Terms and conditions
Ahoy. We’re glad you’d like to head out on the open water with us. We’ve written these terms in plain language (as far as we can) so that everything is clear to you. You’ll find everything worth knowing before your trip – who can hire a boat, how we look after safety, and how bookings and complaints work. Take your time reading it. Entering into the hire agreement means you accept these rules.
§ 1. Who we are and what the key terms mean
1.1. We hire out the boats as What a boat – Wiktoria Majcher, NIP: 8943264797, REGON: 542251159. In these terms we refer to ourselves as “we” or the “Boat Hire”.
1.2. The Hirer is you – an adult who enters into a boat hire agreement with us and takes responsibility for it. In these terms we address you as “you” or the “Hirer”.
1.3. The Boat is our motorboat. Under the current Regulation of the Minister of Sport and Tourism on water tourism, you do not need a licence to operate it.
1.4. The Jetty is our mooring at Bulwar Rodła in Kraków, between the mouth of the Rudawa and Dębnicki Bridge.
1.5. The Price List is our current list of service charges – you’ll find it at the Boat Hire and on our website.
§ 2. Who can hire a boat
2.1. You must be an adult with a valid ID document.
2.2. You must be sober and physically fit.
2.3. Minors may take part in a trip only under the constant supervision of an adult, who is responsible for their safety and behaviour.
2.4. Throughout the hire period you are responsible for the boat, the equipment and all passengers.
2.5. There may be no more than 5 people on board including you (unless we say otherwise before the trip). This number must not be exceeded under any circumstances – children count too.
2.6. We may refuse the hire or end a trip if:
a) you are under the influence of alcohol or intoxicants, or you behave in a way that endangers safety,
b) you refuse to show an ID document or to accept these terms,
c) the weather conditions or the state of the boat do not allow a safe trip,
d) your behaviour creates a reasonable risk of damage to the boat or harm to third parties.
2.7. We use this right to refuse only to protect the equipment, the passengers and the people nearby. Never arbitrarily.
§ 3. Safety on the water
3.1. Everyone on the trip must wear a fastened lifejacket at all times.
3.2. Before setting off, our crew will give you a short briefing on operating the boat. Leaving the jetty means the briefing took place and everything was clear.
3.3. Adjust your speed to the conditions on the water, visibility, traffic and the signs in force.
3.4. Take particular care near other vessels, bridges, banks and people in the water.
3.5. In the event of an accident, collision, breakdown or any incident that threatens safety – stop the boat immediately, make sure the people on board are safe, and notify our crew on the number you are given when you collect the boat. When necessary, also call 112.
§ 4. Rules for getting about on the water
4.1. Follow the navigation rules in force on inland waters and the navigation markings.
4.2. Do not enter areas where navigation is prohibited: port zones, shipyard areas, designated bathing areas and other places excluded from recreational traffic.
4.3. Keep a safe distance from other users of the water and from the bank. Avoid creating wash near swimmers and smaller vessels.
4.4. Moor only at our jetty. Elsewhere – only in an emergency or where you have agreed it with our crew beforehand.
4.5. Do not leave the boat during the trip, except in an emergency.
4.6. Without our written consent, you may not use the boat for commercial activity (e.g. paid passenger transport, commissioned photo shoots).
4.7. Do not sub-hire the boat or lend it free of charge to third parties. Only you may steer, or a person you report to us and whom we approve before the trip begins.
§ 5. The jetty and mooring area
5.1. The jetty is only for our customers and crew.
5.2. Step onto the jetty only with our crew’s permission and only during the Boat Hire’s opening hours.
5.3. On the jetty, take particular care – the surface can be slippery and it’s easy to lose your balance.
5.4. On the jetty, do not run, push past others, jump into the water or behave in any other way that could cause danger.
5.5. Children may be on the jetty only under the constant supervision of an adult.
§ 6. The condition of the boat and its use
6.1. Before the trip begins, our crew will check the condition of the boat and its equipment together with you. We will note any observations (e.g. scratches, missing items) in the handover report – that way it’s clear what may have changed after the trip.
