. Participant cannot have any financial demand regarding this. The Association takes the obligation to remove the specific photograph from the website due to a written demand of Participant.
8.1 The Association and Participant record unilaterally that in case of a legal debate with regards to any element of the legal relation between them, they will attempt to handle it primarily in a peaceful way. In case it does not succeed, they mark the exclusive jurisdiction of District Central Court of Buda to decide in debatable issues. With regards to legal relation of membership and to legal debates in connection with the Association, Court of Budapest has jurisdiction.
With regards to issues not regularized in this TCP, IV. Tv. Of the year 1959 of Civil Code of the Republic of Hungary and orders of current Hungarian law must be applied.
Valid from: 10th February 2011
Evezz Velem Egyesület - Address: Magyarország 1119 Budapest, Halmi utca 6/B. Tel.: +36 30 600 9782 E-mail: