1. Scope
Terms and conditions of the services of the Vesta Thermal Hotel
1.1. Staff and scope
The present General Terms and Conditions (hereinafter referred to as “GTC”) apply to all accommodation, restaurant and other accommodation services provided by the Hotel Vesta (hereinafter referred to as “Hotel”) to guests of all hotel and restaurant guests of individuals, legal entities or unincorporated organisations (hereinafter referred to as “Guests”), in general, and in particular to contracts under which the Hotel provides accommodation for various events, such as conferences, banquets, seminars, weddings, etc. rents out conference, banqueting and event rooms. These GTC also apply to all other Hotel deliveries and services related to such events (such as audiovisual equipment rental, outside catering services, etc.).
Unless otherwise agreed in writing, these GTC also apply to the so-called “third party intermediaries” who provide the Hotel’s services to third parties via the Internet and other means. “long-term seasonal price agreements with wholesalers and travel agents. Travel agencies and wholesaler Customers are only entitled to sell via the Internet if they have signed a specific contract to this effect.
By signing the registration card filled in at the time of check-in at the Hotel, the restaurant guest by using the service, and other Customer parties by entering into individual contracts, the hotel guest Customer acknowledges these GTC. The Hotel shall consider any agreement between the Customer and the Hotel, whether oral or written, concerning a reservation to be an individual contract.
Hotel and the Customer shall accept the scanned electronic version of the contracts with a signature or electronic signature as a document with the same probative value as the original example.
1.2. Temporal scope:
Hotel may unilaterally amend these GTC at any time, but shall notify Customers with an existing individual contract in writing of the amended GTC at least 15 (i.e. fifteen) calendar days before the amendment is due to enter into force, by sending the amended GTC or, at Hotel’s option, by sending a notice that the amended GTC are available for inspection on Hotel’s website. If the Customer does not object within 15 (fifteen) calendar days of the notification, the new GTC shall be deemed to be accepted by the Customer. If the Customer objects or objects to the amendments, the Hotel shall be entitled to terminate the individual contract concluded with immediate effect within 5 (five) working days of receipt of the objection or objection. If the Hotel does not exercise its right of termination within 5 (five) working days of receipt of the objection, the individual contract shall be governed by the contents of the GTC prior to the amendment.
1.3. Unless otherwise agreed in writing in an individual agreement between the Customer and Hotel, the provisions of these GTC shall prevail.
2. Contract, contracting parties, liability
2.1. If the order for the services of the Hotel is placed directly with the Hotel by the Guest or his/her representative, the Guest is the contracting (and also the party obliged to pay) party – hereinafter referred to as the Customer.
2.2. If the Order is placed on behalf of the Guest by a third party – hereinafter referred to as the Intermediary – the Intermediary is considered the contracting (and also the party obliged to pay) party, i.e. the Customer. The Hotel is not obliged to verify whether the Intermediary is legally representing the Guest.
2.3. If an Order for the Hotel’s services is placed by a third party on behalf of and at the expense of the Guest, the third party – hereinafter referred to as the Authorised Party – shall be obliged to provide the Hotel with credible proof of its capacity as an authorised representative. The Contracting Party and the party liable to pay in such a case is the Guest.
2.4. If the Customer is not the same as the Guest, they are jointly and severally liable with Hotell for the performance of all obligations under the contract.
2.5. The Client shall be liable for the payment of any additional services used by the participants of the event and for any damage caused to the venue building or its fixtures and fittings by its staff, assistants or participants of its events, or caused by the Client itself.
2.6. Binding offer
2.6.1. Unless otherwise agreed in writing, in the case of an individual accommodation order, i.e. a maximum of 9 (nine) rooms booked for the same date, the Hotel will send a written offer to the Customer within 24 (twenty-four) hours on working days of the Customer’s verbal or written request for an offer. If no specific written order is received within 48 (forty-eight) hours of the offer being sent, the Hotel’s obligation to bid shall cease. The Contract is concluded upon written confirmation of the Customer’s written order by the Hotel. Verbal orders, amendments or verbal confirmations do not constitute a contract.