6.2. If you notice any faults or irregularities while on the water, report them to our crew without delay – by phone (if they may endanger the passengers’ safety) or once you are back at the jetty.
6.3. Do not tamper with the engine, the electrical system or the boat’s equipment.
6.4. Return the boat in no worse condition than ordinary wear and tear from proper use.
6.5. In the event of a breakdown, stop the boat immediately in a safe place and contact our crew.
6.6. Take your rubbish with you – do not leave it in the boat. For leaving significant mess behind (e.g. food remains, spilled drinks) we may add a cleaning charge, in an amount matching our actual, reasonable costs, in line with the Price List.
§ 7. Hire period, charges and online bookings
7.1. We hire out the boat for the period agreed when the agreement is concluded. The trip begins the moment you leave the jetty and ends the moment you return to the jetty (subject to clause 7.11).
7.2. We conclude the hire agreement in one of two ways:
a) In person (on site): you and our crew sign the “Hire Agreement”, to which these Terms and Conditions are an integral appendix.
b) Online (over the internet): through the booking system on our website. The distance agreement is concluded when three conditions are met at the same time: correctly completing the booking form (stating, among other things, the day on which the hire service is to be provided), accepting these Terms and Conditions (e.g. by ticking the relevant box), and clicking the button that carries an obligation to pay. Payment for an online hire is collected in full and in advance through the payment provider Mollie. If the booking is not paid for successfully within the time set by the system, no agreement is concluded.
7.3. We set the hire charge in line with the current Price List – you’ll find it at the Boat Hire and on our website.
7.4. Come back on time. If you are late returning and exceed the agreed hire period:
a) for the first 10 minutes of lateness you will pay for each additional minute pro rata to the hourly rate from the Price List,
b) beyond 10 minutes of lateness you will pay a double rate for each additional minute, i.e. 2/60 of the hourly rate from the Price List.
7.5. You can make a booking directly at the Boat Hire or through our online booking system.
7.6. An online booking requires acceptance of these terms and – for bookings with online payment – payment in line with the instructions in the system.
7.7. If a trip cannot go ahead because of weather conditions that make a safe trip impossible (the Boat Hire’s crew decides this each time), the money paid:
a) may be moved to another date agreed with you, or
b) is refunded in full to the account it was paid from, within 14 days.
7.8. How things are settled when a trip cannot go ahead is arranged with you individually – the choice is yours.
7.9. You can cancel a booked trip on the following terms:
a) 48 hours or more before the planned trip – you’ll get a full refund,
b) between 24 and 48 hours before the trip – we’ll refund half the amount paid,
c) when less than 24 hours remain before the trip, or if you don’t turn up at the agreed time – we’ll keep the full amount to cover the cost of reserving the slot and preparing the boat.
7.10. Clause 7.9 does not apply to a trip cancelled by us or to a cancellation for weather reasons (clause 7.7) – in those cases you have a choice: a full refund or a new date.
7.11. Be on site 10 minutes before your booking time for a short briefing on operating the boat. If you are not, we’ll run the briefing during the hire period and won’t extend it by the time spent learning – the hire begins and ends at the planned times.
§ 8. Personal data and the e-receipt
8.1. The controller of your personal data is What a boat – Wiktoria Majcher, NIP 8943264797, ul. Liliowa 5, 32-061 Rybna, email: ahoy@whataboat.pl. We process your data in order to enter into and perform the hire agreement with you, settle it, contact you about your booking, handle complaints and meet legal obligations (e.g. tax obligations).
8.2. We process your personal data (e.g. first name, surname, contact details, ID document details, IP address) on the basis of Article 6(1)(b) GDPR in order to enter into and perform the hire agreement, and on the basis of Article 6(1)(c) GDPR in order to meet legal obligations, in particular tax and accounting ones. The data may also be processed in order to pursue or defend against claims (Article 6(1)(f) GDPR – the legitimate interest of the controller).
