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GENERAL TERMS AND CONDITIONS
1. Service provider details:
Company name: HÉVINVEST SPA-GOLF Idegenforgalmi és Szolgáltató Zrt.
Short name: HÉVINVEST SPA-GOLF Zrt.
Registered seat: 1119 Budapest, Tétényi u. 84-86.
Company registry number: Pest County Court as Company Court 01-10-045911
Tax number: 13567628-2-43
2. General rules:
(a) These “General Terms and Conditions” – hereinafter referred to as: GTC – govern the terms and conditions referring to the use of the accommodations of Hotel Europa Fit operated by service provider at 8380 Hévíz, Jókai u. 3. and all related services offered by service provider.
(b) This GTC does not exclude the possibility of entering into special or individual agreements with tour operators, travel agencies and travel agents or with any other persons, who cooperate in the long-term with service provider in order to market/sell the services offered by service provider.
3. The contracting party:
(a) The contracting party shall be an individual, legal entity or business association without a legal personality who orders/uses the services offered by service provider. Individuals who are actually using the services offered by service provider are also considered as contracting parties. The party ordering and/or using the services hereinafter jointly referred to as: guest.
(b) Service provider and guest - upon meeting the conditions – as needed become parties to the service agreement, hereinafter jointly referred to as: contracting parties.
4. Establishment of the service contract, booking and amendments to the booking:
(a) Upon an inquiry submitted by guest in spoken or in written- via mail, fax or e-mail – the service provider shall forward a quote to guest 24 hours within the receipt of the inquiry. If 48 hours within the dispatch of the quote the actual order is not received in writing by service provider from the guest, service provider shall become exempt from its quote obligations and the commitment of service provider to the binding offer is eliminated.
(b) The service contract is established by service provider’s written confirmation of the order –booking- submitted by the guest, and with respect to this written confirmation the order –booking- is considered as a contract entered into in writing. Any orders submitted in spoken and/or order amendments shall only result in contractual obligation, if the service provider confirms the order or the amendment in writing; the confirmation of service provider in spoken with respect to the order or amendment of the order shall not result in contractual obligation.
(c) The contract established for the utilisation of the service is for a definite period of time.
(d) If guest prior to the expiration date of the definite period decides not to use the service until the elapse of the definite period, guest still shall be obliged to pay the full counter-value of the service to service provider, and service provider shall be entitled to claim the entire counter-value of the service. Service provider shall be entitled to resell the room vacated by guest prior to the elapse of the definite period.
(e) Guest shall only be entitled to extend the service, if service provider approves in writing the extension of the service latest on the day preceding the last day of the expiration of the definite period.
(f) Any amendment to the service contract shall only be possible upon mutual joint will of the parties recorded in writing.
5. Cancellation terms and conditions:
(a) 3 days prior to arrival, bookings can be cancelled without any contractual penalty; in the case of cancellations taking place within 3 days prior to arrival, 50% contractual penalty is charged to guest. If the booking is cancelled within the period subject to no contractual penalty, the deposit amount is refunded or a freely usable voucher is issued in accordance with the counter-value of the deposit paid. Upon cancellations made during the 3 day-period prior to arrival, the deposit amount is included as contractual penalty and it is not refunded to guest.
(b) Service provider reserves the right to stipulate terms and conditions differing from the above and in the frame of individual contracts in the case of booking of its certain products subject to special conditions – for example promotional offers -, or in the case of group travels or events.
6. Prices applied by service provider:
(a) The Rack Rates are displayed at reception and in the hotel rooms; the rates for the services offered by service provider – other than the accommodation related services- are displayed at the given hotel departments – for example in the restaurant, therapeutic department, beauty parlour, furthermore on the website of the hotel, but the reception upon request shall also provide information about such rates.
(b) Service provider shall be entitled to freely make changes to its prices without any announcement made at any time, under the condition that such changes do not refer to the prices already indicated in a quote and submitted to a contracting party.
(c) Service provider upon indicating the rates shall also indicate the extent of the taxes subject to the given rate – set forth by the laws and regulations-, for example VAT, tourist tax. Service provider reserves the right to devolve any additional burdens to the contracting party and/or guest without preliminary notification upon any changes made to the laws and regulations.
(d) Service provider shall be entitled to define its rates in Hungarian Forints or in any other convertible currencies.
(e) Service provider also commits to publish its actual rack rates, promotions, discounts and other offers on the www.europafit.hu website operated by service provider.
