General contractual conditions
DETAILS OF THE SERVICE PROVIDER
Cseh András (individual entrepreneur)
Registered office.
Tax number: 72693487-2-30
Represented by: Cseh András
The place of the Service is the Patria Guesthouse (hereinafter referred to as the “Accommodation”):
Address: 3300 Eger, Szúnyog-köz 3.
Phone: +36 36 411-711
Email: info@patriapanzio.hu
Website: www.patriapanzio.hu
GENERAL RULES
2.1 These “General Terms and Conditions” (hereinafter referred to as “GTC”) contain the general rules for the use of the accommodation operated by the Service Provider.
2.2 The specific, individual conditions for the provision of the service are not part of these GTC, and if the individual conditions communicated by the Service Provider – in particular the conditions for individual orders, and events – differ from the provisions of these GTC, the individual conditions shall govern the legal relationship between the Parties. Furthermore, the present GTC shall not preclude the conclusion of separate agreements with travel agents, organizers, or other third parties, with different conditions according to the type of business.
CONTRACTING PARTY, GUEST
3.1.
3.2 If the order (reservation) for the use of the Accommodation is placed directly by the Guest with the Service Provider, the Guest is the Contracting Party. The Service Provider and the Guest shall jointly become contractual parties (hereinafter referred to as the Parties), provided that the conditions are fulfilled.
3.3 If the order (reservation) for the Services of the Service Provider is communicated to the Service Provider by any third party on behalf of the Guest, or if the Service Provider’s Services used by the Guest are paid to the Service Provider by any third party, the Service Provider shall not be obliged to verify whether the third party legally represents the Guest. In this case, where the term “Contracting Party” is used in these GTC, it shall be understood to mean the third party placing the order or paying the consideration.
3.4 Because these GTCs contain certain rules of the Accommodation’s house rules (hereinafter referred to as “House Rules”) and the Guest’s rights and obligations in connection with his stay at the Accommodation, these GTCs shall also apply to the Guest, and the third party acting on behalf of the Guest shall be responsible for ensuring that he is informed of and accepts these GTC in the case referred to in clause 3.3.
CONCLUSION OF THE CONTRACT, METHOD OF BOOKING, MODIFICATION, NOTIFICATION
4.1. The Contracting Party’s obligation to make an offer shall commence with the communication of the booking intention. The Service Provider shall send the Contracting Party confirmation by e-mail within a short period, but not later than 48 hours, by which the contract for the use of the Accommodation is concluded between the Parties. If no confirmation of acceptance of the offer is received from the Service Provider within 48 hours of the offer being sent, the Contracting Party’s obligation to make an offer shall cease, unless the Contracting Party confirms its intention to enter into a contract in respect of the delayed confirmation.
4.2 The contract shall be deemed to have been concluded upon written confirmation of the Contracting Party’s reservation by the Service Provider via the online reservation system or online accommodation booking platform, which shall be deemed to be a contract concluded in writing, given that it has a fixed content that can be retrieved by the Parties at any time. A reservation, agreement, modification or oral confirmation of a reservation, agreement or modification made orally by the Service Provider shall not constitute a valid contract between the Parties. During the period of validity of these GTC, the contract of the Parties may be amended by mutual agreement by e-mail.
4.3 The contract for the use of the accommodation service is for a fixed term.
4.3.1 If the Guest permanently leaves the Accommodation before the expiry of the fixed period, the Service Provider shall be entitled to the full price of the service provided for in the contract. The Service Provider is entitled to resell the room vacated before the expiry date.
4.3.2. In such a case, the Service Provider may make his consent to the extension of the use of the service subject to prior reimbursement of the service already provided.
4.4 Any modification and/or amendment of the contract between the Parties shall require a written agreement signed by the Parties, including by e-mail.
5.
5.1. The detailed gross room rates of the Accommodation shall be indicated in the Rates section of the Accommodation’s website: patriapanzio.hu/rates
5.2 The Service Provider is free to change the advertised prices without prior notice.
5.3 The indicated prices include all taxes required by the legislation in force. 5.5.1 The Service Provider shall pass on to the Contracting Party, with prior notice, any additional charges due to changes in the applicable tax legislation (VAT, IFA).