8.3. Your data may be passed to entities that provide us with services needed to perform the agreement – including our accounting office, the online payment provider (Mollie), the boat’s insurer, and the hosting and booking-system provider.
8.4. Data processed in connection with performance of the agreement is kept for the period of its performance and then for the period required by tax law (as a rule, 5 years from the end of the calendar year in which the tax payment deadline fell) and for the limitation period for any civil-law claims.
8.5. Providing personal data is voluntary, but without it we cannot enter into the hire agreement and you cannot use our services.
8.6. You have the right to: access your data, rectify it, erase it, restrict its processing, transfer it, and object to its processing. If data protection rules are breached, you have the right to lodge a complaint with the President of the Personal Data Protection Office (PUODO).
8.7. Your personal data is not subject to automated decision-making, including profiling. We may use IT service providers based outside the EEA, and so your data may be transferred outside the EEA. We use only entities based in countries that the European Commission has found to provide an adequate level of protection, or entities that process personal data on the basis of Standard Contractual Clauses adopted by the European Commission, as referred to in Article 46 GDPR and concluded between us and that entity, or that process data under the Data Privacy Framework.
8.8. For online bookings we issue a receipt in electronic form (the “e-receipt”) and send it to the email address given during booking. By accepting these terms, you give your explicit consent to receiving the receipt in electronic form within the meaning of tax law.
8.9. You can opt out of the e-receipt – ask our crew for a paper version before the boat is handed over. Let us know if you need a VAT invoice before you make payment.
8.10. If you enter into a hire agreement with us at a distance through the booking system on our website, you’ll find detailed rules on the processing of personal data in connection with using the online platform (including information on cookies, server logs, the payment provider and the hosting provider) in a separate Privacy Policy at: https://whataboat.pl/en/privacy-policy.
§ 9. Liability for damage
The boat is covered by a third-party liability (OC) policy (sum insured up to PLN 500,000) and comprehensive (AC) cover for the vessel and engine. This means that in typical situations you are not liable for the full value of the damage – usually only for the excess.
9.1. You bear financial liability for damage to the boat and its equipment occurring during the hire, on the terms set out below. You bear full liability not only for damage, but also for the loss or mislaying of items of the boat’s equipment (e.g. a lifejacket) – according to our valuation, based on the actual purchase cost of the equipment.
9.2. If the damage is covered by an insurance policy (OC or AC) taken out by us, you cover only the excess specified in the policy. We tell you the amount of the excess for a given trip before it begins (the information is also in the boat handover report).
9.3. If the insurer refuses to pay compensation – because of a gross breach of safety rules, a breach of the law, operating the boat under the influence of alcohol or intoxicants, or a deliberate act – you are liable for the damage in its full, actual amount.
9.4. You are also liable for damage caused by passengers who were on board with you.
9.5. We are not liable for personal belongings left in the boat or on the jetty, nor for damage to private equipment (phones, cameras, clothing) as a result of contact with water – look after them yourself. This does not apply to damage caused by us or by those we engage.
9.6. In the event of a collision or damage to the boat – notify our crew without delay. In the event of an accident involving people – also notify the emergency services (police, ambulance). Stay at the scene until the circumstances are clarified, unless safety requires otherwise.
9.7. In the event of a gross breach of these terms (e.g. operating under the influence of alcohol, exceeding the permitted number of passengers, entering a prohibited area) or creating a direct threat to safety, we have the right to end the hire immediately. In that case you are entitled to a proportionate refund of the charge for the unused trip time, although we reserve the right to deduct from that amount the equivalent of any damage suffered as a result of the breach of these terms.
9.8. The above provisions do not exclude or limit our liability towards a Hirer who is a consumer – on the terms arising from mandatory provisions of law, including the Civil Code and the Consumer Rights Act.
§ 10. What is absolutely not allowed
These rules protect life, health and equipment. Breaking any of them may mean the trip is ended, and in the event of damage – full liability on your side.