2.6.2. In the case of group bookings, i.e. 10 (ten) or more rooms for the same date or event services, the Hotel will send a written offer within 24 (twenty-four) hours on working days of the Customer’s written request for a quotation.
Hotel shall set a tender period of 14 (fourteen) calendar days for the contract offer sent to the Customer, unless a different period is set in the individual offer. If the contract signed by the Customer has not been received by the Hotel by 24 hours on the last day of this period, the offer shall be invalid. The contract is concluded by the signature of the Customer and the Hotel, i.e. the contracting parties.
2.6.3. Hotel excludes the acceptance of its offer by the Customer with a different content. If the Customer sends an order to Hotel with a content not in accordance with the offer, the Parties shall interpret this as meaning that the Customer has requested a new offer and Hotel is free to decide on the terms of the new offer, on the basis of which the Customer may send an Order to Hotel as before.
3. Quality of services, prices, payment
3.1. The Hotel is obliged to provide the services requested by the Customer on the spot and falling within the scope of its services. Telephone, internet, TV, parking services are ordered by the Customer on an impulsive basis. By signing the registration card filled in at the time of registration and the individual contracts, the Customer acknowledges the use of these services by way of implicit conduct.
3.2. The hotel is entitled to subcontract certain of its services and to provide such services on an intermediated basis. Especially for TV, telephone and internet services, the hotel offers an intermediated service. In the event of overbooking or temporary operational problems, the Hotel is entitled to subcontract its services to another hotel of the same or higher category (booking out), which is also an intermediated service. In this case, the Hotel will provide the Customer with a telephone call and a return shuttle service, but the Customer is obliged to pay the price specified in the contract to the Hotel. If the Customer has accepted the substitute accommodation, he/she may not subsequently claim compensation from the Hotel.
3.3. The Customer shall pay the agreed price for the services to the Hotel after the services have been used and before leaving the Hotel. The Hotel is entitled to authorise the Customer to make a subsequent payment after a prior credit check.
3.4. No price changes are allowed within 12 (twelve) months of the conclusion of the contract, except in the case of changes in taxes (e.g. VAT, IFA). Hotel shall be entitled to pass on to the Customer any additional costs resulting from changes in the tax legislation in force, provided that the Customer is notified thereof at the same time. The Hotel reserves the right to increase the price after the one-year period mentioned above. The Hotel is free to change its publicly advertised (non-contracted) rates without prior notice.
3.5. If the Hotel orders or has ordered technical, engineering or other services from third parties for the Customer, it shall always do so for the Customer’s benefit (intermediated services). The Customer shall be responsible for the careful and proper use and proper return of the equipment used and shall indemnify the Hotel against any claims by third parties arising from the transfer of such equipment.
3.6. Unless otherwise agreed in writing in the individual contract, invoices issued by the Hotel in Hungarian Forint are payable in cash or by bank/credit card on the day of issue, or, if a subsequent transfer is permitted, within 10 (ten) calendar days of issue, without any deductions, in Hungarian Forint (HUF) or in the currency specified in the contract. The conversion rate for room rates is the exchange rate of the Bank of Hungary on the day of arrival. The exchange rate for F&B prices (e.g. food, drinks, banquet room rates, equipment rental) may differ. In the event of late payment, the Hotel is entitled to charge interest on late payments at twice the base rate of the Central Bank of Hungary from time to time. In the case of a deposit or advance payment, the deposit or advance paid and the final invoice can only be made in the same currency (e.g. either both payments in HUF or both payments in EUR).
3.7. Payment shall be made by bank transfer to the Hotel’s HUF bank account with the following bank, indicating the use to which the payment is to be made:
Bank name: Takarékbank Zrt.
Address: 1117 Budapest, Hungarian Scientists Boulevard 9.
