toggle menu

 

GENERAL TERMS OF CONTRACT

 

 

The present General Terms of Contract (hereinafter: “GTC”) specifies the rights and obligations of

 

Danubius Szállodaüzemeltető és Szolgáltató Zártkörűen Működő Részvénytársaság [Danubius Hotel Operation and Services Private Company Limited by Shares]

Abbreviated name: Danubius Zrt.

Head office: 1051 Budapest, Szent István tér 11.

Company registration number: 01-10-041120

Tax number: 10219522-2-44

EU tax number: HU10219522

Telephone number: 36-1-889-55-00

E-mail address: gellert.webshop@danubiushotels.com

as service provider (hereinafter: the “Service Provider”)

 

and customers using the electronic commercial services rendered by the Service Provider (hereinafter: the “Customer”).

           

 

Host: ATW Internet Kft. [ATW Internet Ltd] (Head office: 1138 Budapest, Esztergomi út 66. fsz. 1.) Server room address: 1132 Budapest, Victor Hugo u. 18-22.

 

1. General provisions

 

The scope of the present GTC extends to all electronic commercial services that the Service Provider offers through its webshop, found on the website located at www.gellertjegyek.com (hereinafter:  “Website”). The legal framework for the services detailed under the present GTC is regulated by Act V of 2013 on the Civil Code, Act CVIII of 2001 on Certain Aspects of Electronic Commerce and Information Society Services, Act CLV of 1997 on Consumer Protection, and Government Decree 45/2014. (II.26.) on the Detailed Rules Governing Contracts Between Consumers and Companies.

 

Contracts concluded under the present GTC are not regarded as written contracts, are not filed, will not be accessible in the future, and will be deleted pursuant to Section 13/A of Act CVIII of 2001 on Certain Aspects of Electronic Commerce and Information Society Services.

 

The language of this contract shall be English.

 

The reader is informed that we do not employ a Code of Conduct.

 

 

2. Ticket purchase procedure

 

Tickets conferring admission to the Service Provider’s various events (hereinafter: “Services”) may be purchased, among other places, in the form of vouchers via the on-line Internet system operated by the Service Provider (hereinafter “Webshop”). Bookings, agreements, and amendments submitted verbally, along with verbal confirmations of any of these on the part of the Service Provider shall not give rise to any right to require service on the part of the Customer, nor to any obligation to provide service on the part of the Service Provider.

 

Please read carefully our Data Protection Notice, available through the footer at bottom of the site under the heading “Data Protection”. The Notice shall be accessible for the full duration of the ordering process.

 

When making your purchase, please select the type of ticket you wish to buy and the desired date, then indicate the number of tickets to be purchased. To read a precise description of the event, click on the event name, then on “Details”. Then, click on the word “Cart” to make your purchase. If you wish to order more than one type of ticket, click “continue shopping” and repeat the procedure.

 

Clicking “back” will return you to the Webshop menu. The contents of your cart will not be affected.

 

2.1. Purchase price

 

The purchase price is always the amount shown in the space adjacent to or below the selected ticket. The price represents a tax-exempt amount and is thus the final price of purchase.

 

The Service Provider reserves the right to amend the prices of admission tickets available through its Webshop, such that the amended price is effective as of its appearance on the Website. Price amendments do not apply to items previously ordered at the time the amendment takes effect.

 

2.2. Product descriptions

 

Detailed information on available products (admission tickets) can be obtained from the Website by clicking on the name of the product. Please note that the pictures appearing alongside the products are intended as illustrations only and may not fully reflect actual conditions.

 

Should you have any further questions in relation to our admission tickets, please write us at gellert.webshop@danubiushotels.com.

 

2.3. Cart contents and order finalisation

 

The system retains cart contents for a period of 20 minutes from the time the last operation is performed, or until such time as the customer leaves the page. Once payment has been made, however, the cart reappears with its contents empty.

 

Cart contents are displayed in the upper right-hand corner and can be viewed at any time by clicking the word “cart”. When viewing contents, a description of each item to be purchased can be viewed by clicking the item name. Items can be removed from the cart individually by clicking “Remove”. Clicking “Empty Cart” will result in the removal of all cart contents.