METHOD AND DEADLINE OF PAYMENT
6.1 The Contracting Party shall pay the price of the Service on the spot by credit card or in cash. The payment by credit card shall be made through a system operated by a payment service provider independent of the Service Provider and contracted with the Service Provider. The Service Provider shall not process the credit card data of the Contracting Party.
The Contracting Party may settle the price of the Service in HUF.
6.5 The Contracting Party shall pay to the Service Provider the tourist tax indicated by the Service Provider in the confirmation of the offer by the deadline indicated in clause 6.4. In the event of cancellation of the reservation, the Service Provider shall reimburse the tourist tax paid by the Contracting Party.
CANCELLATION CONDITIONS
7.1 Cancellation of the reservation must be made in writing.
7.2 Unless the Service Provider has specified other conditions in his offer, the cancellation and amendment conditions are as follows:
- The Contracting Party may cancel the reservation without penalty up to 30 days before the date of arrival. In this case, the amount paid will be fully refunded.
8.
8.1. The Contracting Party and the Guest acknowledge that the Guest is obliged to present his/her identity document to the Service Provider upon taking over the Accommodation.
8.2 If the Guest fails to leave the Accommodation by 10:00 a.m. on the last day of the stay, the Service Provider shall be entitled to charge the Guest an additional 1 (one) day’s fee, which the Guest shall pay immediately as a penalty for breach of contract. The Service Provider may unilaterally decide to waive the penalty provided for in this clause, in whole or in part, because the basic purpose of the above penalty is to compensate the Service Provider for the delay in the Guest’s departure from the Accommodation after the delay in the Guest’s departure from the Accommodation, if the Guest is unable to leave the Accommodation within the time specified above.
8.3 By accepting these Terms and Conditions, the Guest also accepts the Service Provider’s Rules of Accommodation, which are attached to these Terms and Conditions as Annex 1.
9.
9.1 The Service Provider’s Accommodation shall be open to pets upon prior agreement and for an extra fee (exception: guide dogs upon prior agreement). The current amount of the fee shall be indicated on the Accommodation’s website under the “Prices” menu.
9.2 The Guest and the Contracting Party are fully and jointly and severally liable for any damage caused by the pet.
10.
10.1 The Service Provider shall be entitled to terminate the contract for the provision of accommodation services with immediate effect, and thus to refuse to provide the services, if:
- a) the Guest does not make proper use of the Accommodation provided; or
(b) the Guest repeatedly or seriously violates the rules of the accommodation or behaves in a manner that is prejudicial, threatening or endangering to the safety of the accommodation or of guests or staff, or behaves disrespectfully or rudely with the staff or guests of the accommodation, or is under the influence of alcohol or drugs or other unacceptable behavior; or
- c) the Guest suffers from a communicable disease; or
(d) the Contracting Party fails to fulfill its obligation to pay the advance payment provided for in the contract by the date specified.
10.2 If the contract is terminated for any of the reasons set out in 10.1 a) to b) above, the Contracting Party shall not be entitled to a refund. If the contract is terminated for the reason set out in clause 10.1. c) above, the Parties shall be obliged to settle accounts with each other in respect of the services provided up to the date of termination.
RIGHTS OF THE GUEST
11.1 Under the Contract, the Guest is entitled to use the booked and confirmed Accommodation for its intended purpose.
11.2 The Guest may lodge a complaint regarding the performance of the services provided by the Service Provider. The Service Provider undertakes to deal with any complaint submitted to it (or recorded by it) in writing in accordance with the applicable legislation.
OBLIGATIONS OF THE CONTRACTING PARTY AND THE GUEST
12.1 The Guest shall ensure that any child under the age of 14 who is under the responsibility of the Service Provider is only under the supervision of an adult, and the Contracting Party, the Guest and, if different from the Contracting Party or the Guest, the legal representative shall be jointly and severally liable for any damage caused by the child.
12.2 The Guest is entitled to smoke only in designated areas outside the premises of the Accommodation. Smoking is prohibited inside the building of the Accommodation. If the Guest smokes outside the designated areas, the Guest may be required to cease this behavior.
