- Nase Ponuky
Valid from 30 January 2019
I . Preamble
These General Terms and Conditions (hereinafter referred to as “GTC”) set out the terms and conditions governing the ordering of services available at the www.hotelpalota.hu website (hereinafter referred to as “Website”) by the user (hereinafter referred to as “User”/ “Buyer”/“Client”). Any technical information that is required for the use of the Website and is not included in these GTC is provided in other documents and texts available on the Website.
The legislative framework of ordering/booking via the Website is laid down by Act V of 2013 on the Civil Code; Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services; as well as Government Decree No. 45/2014 (II.26.) on the Detailed Rules Governing Contracts Between Consumers and Companies.
By using the Website and/or ordering a service, User acknowledges and accepts the provisions of these GTC.
II. Service Provider
The scope of these General Terms and Conditions cover the services provided by the hotel owned and operated by Hotel Palota Lillafüred Szállodaipari Kft.(registered office: Erzsébet sétány 1, 3517 Miskolc Hungary; company registration number: 05-09-030476; taxpayer identification number: 11893231-2-05; hereinafter referred to as „Hotel Palota Lillafüred Kft.”).
III. Activity Indicated on the Website
The services indicated on the Website are sold by means of distance contracts, which are concluded by the contracting parties for the services covered by the contract without the simultaneous physical presence of the contracting parties, using only a means of distance communication, namely the Internet. Users can browse the Website by using the main and sub-menu items.
The purpose of the Website is to enable the Service Provider to present the services of the hotel, and to provide an interface where Guests can contact the Service Provider, request a price quote, book accommodation, and subscribe to the newsletter.
Booking through the Website is not subject to registration, but it is necessary for Users to provide personal data during the booking process.
Ordering or booking through the Website assumes that Users are aware of the technical limitations of the Internet and that they have accepted the risk of errors associated with this technology. The security level of our Website is adequate and its use does not involve a risk; however, taking the following precautions is recommended: use anti-virus and spyware protection software with an up- to-date database, and install all security updates available for your operating system. Users may only use the Website at their own risk and agree that the Service Provider does not assume liability for any material or special damage suffered by a User during the use of the Website, besides liability for any breach of contract resulting in an injury to life, physical integrity or health.
The Service Provider excludes all liability for the conduct of the Users of its Website; Users shall be fully and exclusively liable for their own conduct. Users shall make sure not to violate the rights of third parties or the law, whether directly or indirectly, during the use of the Website. Service Provider shall be entitled, but not obliged, to check the content (for example, messaging) that may be made available by the Users during the use of the Website, and Service Provider shall be entitled, but not obliged, to search for indicia of illegal activities in the content published, but it assumes no liability for such activities. As regards the foregoing, Service Provider only provides an interface and a possibility of online presence.
The entire content of the Website (texts, pictures, graphic elements, etc.) is protected by copyright. All or part of the content displayed on this Website may be used for purposes other than personal use and to a different degree than personal use only with the prior written consent of the Service Provider. It is forbidden to use, print, reproduce, disclose to the public, distribute, store, transfer or otherwise use such content for any publicity or commercial purposes without permission. The above limitation shall not apply to content that is made available by the Service Provider in a format suitable for printing (pdf).
3. Contract Conclusion
Distance contracts can be concluded in the Hungarian, English or German language. The placement of an order via the Website is considered to be a “contract concluded by electronic means”, which shall be governed, mutatis mutandis, by the provisions of Hungarian Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services. Where a contract is concluded between a consumer (meaning a natural person acting for purposes which are outside his trade, business or profession) and a business, it falls within the scope of Government Decree No. 45/2014 (II.26.) on the Detailed Provisions of Contracts Concluded between Consumers and Companies, and shall be compliant with the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights. Contracts are deemed to be concluded upon receipt of the relevant confirmation. The minimum duration of a consumer’s obligations as well as the term of the contract coincide with the termination of the contractual relationship, i.e. with the contractual performance or conclusion of the legal remedy procedure. A consumer’s failure to make an express statement shall not be deemed as an (implied) acceptance of the Service Provider’s offer. Contracts concluded through the Website shall not be deemed as written contracts, and therefore will not be registered by the Service Provider, nor will they be accessible subsequently. The data processed shall be erased in accordance with Section 13/A, Subsection (7) of Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Service.