 

If desired, the quantity of items to be purchased can be modified while in the cart. To do so, select the desired quantity and click “modify”.

 

Clicking “Pay Now” will take you to an online interface where you can finalise your order and check over the contents of your cart.

 

Once there, you will be required to provide your name and contact information (last name, first name, e-mail address, telephone number), billing information (name, country, postal code, city, street, house number) and the desired means of delivery and payment.

 

Please note that at present, vouchers (admission tickets) may only be purchased in downloadable form and are only payable online, via bank card. As a result, the delivery and payment methods on the order form have been filled out in advance and cannot be modified.

 

Clicking “back” will return you to the Webshop menu. The contents of your cart will not be affected. Items can be deleted by first clicking “Back,” then “View Cart Content” in the manner detailed above.

 

Once the order form has been filled out, the completed form can be reviewed by clicking “Next”. If there are still changes you would like to make, click “Back” to return to the form.

 

When the order has been finalised, we ask that you review both the present GTC, and our Data Protection Notice. By ticking the appropriate boxes at the end of the shopping process, the Customer declares that he/she accepts and regards the present GTC as binding; has understood and accepts our Data Protection Notice; and consents to the handling of his/her data as specified therein.

 

Please note that submitting a ticket order gives rise to a payment obligation! Under no circumstances will tickets be put on reserve without prior payment.

 

 2.4. Payment method

 

Once you have checked over the information you have provided on the order form and the items you wish to purchase, click the “Pay Now” button. You will be directed to the OTP Bank website, where you may remit payment via bank card by providing your card information.

 

Please note that interrupting payment also interrupts the sending of your order. If, however, you have completed payment, you may no longer modify your order using the online interface.

 

Before paying, please check that your order reads precisely as intended. Should you find that you have ordered something you did not intend to purchase, please inform us by e-mail as promptly as possible at gellert.webshop@danubiushotels.com!

 

Following successful payment, your purchased voucher will be sent to the e-mail address provided during the ordering process within the next 30 minutes.

 

2.5. Data input error correction

 

Errors in the information you have entered can be corrected at any time prior to payment in the manner specified at the given phase of the ordering process.

 

If, following payment, you would like to change anything you have entered, please notify us immediately, by e-mail, at gellert.webshop@danubiushotels.com

 

2.6. Confirmation

 

Once your order has been sent, the Service Provider’s system automatically e-mails confirmation that the order has been accepted.

 

This confirmation e-mail includes the name of the selected ticket, the number of tickets ordered, the total amount paid, a link to the site from which the voucher for the purchased service may be downloaded, the Customer’s personal information, and an electronic invoice for the price of the services.

 

If you do not receive e-mail confirmation within 48 (forty-eight) hours of the time your order is sent, please notify us immediately, as the source of the problem is usually a connection error or an error in the e-mail address provided in the course of the ordering process. It is important that in this case you do not repeat the transaction, but promptly contact the Service Provider’s Customer Service Department at +36-1-889-5500, a base rate telephone number, which – after reviewing the data in question – will resend the Ticket to the Customer.

 

2.7. Ticket download

 

Following successful purchase, the Customer may download his/her Ticket(s) and print them out in PDF format using the link found in the confirmation e-mail.

 

Liability for any consequences or damages incurred as the result of loss, theft, faulty printing, copying, or reprinting of customer-printed tickets shall be borne exclusively by the Customer. The Customer shall be obliged to present his/her Ticket(s) in printed form.

 

Admission shall occur on the basis of the principle of first validation. Thus, the admission system will regard as valid the first ticket accepted with the given information. All subsequent attempts to gain admission with the same information shall be regarded as invalid and unsuccessful. All persons presenting invalid tickets will be denied admission regardless of whether their personal information corresponds to that of the Ticket purchaser. The Service Provider cannot be obliged to pay compensation to parties denied entry for this reason.

 

The Service Provider shall bear no liability of any kind for problems or errors traceable to the provision of erroneous and/or inaccurate ordering information on the part of the Customer.

 

Please note that authorisation for use of the service cannot be transferred to third parties without the prior approval of the Service Provider, nor can the purchased voucher be made commercially available; in the event of the violation of this condition, the Service Provider will invalidate the commercially traded voucher.