Bank account number (HUF): 65100084-16226399
SWIFT: TAKBHUHB
3.8. The Hotel shall be entitled to request from the Customer an appropriate amount of security (e.g. credit card guarantee, i.e. credit card pre-authorisation, advance payment, deposit, insurance, security deposit, security deposit, guarantee, etc.), the amount and payment deadline of which shall depend on the respective order (e.g. number of guests and/or size of the event) and shall be specified in the respective individual contract. The granting of a credit card guarantee also implies the authorisation for the Hotel to request a pre-authorisation for the card and to temporarily block the amount agreed as a guarantee on the card.
3.9. In the absence of any agreement to the contrary (e.g. a contract amendment prior to the execution of the Hotel), the invoice will be issued to the Contracting Party signing the contract. After the performance and the issue of the final invoice, the Hotel shall not be obliged to change the payer and issue a new invoice.
3.10. In case of any payment method, all costs related to the payment shall be borne by the Customer.
3.11. Pets:
Pets can be kept in the hotel rooms for an additional fee of HUF 5.000,- per night under the supervision of the Guest, they can use the common rooms for access to the rooms, but they cannot be brought to other parts of the hotel (e.g. restaurant and SPA). The Guest accepts full responsibility for any damage caused by the pet. The hotel is entitled to charge a cleaning surcharge.
3.12. Children: unless otherwise agreed by the Parties in an individual agreement:
a) Children under 6 (six) years stay free of charge in a room with their parents in an extra bed.
b) Breakfast is free for children under 6 (six) years of age.
c) Children aged 6-12 (six to twelve) are entitled to a 50% discount on the breakfast price.
d) Children over 12 (twelve) years of age are charged the same bed and breakfast rates as adults.
e) The Guest is obliged to ensure that his/her child under the age of 14 (fourteen) stays in the Hotel only under adult supervision.
3.13. If Hotel and a third party (Intermediary or Authorised Agent) have agreed on an intermediation fee (commission), the payment of this fee (commission) is subject to the Customer (the payer) fulfilling all its contractual obligations (in particular payment). The Hotel will pay the agency fee/commission only against the third party’s invoice within 15 (fifteen) banking days of receipt of the invoice. Unless otherwise agreed, the agency fee/commission is based on the net room rate (excluding VAT, IFA) and breakfast. The method of payment is primarily by offsetting against any third party debt owed to the Hotel by whatever legal basis. If the third party is not in debt, the Hotel will pay the fee/commission either by direct bank transfer or by transfer through the WPS/Trust intermediary system, at its option. Unless otherwise agreed, the Hotel will not pay any fee/commission for penalties (no show/no show and late cancellation).
3.14. Post-charging: the hotel reserves the right to charge the payee’s credit card after check-out for amounts not known at the time of check-out (e.g. room charges, minibar consumption, breakfast consumed after check-out, etc.).
4. Termination and withdrawal by the Hotel
4.1. The right of ordinary termination of the hotel is excluded.
4.2. Hotel may terminate the contract in writing with immediate effect and claim damages in the following cases of breach of contract by the Customer:
a) If the deposit or other security is not paid after the deadline set by the Hotel. If the Customer has already paid a certain amount of advance and/or deposit, the Hotel shall be entitled to set off against the amount of such advance and/or deposit the amount of the penalty that would have been due to the Hotel in the event of cancellation of the order by the Customer;
b) If the Guest makes improper use of or causes damage to the room or event space;
c) If the Guest is under the influence of alcohol or drugs, intentionally or with gross negligence violates the Hotel’s security, fire safety and other regulations, behaves in a rude, threatening, disturbing or immoral manner towards Hotel employees or other Guests, or engages in other unacceptable behaviour, or suffers from a communicable disease;
d) If the Customer is the subject of bankruptcy, liquidation, winding-up, compulsory winding-up or any other proceedings for the winding-up of the Customer;
e) If there is a change in the management or ownership structure of the Customer’s company or other organisation.
4.3. The Hotel is entitled to withdraw from the contract for good cause, in particular if:
a) The performance of the contract is impossible due to force majeure or other external, unavoidable reasons beyond the Hotel’s control;
b) The Hotel has reasonable grounds to believe that the event may jeopardize the smooth operation, safety or public reputation of the Hotel;
4.4. If the Hotel wishes to exercise its right of withdrawal, it shall immediately notify the Customer in writing and shall return to the Customer within 15 (fifteen) calendar days any advance payment, other security, etc. to the Customer, but any further claims for damages and indemnification by the Customer are excluded.