(f) In the case of cooperation with tour operators and in the case of guest services in absence of a cooperation agreement the service provider shall issue a gross invoice (including the commission and VAT); commission payment shall only possible upon the receipt of the commission invoice issued by the tour operator. In the case of contracted partners the price defined by the contract shall be invoiced.
(a) Service provider offers discounts to guests arriving with children. The extent of the discount is indicated by service provider with respect to the given season on the website of the hotel.
(b) Information on any optional, other discounts besides the standard discounts listed in Article (a) shall be available at reception and/or in the announcement displayed in the hotel rooms.
8. Payment method and guarantee
(a) Service provider shall indicate the total amount of the ordered services with respect to the entire stay on the written confirmation forwarded to the guest. Guest shall be entitled to settle the amount calculated for the entire stay in two ways. Guest either transfers 50% of the total amount by bank transfer to the bank account of the hotel latest by the 3rd day preceding the date of arrival, or guest shall also be entitled to settle the total amount in a lump sum payment upon arrival in cash, by bank card or any Cafeteria options substituting cash or card payment.
(b) Service provider reserves the right to request a guarantee from contracting party or from guest for the settlement of the counter-value of extra services, namely for services on the top of the ordered services arising from consumption at the premises. These guarantees may include the followings:
a) credit card guarantee: depending on the duration of the stay an advance fee amount, deposit is defined, which shall be blocked on the credit card of guest until departure.
b) deposit for services: the deposit can also be settled in cash upon arrival. Upon departure the non-utilised amount is refunded to guest.
(c) Contracting party shall be entitled and obliged to settle the counter-value of the service in Hungarian Forint and/or any other currencies at its discretion, which are accepted by the announcement displayed at reception and/or on the www.europafit.hu website. If the payment of the counter-value of the services takes place in full or in part not in Hungarian Forints, the conversion shall take place based on the exchange rate published by the Hungarian National Bank on the previous day. Service provider ensures that the hotel reception, upon request provides information about the foreign currency exchange rate used as the basis of conversion and invoicing.
(d) Service provider in order to settle the counter-value of the service(s) also accepts cashless payment methods, such as bank card, credit card, Cafeteria payments, based on separate contract: health insurance card, voucher, coupons. The actual list of cashless payment methods upon request is also available at reception.
(e) Service provider shall be entitled to devolve any costs arising in relation to the application of payment methods differing from cash payment at its discretion to the contracting party. Service provider commits to provide information about any costs subject to devolvement to the other party upon preliminary request of the contracting party.
(c) Service provider shall be entitled to charge items that the guest consumed in the Citrus Restaurant or Mandarin Bar&Café to the guest’s hotel room account, or the guest can pay it with a credit card. Cash payment is not possible. If the guest would like to settle the bill in cash, please turn to the reception, where the receptionist will make out an invoice after the guest’s consumption in accordance with the legislation on invoicing.
9. Method of using the service and related terms and conditions:
(a) Guest shall be entitled to check in to the ordered hotel room and confirmed by service provider on the day of arrival from 2.00 p.m. and shall check out by 11.a.m. –on the last day of stay.
(b) If guest on the day of arrival wishes to check in earlier than the time indicated in Article 9.(a), the rack rate for the day preceding the day of arrival shall also be charged to guest.
(c) Service provider enables the guests of the hotel – upon making a surcharge payment referring to the stay of pets – to bring their dogs or cats with them, under the condition that the pet shall only be kept in the hotel room under continuous supervision of the guest, and pets shall use the common areas open for the guests only for accessing the hotel room; pets are not allowed in other premises of the hotel, for example in the restaurant, wellness department, etc. If based on the judgement of service provider the size or behaviour of the pet disturbs the operation of the premises, service provider shall be entitled to refuse the acceptance of the pet.
(d) Guest shall be fully liable and subject to full compensation for the damage caused by its pet.
(e) Service provider shall be entitled to terminate the contract referring to accommodation provision with immediate effect, or refuse the service, if:
a) guest fails to use the hotel room made available to guest in accordance with proper use, and/or fails to use the services and/or the premises used for providing the services in accordance with proper use,
b) guest disturbs the rules of the house and fails to cease the disturbing behaviour despite of notification given,
c) guest fails to comply with the safety rules and regulations of the hotel, for example smokes at non-designated areas and fails to cease such behaviour despite of notification given,
d) guest with respect to the employees or guests of the hotel behaves in a reprehensible manner, or shows a rough behaviour, is under the influence or alcohol or drugs, shows a threatening, insulting or any other unacceptable behaviour.
e) guest suffers from a contagious disease or such illness, which disturbs the other guests. Incontinent guests or guests, unable to care for themselves are also not allowed to use the services offered by the hotel.
f) the contracting party or guest fails to comply with the payment guarantee undertaking obligation required by the service provider by the defined due date.