 

3. Using the service associated with a purchased Ticket

 

Following Ticket purchase, the service in question can be used in accordance with the conditions established via the Webshop.

 

Where not otherwise stated on the Ticket/Voucher, the Ticket shall entitle the bearer to one-time access to the indicated event or service.

 

The Customer may not effect modifications to the validity of any Ticket for the reason that he/she cannot / could not use the Service. If the Customer, having purchased a Ticket, does not in fact use the purchased service – for Tickets pertaining to a specific day, on the day in question; for services requiring prior reservation, at the time for which the reservation was made – then the Customer shall abdicate his/her right to use the service. Services booked but unused for reasons attributable to the Customer are not eligible for a monetary refund.

 

Some Admission Tickets confer the right of access to a limited set of users only (children, pensioners, members of a particular profession, etc.). In such cases, the Service Provider does not verify customer eligibility at the time of purchase. The organiser shall be entitled to verify that the Ticket bearer is eligible to use the special ticket via the reception that accepts it. Entry may be denied until such time as the Ticket bearer can verify his/her eligibility for the service in question. In the event of exclusion on these grounds, the Ticket purchaser or bearer shall not be entitled to compensation.

 

In certain cases, Admission Tickets may entitle the bearer to access only limited areas within a particular event or facility.

 

Events and services are to be attended/used at your own risk. Though facility operators do everything possible to ensure that events are run safely, the Service Provider does not assume any responsibility for the irresponsible behaviour of attendees. Events and services may not be attended/used by individuals found to be drugged or under the influence of any narcotic or mind-altering substance, even where a valid Ticket has been presented.

 

4. Service cancellation

 

In the event of failure on the part of the Service Provider to meet its obligations under this contract due to inability to offer the service ordered, the Service Provider shall be obliged to notify the Customer immediately, or by latest within a period of two workdays, and to refund the Customer for the amount paid immediately, or by latest within a period of 14 (fourteen) days.

 

Partial refunds, should the matter arise for any reason, may only take place following negotiation with the Customer.

 

The Service Provider shall be entitled to refuse service where:

a) the Customer fails to use the facility as intended;

b) the Customer fails to respect the hotel’s safety rules or maintain order, treats staff roughly or inappropriately, is found to be under the influence of alcohol or drugs, or exhibits threatening, offensive, or otherwise inacceptable behaviour;

c) the Customer suffers from an infectious illness.

 

5. Enforcing claims

(Application of Annex 3 of Government Decree 45/2014. (II.26.) on Sample Information on Liability for Defects, Product Liability and Warranty)

 

5.1. Liability for defects

In what cases can liability for product defects be enforced?

In the event of misfeasance on the part of the Service Provider, you may enforce implied warranty claims pursuant to the provisions of the Hungarian Civil Code.

What rights do you have based with regard to a defective product?

You may – at your discretion – enforce the following implied warranty claims:

You may request that the product be repaired or replaced, except where remedy for the chosen claim proves impossible or entails onerous surplus costs on the part of the Service Provider as compared to remedies applied to other claims. If you have not requested repair or replacement or were unable to do so, then you may claim a pro rata reduction in the price paid or – ultimately – request a full refund of the purchase price.

You may shift from one implied warranty right to another, though any costs incurred in doing so will fall to you, except where this act was justified or taken for reasons attributable to the Service Provider.

What is the deadline for enforcing an implied warranty claim?

You shall be obliged to notify the Service Provider of the defect immediately upon discovery, though not later than two months from the time it was first detected. At the same time, please note that in the event you are shopping as a private consumer, you may not enforce any implied warranty rights after two years have passed from the date the contract was performed, and in the event you are shopping as a company, after one year from the date the contract was performed.

Vis-a-vis whom are implied warranty claims enforced?

Implied warranty claims are enforced vis-a-vis the Service Provider.

What other conditions apply to the enforcement of implied warranty claims?

Within a period of six months of product delivery, no conditions, beyond communication of the defect, shall apply to the enforcement of implied warranty claims, as long as you have demonstrated that the Service Provider did, in fact, deliver the product. Once six months have passed since the time of delivery, the burden of proof as to the existence of the defect at the time of product delivery shall fall to you.