12.3. If the Guest fails to comply with any of his obligations under this Chapter and the Service Provider suffers damage as a result, or the Service Provider is liable to any third party or authority for any claim, demand, or fine, the Guest and the Contracting Party shall be jointly and severally liable for the damage suffered by the Service Provider, and to reimburse the Service Provider immediately and in full for the amount paid by the Service Provider to the said third persons or authorities, and to indemnify the Service Provider immediately and in full against any such claims, damages, demands, fines.
LIABILITY FOR DAMAGES OF THE GUEST AND THE CONTRACTING PARTY
13.1 The Guest and the Contracting Party shall be jointly and severally liable for all damages and losses suffered by the Service Provider or any third party for any cause attributable to the Contracting Party, the Guest or his/her companion or any other person for whom he/she is responsible. This liability shall also apply if the injured party has the right to claim compensation for his loss directly from the Service Provider.
13.2 The Guest expressly acknowledges that if he/she causes damage to the building or furnishings of the Accommodation or violates the rules of the house rules concerning smoking, he/she shall pay to the Service Provider a penalty in the amount specified in Annex 2 within 8 (eight) days of the date of the Service Provider’s discovery of the damage. The Service Provider shall also be entitled to claim the full amount of the damages above the penalty. The Service Provider may unilaterally decide to waive all or part of the liquidated damages provided for in this clause at its sole discretion.
13.3.
14.
14.1 The Service Provider shall be entitled to a lien on the Guest’s personal belongings that the Guest has brought with him/her to the Accommodation to secure his/her claims arising from the Accommodation.
OBLIGATION OF THE SERVICE PROVIDER
15.1 The Service Provider is obliged:
- a) provide the accommodation service ordered under the contract and confirmed by the Service Provider in accordance with the applicable regulations and service standards;
- b) to investigate the Guest’s written complaint in accordance with the provisions of the applicable legislation and to take the necessary steps to deal with the problem, which shall be recorded in writing.
THE PROVIDER’S LIABILITY FOR COMPENSATION
16.1 The Service Provider shall be liable, in accordance with the general rules of civil law, for any damage to the physical integrity or health of the Guest that can be proven to have occurred within the Accommodation Unit for reasons attributable to the Service Provider or its employees, with the following exceptions and limitations:
- a) The Service Provider shall be liable for valuables, securities and cash only if he/she has expressly accepted them for safekeeping or if the damage has occurred for a reason for which he/she is liable under the general rules. In this case, the burden of proof is on the Guest.
- b) The maximum amount of compensation shall be fifty times the amount of the daily room rate under the contract, unless the damage is less.
- c) The Service Provider shall be entitled to specify in its House Rules that the Guest is not entitled to bring with him/her to the Accommodation. The Service Provider shall not be liable for any damage or injury caused to or by such items.
16.2 The Guest shall immediately report any damage suffered by him/her to the Service Provider and shall provide the Service Provider with all necessary information required to clarify the circumstances of the damage, possibly for the purpose of the police report / police proceedings.
DATA PROTECTION
17.1 The Service Provider’s rights and obligations regarding the processing of data in the performance of its contractual obligations are governed by the Service Provider’s Data Processing Notice.
18.
18.1 Any cause or circumstance (for example; war, fire, flood, adverse weather, power failure, strike, epidemic) over which a party has no control (force majeure) shall relieve either party from the performance of its obligations under the Contract for so long as that cause or circumstance exists. The Parties agree to use their best endeavors to minimize the possibility of such causes or circumstances occurring and to remedy any damage or delay caused thereby as soon as possible.
APPLICABLE LAW, COMPETENT COURT
19.1 In matters not covered by these GTC, Hungarian law, in particular the provisions of Act V of 2013 on the Civil Code, shall apply. Any dispute arising out of the contract between the parties shall be subject to the exclusive jurisdiction of the Budapest II and III District Court and the Egri Court of Justice.
Annex 1: House Rules
Annex 2: Equipment list and penalties in the event of damage/breach of rules –
ANNEX 1: HOUSE RULES
- ARRIVAL/DEPARTURE
The accommodation may be booked from 15:00 on the day of arrival and must be vacated by 10:00 on the last day of stay. After prior arrangement, the Guest may use the luggage storage service after check-out. The terms and conditions of this service will be provided at the time of the reservation. Upon check-in, the service provider will check the identity document(s) of the arriving guest(s). A representative of the operator will be present at the time of arrival and departure.