(f) If the contract existing between the contracting parties fails to materialise due to reason of “force majeure”, the contract terminates.
(g) Guests may use the services provided by the hotel during the entire stay at their own responsibility.
(h) The service provider pays particular attention to the prevention of accidents, in particular the slipping protection, therefore it places out non-slip underlay materials in the bathrooms, which are highly recommended to be used during the stay. The guest assumes all responsibility for accidents resulting from failure to use.
(i) the children or underage guests can not be left without parental supervision for health or other problems, that may occur. Animation programmes assume the active participation of children in the programmes, so if the child demands a qualified health or medical supervision, the hotel may refuse to let them participate in the animation program. (The service provider does not possess such a specialized knowledge or skills to look after people with serious mental illnesses or disabilities.)
10. Provision of services:
(b) If service provider due to a fault of its own - especially: over-booking, temporary operational issues – is unable to provide the ordered services, service provider shall ensure that guests are provided with accommodation.
(c) Service provider with respect to its obligation undertaken under Article (a) shall:
a) offer the services confirmed in the frame of the order at the indicated price and for the defined period – or until the elimination of the incapacitation – in an identical or higher category accommodation and shall ensure the provision of such accommodation upon the approval of the guest. Any and all additional costs arising in relation to the provision of the substituting accommodation shall be covered by service provider.
b) upon request offer guest – one-off occasion- an opportunity to make a phone call free of charge to inform a person, indicated by the guest about the change of accommodation.
c) offer free of charge transfer for guest to access the offered accommodation and for moving back, if applicable.
(d) If service provider fully complies with its obligations set forth by Article (c), and/or the guest accepts the substituting accommodation offered to guest, the guest shall not have any right with respect to retrospective indemnification claims.
11. Rights of guest:
(a) in virtue of the contract guest shall be entitled to use the ordered room and all facilities of the accommodation, which fall under the standard scope of services and which are not subject to the scope of special terms and conditions.
(b) guest shall be entitled to file a complaint in relation to the delivery of the services offered by service provider. Service provider commits to investigate the complaints of guests received by service provider in writing or shared in spoken at the hotel reception and recorded in a protocol 72 hours within the receipt of the complaint and to provide the guest with a respective answer.
12. Obligations of guest:
(a) guest shall settle the counter-value of the services ordered in the frame of the contract latest by the date and method set forth by the contract.
(b) guest shall ensure that the minors falling under its supervision shall stay in the hotel premises under continuous supervision of an adult.
(c) guest shall report any damage suffered by guest without delay to reception and shall make available all necessary data to the hotel, which are required to clarify the circumstances of the case of damage, and/or which may be required for a possible infringement or criminal proceeding.
(d) guest shall not enter the catering unit of the service provider with its own food or drinks.
13. Indemnification obligation of guest:
(a) guest shall accept responsibility for all damage which is suffered by service provider, or a third party as a result of the behaviour of guest, its companion, or by any parties falling under the supervision of the above-listed parties.
(b) guest’s indemnification liability shall still be valid, even if the damaged party is entitled to claim the indemnification of its damage directly from the service provider.
14. Rights of service provider:
(a) if guest fails to comply with its payment obligation related to the service fees in relation to the services used, or ordered but not used services, service provider shall become entitled to a right of pledge for ensuring its claims with respect the assets brought in to the hotel premises by guest.
(b) For safety and security reasons, the hotel and its premises are under video surveillance. The guests who attends the hotel accepts and agrees, that he can be recorded during the stay. Our system is designed to record 24 hours a day and the records are saved for a period of one month, than it gets automatically deleted from our database.
(c) The hotel offers various programmes, which are organized in order to entertain the hotel guests. The hotel staff or a company entrusted by the hotel may take photo and video shots on the programmes for marketing and promotional purposes. The guest who attends programmes accepts and agrees, that these shots can appear in different publications and advertising surfaces. The hotel considering the guidelines of data protection and privacy rights, publishes images in a way, that guests do not be clearly visible and unambiguously identifiable.
15. Obligations of service provider:
(a) service provider shall deliver the accommodation services ordered as per as the contract and other services in accordance with the effective regulations and service standards.