4. Correcting Data Entry Errors
It is possible to correct data entry errors at any time before an Order/Booking is finalised. Where it becomes necessary to modify any details after the order has been placed, this is possible by sending an e-mail to email@example.com, within 24 hours after the receipt of the confirmation.
V. Information Concerning the Ordering of the Services
1) Details of the hotel:
Hunguest Hotel Palota – Erzsébet sétány 1, 3517 Miskolc-Lillafüred, Hungary
a) ordering services:
Orders must always be placed in writing and sent to the appropriate hotel (by post, e-mail, through the hotel’s website, etc.). The contact details of the hotel can be found in HUNGUEST Hotels Zrt’s publications, in the own brochures and on the website of the hotel available at www.hotelpalota.hu (hereinafter referred to as the “Website”), as well as on the www.hunguesthotels.com website. Orders must contain the Guest’s name and home address, the exact date and time of arrival and departure, the room type, the number and age of children arriving with the adult(s), and the exact denomination of the required services (meals, programs). Where the given hotel has different types of rooms and/or several buildings, at the time of placing the order, the hotel must be informed in an unambiguous manner about the exact building as well as the exact category and type of room covered by the Guest’s order.
The hotel shall confirm all orders in writing (via e-mail).
In all cases, hotel rooms can only be ordered together with the services included in the “HUNGUEST Hotels Basic Package”. Prices, offers and package deals published by the members of the HUNGUEST Hotels chain shall always include the services included in the “HUNGUEST Hotels Basic Package”.
The services provided by the members of the HUNGUEST Hotels chain as part of the “HUNGUEST Hotels Basic Package”, the content of which is defined by Hotel Palota Lillafüred Kft., are specified in Annex I to these General Terms and Conditions.
The availability of the room booked is guaranteed by Hotel Palota Lillafüred Kft. only in case of arrival by 18.00. In case of arrival after 18.00, the availability of the room booked is guaranteed by Hotel Palota Lillafüred Kft. only if the counterparty has provided their debit or credit card details as a payment guarantee.
b) intermediated services:
The current list of intermediated services that may be used at the hotel and are included in the hotel’s Basic Package is available on the Website and on the website of Hunguest Hotels. The list of “intermediated services” currently in force is published only at the above-specified web addresses.
c) validity of offers:
Promotional or discount offers – with the exception of Daily Room Rates – are available to Guests only with a limited room capacity.
d) cancelling services:
Guests commit to inform Hotel Palota Lillafüred Kft. or the particular hotel in writing of any cancellation, modification or any other change of the services ordered by them before the commencement of the service. Individual orders may be cancelled penalty-free, unless otherwise specified in the individual agreement concluded with the Guest, three days before arrival. If a Guest does not show up or fails to cancel their order by the appropriate deadline, the penalty shall be 70% of the price of the service ordered, but at least one day’s room rate as specified in the order. For group orders, the terms and conditions for cancellation will be set out in a separate agreement.
Guests can check-in from 14:00 on the day of arrival and must check-out by 10:00 on the day of departure.
3) Payment Terms
The price of the services ordered can be settled by prepayment or on the spot in cash, by credit or debit card, by a card issued in the framework of the HUNGUEST Hotels Loyalty Program, and by Széchenyi Recreation Card (hereinafter as “SZÉP card”) in accordance with the legislation in force.
Cards issued in the framework the HUNGUEST Hotels Loyalty Program (so-called Gift and Experience Cards) as well as vouchers issued by the hotel (so-called Value Voucher and vouchers for two or three nights) are considered as multi-purpose vouchers under the Hungarian VAT Act currently in force. Upon buying these payment instruments, the buyer of the vouchers does not pay VAT, but VAT is charged when the vouchers are redeemed upon the use of the service.
Hotel Palota Lillafüred Kft. (hereinafter referred to as “Hotel”) reserves the right to request a payment guarantee before a particular hotel service is used by a Guest, but at the latest upon arrival of the Guest to the hotel. Payment guarantees include pre-authorisation – i.e. holding a certain amount on a Guest’s credit or debit card between booking and arrival –, online payment via the Big Fish PayLink platform, or payment of the service ordered on the spot upon arrival in cash or by other payment instrument accepted by the Hotel, or by transferring the price of the service ordered to the Hotel’s bank account before commencement of the service. In case of payment by SZÉP card, in order to ensure legitimate use of the card, the Hotel may request that the services ordered be paid in advance and that the Guest present proof of identity (identity card, driving license or passport). Services can be used only after having provided proof of identity. Where identification fails for a reason beyond the control of the Hotel, it may refuse to accept payment by SZÉP card.
