General Terms and Conditions

WindWorks Korlátolt Felelősségű Társaság (registered office: 8200 Veszprém, Rozmaring u. 2/2. 1st floor 5.; company registration number: 19-09-518105; tax number: 25410688-2-19; statistical code: 25410688-8553-113-19; short company name: WindWorks Kft.; authorised representative: Tubákos Ádám Zoltán, Managing Director) hereby sets out its General Terms and Conditions (hereinafter: GTC) applicable to its sailing education activities. The GTC is effective until revoked.

1. Service Provider: WindWorks Korlátolt Felelősségű Társaság (registered office: 8200 Veszprém, Rozmaring u. 2/2. 1st floor 5.; company registration number: 19-09-518105; tax number: 25410688-2-19; short name: WindWorks Kft.; managing director: Tubákos Ádám Zoltán).
2. Student/Participant: Any natural person or organisation who/which concludes an educational contract with the Service Provider, or registers for an advanced training and receives confirmation from the Service Provider.
3. Training Contract: In the case of beginner courses, a separate document concluded in addition to this GTC, setting out the specific terms, fees and schedule of the given training.
4. Deposit: An amount to be transferred in advance by the Student to secure their place on the course, which is included in the training fee; the amount is published on the Service Provider’s website (www.windworks.hu). The legal nature of the deposit is governed by Section 6:185 of Act V of 2013 on the Civil Code (hereinafter: Civil Code).
5. Training Fee: The total amount payable for completing the course; the current amount is published on the Service Provider’s website. The training fee does not include the theoretical and practical examination fees payable to the Examination Centre.
6. Force Majeure: An event beyond the control of the Parties, unforeseeable and unavoidable, that makes it impossible to hold the training (in particular: extreme weather, storm, official prohibition, natural disaster, war or emergency, national strike).
7. Website: The Service Provider’s website accessible at www.windworks.hu, which contains current course types, dates and training fees.

8. Content and types of services. The Service Provider carries out the following sailing education activities:
   1. Beginner sailing course (at Lake Balaton and/or Danube location) – preparatory training for obtaining a licence;
   2. Advanced sailing training (at Lake Balaton and/or Danube location) – for developing existing skills, for participants who hold a licence or do not require one.
9. The detailed description, location, duration and current fees for each course type are available on the Service Provider’s website. The Service Provider reserves the right to modify course types and fees; the conditions in force at any given time are published on the website and shall be deemed authoritative.
10. The location of the courses is Lake Balaton or the Danube. The Student will be informed of the specific location upon registration and in the confirmation.
11. The duration of the course is determined by the given course type; this is published on the Service Provider’s website, and the Student is informed upon registration.
12. Beginner courses. Participation in a beginner sailing course requires the conclusion of a Training Contract, which sets out the specific conditions of the given course (schedule, examination information, etc.). The Training Contract shall be applied together with this GTC; in the event of a conflict, the provisions of the Training Contract shall prevail.
13. Advanced trainings. Participation in advanced trainings is subject to securing a place by paying the deposit and paying the remainder of the training fee by the deadline. No separate Training Contract is required for advanced training; the conditions of participation are contained in this GTC.
14. Number of persons on board. In the case of group training, no more persons (students and instructor) may be on board at the same time than the vessel’s capacity safely allows. The exact number is determined by the vessel assigned to the given course and the educational programme.

15. Minimum age. The minimum age for participation in courses is 16 years. The theoretical examination may be taken from the age of 17, and the practical examination from the age of 18, in accordance with the relevant legal requirements. Participation of a Student who has not yet turned 18 requires parental/legal guardian consent.
16. The Student is obliged to fully comply with the laws governing waterway traffic, the Service Provider’s safety regulations and the instructors’ instructions throughout the training.
17. The Student must attend the training free of alcohol and drugs. The instructor is entitled to refuse participation if the Student’s condition endangers safe instruction. In such a case, no refund of the training fee will be made.
18. The Student must arrive dressed and equipped appropriately for the weather conditions and water-based activities. The Service Provider may require the wearing of mandatory equipment (e.g. life jacket); detailed information in this regard will be provided to the Student simultaneously with the confirmation of registration.
19. Wearing a life jacket is mandatory for the entire duration of stay on board, unless the instructor expressly grants an exemption.

20. Current training fees are available on the Service Provider’s website, and the Service Provider may modify them at any time. The fee in force at the time of registration for the given course shall be the applicable fee.
21. Securing a course place. The Service Provider will only reserve a course place for the Student upon receipt of the deposit amount by bank transfer. The amount of the deposit is published on the website. Without a deposit, the place shall not be considered reserved.
22. Remaining training fee. The remaining fee, beyond the deposit, must be paid by the Student no later than the first day of the course. If the remaining fee is not paid by the deadline, the Service Provider is entitled to refuse the Student’s participation and retain the deposit as a penalty.
23. Information on accepted payment methods and bank account details is available on the website.

The cancellation and rescheduling conditions set out in this chapter apply equally to beginner and advanced training courses held at Lake Balaton and Danube locations.