10.1. Operating the boat under the influence of alcohol, drugs or other intoxicants, or medication that affects your ability to operate it.
10.2. Exceeding the permitted number of people on board.
10.3. Using the boat other than as intended (e.g. towing swimmers, water skiing, organising races).
10.4. Polluting the water and the bank (fuel, rubbish, cigarette ends, food remains).
10.5. Entering areas where navigation is prohibited, or going near bathing areas.
10.6. Jumping into the water from the boat or the jetty.
10.7. Smoking cigarettes or using a naked flame on the boat.
10.8. Bringing animals on board without agreeing it with our crew beforehand.
10.9. Carrying people for payment, or otherwise using the boat commercially, without our written consent.
§ 11. Weather and force majeure
11.1. A trip may be cancelled or cut short in the event of unfavourable weather conditions (e.g. a storm, strong wind, fog, high water levels) or other events that could threaten safety.
11.2. The decision on whether a trip can go ahead is made by our crew, guided by objective safety conditions (weather reports, water levels, visibility). Such a decision does not affect your right to make a complaint under § 12.
11.3. If a trip is cut short partway through because of weather conditions or other events beyond your control, we refund a proportionate part of the charge for the unused time or – if you prefer – offer a new date.
11.4. We are not liable for the consequences of failing to perform the agreement caused by force majeure (e.g. flooding, closure of the waterway by the authorities, failure of port infrastructure).
§ 12. Complaints
12.1. You can make a complaint about the hire in person at the Boat Hire, by post, or by email to the address given on our website.
12.2. In your complaint, please give: your first name and surname, contact details, the date of the trip and a description of the matter. This information will speed up handling it. This is a recommendation, not a requirement – if you don’t provide it, the complaint will still be valid.
12.3. We handle complaints within 14 days of receiving them. If we do not reply within that time, the complaint is deemed to have been upheld.
12.4. In the event of a dispute between you, as a consumer, and us over a complaint you have made, you may use out-of-court methods of handling complaints and pursuing claims. In particular, you may apply for mediation or for the matter to be heard by an arbitration court, or use the help of the district (municipal) consumer ombudsman.
12.5. Detailed information on a consumer’s options for using out-of-court methods of handling complaints and pursuing claims can be found, among other places, on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl), and on the websites of the Provincial Trade Inspectorates (e.g. http://wiih.org.pl/index.php).
§ 13. Right to withdraw from the agreement
13.1. A consumer who concludes an agreement at a distance (e.g. through an online booking) is, as a rule, entitled to withdraw from the agreement within 14 days without giving a reason.
13.2. However, the right of withdrawal does not apply to contracts for services connected with leisure, entertainment, sporting and cultural events where the contract specifies a day or period for providing the service (Article 38(1)(12) of the Consumer Rights Act). Hiring a boat on a specified date falls into this category (a service connected with leisure), which you accept when you hire a boat.
13.3. Regardless of the above, the booking cancellation rules described in § 7.7 and § 7.9 apply and may be more favourable to you.
§ 14. Services provided electronically
14.1. When you book online on our website, we provide you electronically with a free service consisting of making the online booking form available. The service ends when the booking is placed or the website is left.
14.2. To use the booking system you need: a device with internet access, an up-to-date browser, an active email account and cookies enabled.
14.3. When using the booking form, you are prohibited from supplying unlawful content (e.g. entering vulgar or offensive content in the form fields, or content that infringes the personal rights of third parties).
§ 15. Final provisions
15.1. Using the service (entering into a hire agreement or making a booking) means acceptance of these terms.
15.2. In matters not regulated by these terms, the provisions of the Civil Code, the Consumer Rights Act and the rules on inland waterway navigation apply.
15.3. We may change these terms for important reasons, such as a change in the applicable law, except that agreements already concluded are governed by the terms in force on the day of booking.
15.4. The current version of these terms is available at the Boat Hire and on our website.