In the case of payment by wire transfer, unless otherwise agreed with the Hotel or the booking agent, Guests must transfer the price of the services ordered to the bank account of the Hotel before arrival.
In the case of online payment, the price of the order/booking can be paid by one of the methods indicated below. Payment of the order value becomes due when the order is confirmed by the Hotel.
Online payment by debit or credit card: OTP SimplePay
Accepted debit and credit cards: Maestro, MasterCard, Visa, Visa Electron
Online payment by SZÉP Card: SZÉP Cards issued by OTP Bank, MKB Bank and K&H Bank
Detailed information about the vouchers accepted by Hotel Palota Lillafüred Kft. is available on the hotel’s Website: https://hotelpalota.hu/ajanlataink/palota-ajandekutalvany.
The prices issued by Hotel Palota Lillafüred Kft. always include the statutory VAT applicable at the time of booking, but exclude tourist tax, which is to be paid at the place where the service is rendered, except for price quotes for which Hotel Palota Lillafüred Kft. expressly indicates that “The prices shown include tourist tax”.
In addition, prices exclude the cost of travelling to or from the Hotel and tourist assistance activities. Under Section 6 of Joint Decree No. 4/2009 (I.30) of the Ministry for National Development and Economy (NFGM) and the Ministry for Social and Labour Affairs (SZMM), prices are indicated at the place where the services are rendered in accordance with the law. Before the commencement of a particular service, Guests may also request appropriate information about the service at the Hotel’s reception.
Hotel Palota Lillafüred Kft. reserves the right to change its prices. Current prices to be charged will be communicated by the Hotel in the order confirmation. For information about the current price list of the Hotel, please visit the Website operated by Hotel Palota Lillafüred Kft. (www.hotelpalota.hu) or the website of HUNGUEST Hotels Zrt. (www.hunguesthotels.com). When booking online, the price to be charged for the current booking is included in the link received when requesting a quote. Hotel Palota Lillafüred Kft. uses dynamic pricing for online bookings.
Service Provider and Guest agree that the day when the last service is actually used by the Guest shall be regarded as the date of performance (for the purposes of Section 58(1) of the VAT Act).
5.) Custom Services
a) discounts for families with children:
Discounts apply only to children travelling with their parents, and not to student groups.
b) full board:
Full board starts with dinner on the day of arrival and ends with breakfast or lunch on the day of departure, depending on the hotel, subject to prior arrangement with the hotel and depending on the offer published by the hotel.
The Hotel provides information about its current program offering and the relevant prices when the accommodation is booked or during the Guests’ stay. Some programs of Hotel Palota Lillafüred Kft. are organised only if a certain minimum number of participants is reached. Guests should consult the particular hotel concerning the programs available at the time of booking. Programs are published in the Hotel’s publications, on the Hotel’s Website and on the www.hunguesthotels.com website.
Guests should note that the Hotel’s car parking area is unguarded.
VI. Concerning the information to be provided before contract conclusion in the case of distance contracts, as provided for in Section 11 of Government Decree 45/2014. (II.26.) on the Detailed Rules Governing Contracts Between Consumers and Companies:
The main characteristics of the Hotel’s services are described on the Website according to Section V.2 of the GTC.
The name and additional details of the company are provided in Section II of the GTC.
In accordance with Section V.4 of the GTC, the full consideration payable for a service under the contract, including taxes, is specified on the Website and in the GTC.
Service Provider does not conclude contracts for an indefinite term. The full consideration includes all costs for the invoicing period.
Under the individual subscriber or other agreement concluded with the Customer, the network service provider may charge a fee for the Internet, mobile or other electronic connection of the device used for conclusion of the distance contract, or possibly as a consideration for any special means of payment (e.g. mobile payment). Service Provider itself does not provide any premium rate services.
The conditions of performance are set out in Sections III to V of the GTC.
Information on the deadlines and other conditions for exercising the right of withdrawal (Section VII of the GTC) and the right of termination to which Consumers are entitled, as well as costs to be incurred by Consumers due to the exercise of the right of withdrawal or termination are set out in Section V.2, item d) and Section VII.2 of the GTC.
Service Provider operates a Customer Service from 9:00 to 17:00 on every working day, which can be contacted by dialling the number or sending an e-mail to the address specified in Section II of the GTC.