 

5.2. Consumers’ 14-day right of withdrawal

 

Consumer: a natural person acting for purposes falling outside his/her trade, business or profession, who purchases goods, orders, receives, uses, or takes advantage of services or to whom commercial communication and/or offers related to such goods are addressed.

 

You are entitled to withdraw from this contract, without explanation, within a period of 14 days calculated from the time you received your voucher, i.e. opened the e-mail with which it was sent. You will be exercising your right of withdrawal within the allowed period provided that you send your declaration of withdrawal prior to the expiration of the above-specified deadline.

 

If you should wish to exercise your right of withdrawal, you must do so by sending a clear declaration of your intention (by post or electronic mail) to the following address:

 

Danubius Zrt. Danubius Hotel Gellért

address: 1114 Budapest, Szent Gellért tér 2.

E-mail: gellert.webshop@danubiushotels.com

 

The following sample declaration of withdrawal may, if you wish, be used for this purpose.

 

 5.2.1. Sample declaration of withdrawal (complete and return only if you intend to withdraw from this contract)

 

Addressee:

Danubius Zrt. Danubius Hotel Gellért

address: 1114 Budapest, Szent Gellért tér 2.

E-mail: gellert.webshop@danubiushotels.com

 

I/we, the undersigned, hereby declare that I/we am/are exercising my/our right to withdraw from the contract under which I/we have ordered the following Service:

(Here, please indicate the service / purchased product to which the contract relates)

 

Date of contract:

 

Name of consumer(s):

 

Address of consumer(s):

 

Signature(s): (only applicable to declarations submitted on paper)

Time and Place:

 

5.2.2. Legal effects of withdrawal

 

If you withdraw from this contract, we will return the entire amount paid immediately, or by latest within 14 days of the date of receipt of your declaration of withdrawal. In providing your refund, we use the method of payment you employed in conducting the original transaction, except where your express consent to the use of some other method is provided; you will bear responsibility for no surplus costs of any kind as a result of the application of this form of payment.

 

Once the 14 day time limit has passed, you may still exercise your right of withdrawal – in the event of Services not yet or not yet fully rendered – where the Service Provider has committed a breach of contract as a result of which it is no longer in your interest that it be upheld. In this case, your grounds for withdrawal must be provided in a statement sent by e-mail to gellert.webshop@danubiushotels.com or by post to DANUBIUS Zrt. Danubius Hotel Gellért 1114 Budapest, Szent Gellért tér 2.

 

5.2.3. You will not be entitled to withdrawal within the 14-day period in the following cases:

 

The Customer acknowledges that his/her right of withdrawal will be forfeit once the service has been rendered in full, given that the Service Provider initiated delivery within 14 days of purchase with the express, prior consent of the Customer.

 

Please note that in the event you consent to our initiating service within 14 days of the conclusion of this contract, your right to withdrawal will be forfeit once the service has been rendered in full.

 

6. Arbitration Board

 

You may, if you wish, request the services of an arbitration board. The competency of the arbitration board extends to the out-of-court settlement of disputes between consumer and Service Provider relating to product quality, product safety, the application of product liability rules, service quality, and the conclusion and performance of contracts; to the attempt to reach an agreement to such ends; and, where this should prove impossible, to make decisions aimed at ensuring that consumer rights are enforced simply, quickly, effectively, and at a reasonable cost. The arbitration board may also, at the request of the consumer or Service Provider, offer advice in relation to consumer rights and obligations.

 

Arbitration procedures should be addressed to the arbitration board presiding over the consumer’s place of residence or domicile. In the absence of domestic residence or domicile on the part of the consumer, the competence of the arbitration board shall be established based on the head office address of the Service Provider. In his/her petition, however, the consumer may specify a different arbitration board, in which case competence shall fall to the body indicated by the consumer.

 

For more information on arbitration board procedures, see Act CLV of 1997 on Consumer Protection or the arbitration board website.

 

The arbitration board exercising competence over the head office of the Service Provider is:

 

Budapesti Békéltető Testület [Arbitration Board of Budapest]

website: bekeltet.hu

Head office: 1016 Budapest, Krisztina krt. 99. III. em. 310.