24-HOUR ON-CALL SERVICE BY TELEPHONE
Name: András Cseh
Phone: +36 36 411-711
2.
The maximum parking space in the garden of the apartment house is 1 car per apartment. If guests arrive with more than one vehicle, the additional vehicle can only be parked outside the garden, on the street.
LANDING 3.
Pets are allowed in the apartment house and the garden area for an extra fee (exception: guide dogs by prior arrangement).
4.
The guest is entitled to smoke only in designated areas outside the apartment building. Smoking is prohibited inside the accommodation building. If the guest smokes outside the designated areas, the guest may be asked to stop this behaviour.
- KEYS TO THE APARTMENT
If the guest loses the keys to the apartment, the service provider is entitled to charge a fee of 5.000 HUF to the guest. Upon leaving the accommodation, the guest is obliged to return the keys of the apartment to the service provider.
- PROPER USE AND FURNISHINGS OF THE APARTMENT
Guests are obliged to use the furnishings as intended. Guests are not entitled to remove the furnishings and equipment of the apartment from the apartment building or rearrange the furniture.
It is forbidden to bring into the building of the apartment house flammable, explosive materials, transport equipment (bicycles, motorbikes, etc.), to store them there.
In the event of any malfunction, the guest must immediately report it to the service provider.
Wifi is free of charge throughout the property, the password for which will be provided by the service provider.
In case of damage to the building or furnishings of the apartment house or violation of the rules of the house rules on smoking, depending on the subject of the damage, the guest shall pay the service provider a penalty in the amount specified in Annex 2 within 8 (eight) days of the damage being detected by the service provider.
Please note that insects must not be destroyed in such a way as to cause damage to the walls/painting of the apartment house, as if the traces cannot be removed by simple cleaning, the Service Provider shall be entitled to the liquidated damages as per Annex 2.
The Service Provider is entitled to check the condition of the accommodation before the guest leaves.
- LEAVING THE APARTMENT
When leaving the apartment house, the guest must always lock the door and windows, turn off the water taps, and leave the electrical appliances and air conditioning switched off.
8.
The apartment will be cleaned and tidy when the guests arrive, if there is a problem with the cleanliness, the guests can report it to the service provider. During the stay of the guests in the apartment, the service provider will clean the apartment.
9.
Household waste can be collected in the bins placed in the kitchen and bathroom of the apartments.
- ADDITIONAL PERSONS STAYING IN THE APARTMENT
Only guests using the service are entitled to stay in the accommodation. If the service provider notices that persons are staying in the accommodation who are not registered or have not been announced during the reservation, the service provider may ask these persons to leave, and the party contracting with the service provider is fully liable to the service provider for damages and violations of the rules caused by these persons.
ANNEX 2: EQUIPMENT LIST AND PENALTIES IN THE EVENT OF DAMAGE/BREACH OF RULES
The Guest expressly acknowledges that if he/she causes damage to or theft of the accommodation building or its furnishings, or violates the rules of the house rules on smoking, he/she shall pay to the Service Provider a penalty of the amount specified in this Annex, depending on the subject of the damage, within 8 (eight) days of the damage being discovered by the Service Provider. The service provider shall also be entitled to claim the full amount of the damages and to enforce his rights over and above the amount of the penalty.
Damage caused to built-in or free-standing furniture, other wooden covering surfaces: HUF 50.000
Damage caused to pictures in the property: HUF 25.000
Damage caused to stairs or steps: 50.000 Ft
Damage to sanitary ware / washroom: 50.000 Ft
Damage to electrical installations: 50.000 Ft
Damage to wall painting / plastering: 50.000 Ft
Damage to switches / light fittings: Ft 50.000
Damage to window shutters: Ft 50.000
Damage to keys / door opener: 30.000 Ft
Damage caused to movable property not included in the list or other parts of the property: HUF 50.000
In case of violation of the rules of the House Rules on smoking: HUF 25.000A