Service Provider has not signed the Code of Conduct set out in Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers, nor has it subjected itself to such Code of Conduct. Consumer and Service Provider enter into a contract for a definite term, which will expire upon performance by both parties. The contract will not be transformed into a contract for indefinite term. User does not require a deposit or any other financial security.
Handling of digital data content and applicable technical protection measures: Seller has taken the necessary security measures with regard to the server hosting the Website. In order to protect Consumers’ data, Seller shall review such protection measures periodically.
Interoperability of digital data content with hardware and software: The operated software is compatible with all standard desktop browsers.
The rules governing complaint handling and the dispute settlement mechanism as well as information on the conciliation panel are contained in Section VIII of these GTC.
Service Provider hereby informs Consumer that, in cases where the start date of the period covered by the booking falls on a date preceding the expiry of the 14-day time limit available for withdrawal, Service Provider undertakes to provide the service(s) concerned only if Consumer expressly states that the Service Provider should commence provision of the service(s) concerned before the expiry of the 14-day time limit available for withdrawal.
VII. Information to be provided before contract conclusion about the rules of withdrawal in the case of distance contracts, as provided for in Government Decree 45/2014. (II.26.) on the Detailed Rules Governing Contracts Between Consumers and Companies:
1. Procedure for Exercising the Right of Withdrawal
The provisions of Chapter VI shall apply only to a natural person acting for purposes which are outside his trade, business or profession (hereinafter referred to as “Consumer”) who purchases, orders, receives, obtains or uses goods, or is the recipient of commercial communication or offers related to the goods. Consumers may withdraw from or modify the service booked by them, without justification, within 14 days from the booking date. They may exercise this right of withdrawal by filling out and sending to the Hotel the withdrawal form attached to these GTC. If a Consumer wishes to exercise their right of withdrawal, they must provide a clear declaration of their intention to withdraw (for example, by post or by electronic mail) to the Service Provider using the contact details specified in Section II to these GTC.
To this end, Consumers may use the “Withdrawal Form” attached to these GTC. Consumers shall be deemed to have exercised their right of withdrawal within the time limit if they have sent their declaration of withdrawal to the Service Provider within 14 days of the booking date. It is the Consumer’s responsibility to prove that they have exercised their right of withdrawal in accordance with these provisions. In both cases, Service Provider shall immediately confirm, by e-mail, the receipt of the Consumer’s declaration of withdrawal. A written withdrawal shall be deemed to have been made within the time limit, where the Consumer sends it to the Service Provider within 14 days of the of booking date. For withdrawal forms sent by post, Service Provider shall take into account the mailing date, while for those sent by e-mail, the date and the time when the e-mail was sent, when considering whether or not a withdrawal was made within the time limit. The Consumer shall mail the withdrawal form by registered mail with acknowledgement of receipt to have sufficient evidence of the mailing date. The cost associated with returning the withdrawal form to the Service Provider shall be borne by the Consumer. Service Provider cannot take receipt of letters not sent by registered mail with acknowledgement of receipt. Besides the cost of returning the withdrawal form, the Consumer may not incur any other costs in connection with the withdrawal. If the Consumer withdraws from the contract, the Service Provider shall refund the price of the service(s) booked and paid by the Consumer immediately, but no later than within 5 working days of the receipt of the Consumer’s declaration of withdrawal. When making this refund, Service Provider shall use the same payment method as the one used in the original transaction, unless the Consumer expressly requests a different payment method; due to the use of that specific refund method, the Consumer may not be charged any additional costs.
2. In which cases do Consumers lose their right of withdrawal?
In the case of service contracts, after performance of the service as a whole, where the Service Provider has commenced performance of the service with the explicit and prior consent of the Consumer, and the Consumer acknowledged that they would lose their right of withdrawal/termination once the service has been performed as a whole. Consumers may not exercise their right of withdrawal with regard to accommodation contracts, if a specific performance date or deadline was determined in the contract, i.e. the booking covered a specific date or period of time.
3. Warranty, Guarantee and Product Liability
Users should note that the services covered by these General Terms and Conditions do not comprise the sale of movable property, and therefore no guarantee or warranty claims may be lodged in connection with the said services.
Users should note that the services covered by these General Terms and Conditions are not subject to product liability laws, and therefore no product liability claims may be lodged in connection with the said services.
In the event of defective performance by Service Provider, Users may lodge an “implied warranty of fitness for a particular purpose” (in Hungarian: kellékszavatosság) claim against the Service Provider in accordance with the provisions of Act V of 2013 on the Civil Code.