24. Free rescheduling. The Student may request in writing that the course be rescheduled to another date at least 1 (one) month before the start date of the course. In this case, rescheduling is free of charge, and the deposit is applied to the new date.
25. Cancellation at least 1 month before the course. If the Student cancels at least 1 (one) month before the start date of the course, the deposit will be refunded, however the Service Provider is entitled to retain HUF 20,000 (twenty thousand forints) as an administrative penalty.
26. Cancellation within 2 weeks (but at least 1 week before the course). If the Student cancels within 2 (two) weeks before the start date of the course, but at least 1 (one) week in advance, 50% of the deposit will be refunded; the remaining 50% will be retained by the Service Provider as a penalty.
27. Cancellation within 1 week. If the Student cancels within 1 (one) week before the start date of the course, the deposit will not be refunded; the Service Provider will retain it in full as a penalty.
28. In case of force majeure. In the event of a force majeure event, the course may be rescheduled to an earlier or later date suitable for both Parties, without a surcharge. The Service Provider will make best efforts to make up for any lessons missed due to force majeure, however the completion of make-up lessons cannot be guaranteed. The Service Provider cannot be held responsible if the make-up cannot be fully or partially carried out due to circumstances on the Student’s side (in particular: inflexibility in scheduling, proximity of the examination date, schedule incompatibility) or due to the Service Provider’s capacity limitations. In such cases, the Student may not raise claims for damages, fee refunds or other claims against the Service Provider. If rescheduling is not possible at all, the Parties shall agree on settlement individually.
29. Cancellation by the Service Provider. If the Service Provider cancels the course due to force majeure, insufficient number of registrants, or other reasons beyond its control, it will refund the full amount paid to the Student, or reschedule the booking to another date at the Student’s request.
30. Cancellation intentions must be communicated exclusively in writing (by e-mail) to the contact details provided on the Service Provider’s website. The date of cancellation shall be the date on which the written notice is received by the Service Provider.

31. Weather and safety decisions. The instructor – taking into account water and meteorological conditions – is entitled to suspend the training or refuse to go out if weather conditions (in particular: strong wind, high waves, limited visibility, lightning) do not allow for safe instruction. The instructor’s decision in this regard is binding and not subject to challenge.
32. In the event of force majeure. The Service Provider excludes its liability for situations attributable to force majeure events (in particular: extraordinary weather conditions, official navigation ban, war or disaster situation, national strike). In the event of force majeure, Section V.5 of this GTC shall apply.
33. In the event of a breakdown, technical failure or accident, the Student is obliged to immediately notify the instructor and fully follow their instructions. In the event of an accident or damage, the Student is obliged to make a brief note of the course of events and, if necessary, consent to notifying the authorities and the harbour master.

34. Liability of the Service Provider. The Service Provider is not liable for any injury, accident or damage to the life or property of the Student or other persons participating in the training that is attributable to the Student’s conduct, omission, violation of rules or an unforeseeable event outside the Student’s sphere of interest.
35. Insurance. The Service Provider declares that the vessels used for training have valid liability insurance. The insurance does not cover personal valuables and personal equipment brought on board by Students, nor injuries resulting from Students’ own fault.
36. Culpable conduct of a third party. In the event of damage caused by the culpable conduct of a third party, the Student may enforce their claim directly against the person causing the damage.
37. Liability of the Student. The Student is fully liable for damages arising from their own conduct, omission or violation of rules, and is obliged to compensate the Service Provider for such damages. This includes in particular the inspection and repair costs for damage to the vessel caused by improper handling.
38. Warranty and guarantee. The provisions of the Civil Code and the applicable laws setting out warranty rules in contracts between consumers and businesses shall govern warranty and guarantee matters.

39. The Service Provider processes the personal data provided by the Student for specific purposes only: for the performance of the educational service, for fulfilling the relevant statutory reporting obligations (e.g. examination records), and for proving the terms of any contract concluded.
40. The Service Provider will not disclose the Student’s personal data to third parties, except to authorities participating in examination organisation (e.g. KAV, the relevant examination board, the currently responsible Ministry), towards which a data provision obligation exists under applicable law.
41. The Service Provider processes data in accordance with the current provisions of Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information, as well as Regulation (EU) 2016/679 (GDPR).
42. With the Student’s consent, the Service Provider may use photos and video recordings taken during the training for marketing purposes (e.g. website, social media). Consent may be withdrawn at any time in writing, via the Service Provider’s contact details.

43. The Contracting Parties shall make every effort to resolve any disputes through negotiation. If it is not possible to resolve the dispute through negotiation, the Parties agree on the exclusive jurisdiction of the Veszprém District Court or the Veszprém Regional Court, depending on the value of the claim, with Hungarian law governing the legal relationship between the Parties and Hungarian language being mandatory for the proceedings. If the Student qualifies as a consumer, this provision shall be interpreted together with the legislation applicable to consumer contracts.
44. The invalidity of any provision of this GTC and any Training Contract shall not affect the validity of the other provisions. The invalid provision shall be replaced by a provision that most closely corresponds to the Parties’ intention at the time of contracting and is lawful.
45. Matters not regulated in this GTC shall be governed by Hungarian law, in particular the provisions of the Civil Code.
46. The Service Provider is entitled to unilaterally amend this GTC. The amendment takes effect upon publication on the Website. The Student accepts the amendment by paying the deposit for their course place.
47. This GTC is effective from 1 January 2025 until revoked.

Veszprém, 31 December 2024.