(b) service provider shall investigate the written complaint of guest and shall take the necessary measures for remedying the issue, furthermore shall record the taken measures in writing and shall inform guest accordingly.
16. Indemnification obligation of service provider:
(a) service provider shall assume liability for all damage caused to the guest within the hotel premises due to the fault of service provider or its employees.
(b) the scope of liability of service provider shall not include cases of damage, when the damage is caused due to reasons, which could not be averted within the scope of influence of the employees of service provider and the guests, or which are caused by the guest or the parties falling under the scope of control of guest.
(c) service provider reserves the right to designate premises within the hotel, which are not allowed for guests. Service provider shall visibly indicate such areas/premises. Service provider shall not assume any liability for damage caused to guest or to any parties falling under the supervision of guest at places which are not allowed to be used by guests.
(d) service provider’s indemnification obligation shall only exist, if guest reports the damage immediately after the occurrence of the damage to reception by providing the necessary details and information.
(e) service provider shall assume liability for all damage suffered by guest during the loss, destruction or injury of its assets, if the guest placed such assets at a place designated for such purpose by service provider, and/or at the place generally designated for such purpose, or in the hotel room’s safe, or which were handed over by guest to an employee of the hotel, who guest considered authorised to receive such things.
(f) service provider shall only be liable for the loss, destruction or injury to the assets, securities or cash of guest, if service provider specially received such thing, or the damage was caused by a reason for which service provider is liable as per as the general rules and regulations. In this case the obligation of proof shall be born with guest.
(g) service provider does not take any liability for luggage pieces of the contracting party and the content of those, upon check-in and check-out, placing and removing the items into and from a vehicle and during transport to and from the guest rooms.
(h) the extent of service provider’s indemnification liability shall be maximum tenfold of the daily rack rate as per as the contract.
17. Illness or death of the guest:
(a) in the case the guest during the utilisation of the accommodation services falls ill, and service provider is aware of this illness, service provider shall offer medical help to the guest, under the condition that the costs of the offered and accepted medical support are covered by guest. If the doctor stipulates a contagious disease, the service provider is entitled to refuse the provision of further services to guest. Any additional costs arising due the early departure from the premises shall be covered by guest.
(b) upon the illness or death of guest, service provider shall be entitled to compensation of costs from the dependant or heir of the guest/patient, or deceased with respect to the counter-value of any medical costs, services used prior to the death of guest advanced by service provider, and up to the damage caused to the assets of service provider or its guests in relation to the illness or case of death. Service provider considers the death of guest as a departure prior to the expiration date of the contract, and in this case service provider shall not refund the amount due for the remaining part of the contractual duration to the lawful heir or heirs.
(a) service provider reserves the right to define the scope of pets allowed in the hotel premises after the receipt of the respective feedback of guest on an individual basis.
(b) pets – cats and dogs- entering the hotel premises shall only be kept in the hotel room under continuous supervision of the guest, and they shall use the common areas open for the guests only for accessing their hotel room; pets are not allowed in other premises of the hotel, for example in the catering units, wellness and therapeutic department, etc.
(a) service provider during the delivery of its obligations set forth by the contract shall proceed in accordance with the provisions of the Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information furthermore in accordance with the laws and regulations referring to data protection, - and if the guest made that available to the service provider – in compliance with the internal rules and regulations of the contracting party.
20. Force majeure:
(a) upon occurrence of reasons and circumstances (e.g.: war, fire, flood, extreme weather conditions, power shortcut, strike) which fail to fall under the control of service provider, the guest or the contracting party – force majeure –, any of the parties shall become exempt from the delivery of their obligations arising from the contract, until this reason or circumstance is underway. Contracting parties agree that they shall do their outmost to minimise the chance of the occurrence of such reasons and circumstances and by this to make amends for the damage or delay as soon as possible.
21. Applicable law with respect to the legal relationship of the contracting parties and the pro-ceeding court:
(a) with respect to the legal relationship of the contracting parties the respective stipulations of Act IV of 1959 on the Civil Code of Hungary – hereinafter referred to as Ptk.- shall be applied appropriately.
(b) with respect to any trial procedure related to debated issues arising in relation to the contract the contracting parties stipulate the exclusive authority of the Keszthely Town Court, in absence of the authority of the above the exclusive authority of the Zala County Court.
(a) These General Terms and Conditions shall become effective on 1st January 2013, and they shall annul the GTC effective from 1st January 2008.
Hévíz, 1st December 2012
Hévinvest Spa-Golf Zrt.