In the case of consumer contracts, Users who are regarded to be Consumers may enforce such implied warranty of fitness claims for a period of 2 years from the date of performance. In the case of contracts not concluded with consumers, Users may enforce such implied warranty of fitness claims within a 1-year limitation period from the date of receipt.
Users may, “at their own discretion”, make the following implied warranty of fitness claims: They may request a repair or replacement, unless the fulfilment of the Customer’s claim is impossible or would result in disproportionate extra costs for the Company compared to the fulfilment of other claims. If a User did or could not request a repair or replacement, the User may request a proportionate reduction of the consideration payable, or the User may repair the defect, or have it repaired by a third party, at the expense of the Company, or – “as a last resort” – terminate the contract.
Users may also switch from their chosen right of implied warranty of fitness to another right; however, Users shall bear the cost of such a switch, unless it was justified or the Company has given a reason thereto.
Users are obliged to communicate any defect immediately after its discovery, but no later than within two (2) months from the discovery thereof.
Users may enforce their claim related to implied warranty of fitness directly against the Service Provider.
Where a defect is discovered within six months of the performance, it shall be presumed that the defect existed at the time of performance, unless that presumption is incompatible with the nature of the defect or of the product/service. The Service Provider shall be exempt from the warranty obligation only if rebuts this presumption, i.e. it provides evidence that the defect of the product/service arose after its delivery to the User. Based on the foregoing, the Service Provider is not obliged to accept a User’s complaint, where it can prove that the defect was due to improper use of the product. However, after six months of the performance, the burden of proof is reversed, i.e. in the event of a dispute, the User must prove that the defect existed at the time of performance.
Users may enforce any warranty claims using the following contact details:
VIII. Withdrawal by the Service Provider
The Service Provider may withdraw from the contract within 48 hours of the time of the Consumer’s booking and, in this case, it shall inform the Consumer thereof in writing.
If the Service Provider did not withdraw from contract within 48 hours of the time of the Consumer’s booking, but upon Consumer’s arrival to the premises, Service Provider is unable to provide the requested service(s) to the Consumer at the time and in the quantity ordered by the Consumer, it shall provide the Consumer with the following options:
IX. Complaints and Complaint Handling
Guests should report any complaints associated with the services rendered by the Hotel at the Reception before their departure, or in writing to the manager on duty. The Hotel must investigate any complaint, and give a substantial response within three days.
Guests may submit a consumer complaint related to the Service Provider’s activities using the following contact details:
Wherever possible, Service Provider shall immediately remedy oral complaints. Where it is not possible to remedy an oral complaint immediately, either due to the nature of the complaint or if the Consumer disagrees with the handling of the complaint, the Service Provider shall draw up a report of the complaint and retain it for a period of 5 years, together the Service Provider’s substantive response to the complaint. The Service Provider is obliged to hand over to the Consumer a copy of the report drawn up of their oral complaint made on the spot or, where this is not possible, it shall act in compliance with the rules of complaint handling as described below.In case of oral complaints made on the phone or using other means of electronic communication, Service Provider shall send a copy of the report to the User at the latest together with its substantive response.
In all other cases, the Service Provider shall act in accordance with the rules governing the handling of written complaints.
The Service Provider shall assign a unique identifier to each complaint recorded over the phone or by other means of communication, which will later simplify retrieval of the complaint.
If a complaint is rejected, the Service Provider shall inform the User about the grounds for refusal and any other available remedies.
In the event that the consumer dispute between the Service Provider and a User cannot be settled through amicable negotiations, the following remedies are available to the User:
X. Commercial Practices
Service Provider conducts commercial practices compliant with Act XLVII of 2008, during which it acts with due care in accordance with the principles of good faith and integrity, demonstrating the reasonably expected level of expertise. The Service Provider does not have a separate Code of Conduct.
XII. Technical Limitations
Order placement through the Website presumes that the User is aware of and accepts the possibilities and limitations of the Internet, in particular, its technical performance and errors that may occur. Service Provider shall not be liable if a malfunction of the Internet network hinders the functioning of, and ordering through, the Website.
XIII. Compensation for Damages
The Hotel shall be liable for any damages caused by it in accordance with applicable legislation. Where a Guest fails to make a complaint on the spot, they shall not be entitled to lodge any claim for compensation subsequently.
The Guest declares to have read and acknowledged the content of these the General Terms and Conditions.
Budapest, 30 January 2019