Postal address: 1253 Budapest, Pf.: 10.

E-mail address: bekelteto.testulet@bkik.hu

Fax: 06 (1) 488 21 86

Telephone: 06 (1) 488 21 31

 

For transborder consumer disputes, arbitration procedures fall under the exclusive competence of the arbitration board operated by the Budapest Chamber of Commerce and Industry.

 

A consumer is defined as a natural person acting for purposes falling outside his/her independent occupation or business, who purchases goods; orders, receives, uses, or takes advantage of services; or to whom commercial communication and/or offers related to such goods are addressed.

 

In applying the rules pertaining to an arbitration board, a consumer is additionally defined as a civil organisation, ecclesiastical legal entity, condominium, residential co-operative, or micro-, small, or medium-sized business, as defined by relevant law, acting for purposes falling outside its independent occupation or business, which purchases goods; orders, receives, uses, or takes advantage of services; or to whom commercial communication and/or offers related to such goods are addressed.

 

7. Complaints

 

Any complaints you may have related to the sale by the Service Provider of the subject matter of the present GTC, or to the comportment, activity, or failings of the Service Provider in relation to the service rendered may be addressed, either verbally, or in writing, to the Service Provider by any of the following means:

 

in writing:

 

A response will be sent by latest within 30 days of receipt.

 

verbally:

  • The Service Provider’s customer service department is available workdays between the hours of 10:00 a.m. and 4:00 p.m. at +36-1-899-5500
  • The Customer may also lodge complaints regarding the rendering of the service by the Service Provider at the place where the service is rendered.

 

If you do not agree with the manner in which your complaint has been handled or no immediate investigation into the situation is possible, the Service Provider shall be obliged to make an immediate, formal record of both your complaint, and its own position in the matter.

 

We do everything we can to remedy complaints immediately, as they are reported, so do not hesitate to seek our assistance!

 

8. Service Provider liability

 

The Service Provider shall assume liability for all damages demonstrably incurred by the Customer in the course of, and/or before or after using the service, within the facilities located at the site where the service was rendered, for reasons attributable to the Service Provider or its employees.

 

Service Provider liability shall not extend to unavoidable incidents occurring for reasons beyond the control of the Service Provider, its employees, and its Customers or for reasons attributable to the Customer him/herself.

 

The Service Provider may designate locations within the hotel to which the Customer is not given access. The Service Provider does not assume liability for any damage or injury incurred in such locations.

 

The Customer shall be required to report damages immediately, at the site where they were incurred, and to provide the Service Provider with all information necessary to clarify the circumstances surrounding the incident and, if necessary, to complete the associated police report / procedure.

 

The Service Provider shall be responsible for valuables, securities, and cash only where such items have been expressly received for safekeeping or where damage was incurred for reasons for which general rules hold the Service Provider liable. In such cases, the burden of proof shall fall to the Customer.

 

9. Other forms of recourse

 

In the event a given dispute between the Service Provider and the Customer cannot be settled by amicable means, the Customer shall have the following forms of recourse available in addition to those established under provisions 6 and 7:

 

Lodging of complaints with the district consumer protection authority: consumers may address their complaints to the district office exercising competence in their area. For contact details, see: jarasinfo.gov.hu. For further information, see the consumer protection website: fogyasztovedelem.kormany.hu.

 

Consumers may also initiate formal judicial proceedings.

 

9. Data protection

 

The Service Provider handles all personal data in accordance with its published Data Protection Notice, available here.

 

10. Other provisions

 

The Service Provider shall be entitled to amend the GTC, unilaterally, at any time. Such amendments shall enter into effect at the time they appear on the Service Provider’s Website, in which case Customers are notified in a pop-up window at the time of site access.

 

The Service Provider shall be entitled to suspend the Service, without prior information or notice, whether in part or in whole, in the interest of website maintenance or other security considerations.

 

Ordering through the Service Provider’s Website presumes, on the part of the Customer, both knowledge of the technical limitations of the Internet, and acceptance of the potential errors associated with the technology. We recommend that you use software that protects against viruses and spyware using an up-to-date database and always install the latest operating system security updates. The Service Provider cannot be held responsible or pay damages for incidents related to the above.

 

Last updated: _____ August 2018