4.5. The Hotel excludes its liability to the Customer who is not a consumer (natural person) for damages caused by a slight negligent breach of contract, and its liability for damages caused by a gross negligent breach of contract is limited to the net contractual amount payable by the Customer.
5. Cancellation of the order by the Customer
5.1. Contracts (including in particular accommodation and event services) are for a fixed period. Individual contracts may only be amended in writing with the agreement of both parties. Unilateral modifications or amendments made by the Customer or the Guest are invalid.
Hotel rooms can be booked from 14:00 on the day of arrival and must be vacated by 11:00 on the day of departure.
5.2. If the Customer or the Guest unilaterally decides to extend the service period, this may only be done with the prior written consent of the Hotel. In such a case, Hotel shall be entitled to demand payment by the Customer of the price of the services for the originally contracted period before agreeing to extend the duration of the service.
5.3. The Customer may cancel the services ordered in the contract or parts thereof at any time by written notice, but in any case, except for the provisions of 5.6. in the cases set out in point (a) – must compensate the Hotel for the damage suffered. The Customer is also obliged to pay the cancellation fee (as a penalty for failure to perform) set out in the ad hoc contract, linked to the date and extent of the cancellation.
5.4. Unless otherwise agreed in writing, the penalty-free cancellation period for individual bookings, i.e. up to 9 (nine) rooms for the same date
a) for travel agency and wholesaler Customers, 24 hours prior to arrival.
b) 48 hours prior to arrival for other corporate or natural person Customers.
If the Customer does not cancel the individual accommodation service by the no-show deadline or cancels the reservation after the deadline, i.e. late, the Hotel is entitled to charge the price of the first night’s accommodation as a penalty, unless otherwise agreed in the individual contract. If breakfast is included in the price, the breakfast price will not be deducted.
5.5. If the Customer or the Guest unilaterally decides to leave the room or the event venue earlier than the agreed time, the Hotel is entitled to the full price of the contractually agreed service. This does not preclude the Hotel’s right to resell a room/event space that has been prematurely vacated.
5.6. If the performance of the contract becomes impossible due to force majeure or other external reasons beyond the Customer’s control, the Customer shall be entitled to withdraw from the contract without paying a cancellation fee. The Customer must provide credible evidence of the existence of the Vis major or other reason when making the cancellation declaration, and Hotel will only accept as credible evidence from a public and official source (e.g. official travel restriction issued by the Ministry of Foreign Affairs of the country concerned, airline cancellation notice, etc.).
6. Technical equipment and connections
6.1. The Customer may connect its own electrical equipment to the Hotel’s network only with the prior written consent of the Hotel. The costs of repairing any malfunction or damage resulting from the use of such equipment shall be borne by the Customer.
6.2. The hotel has the exclusive right to hire audio-visual equipment in its conference facilities and to provide complex AV services through its contracted partner. The Customer may only use external AV equipment and services:
– if you want to use your own audiovisual equipment and services (not equipment rented or services ordered from another Hungarian service provider) or
– Hotel is unable to provide the quality or quantity of equipment or services requested by the Customer, or
– with the prior written consent of the Hotel.
The provision of technical equipment, without complex services, is considered as an intermediate service and should be invoiced as such.
Subcontracted complex contractor work, i.e. audiovisual design and implementation of an event, should be invoiced as audiovisual services.
7. Specific rules for events
7.1. The Hotel reserves the exclusive right to serve all food and beverages at the event. The Customer or guests may not bring any food or drink onto the Hotel premises without the prior written consent of the Hotel. Any such agreement will incur an additional fee.
For buffet meals, the Hotel will keep the food on the buffet table for a maximum of 3 hours to ensure that it remains of the required quality and that the Hotel complies with the relevant HACCP requirements.
7.2. The import and display of decorative materials and accessories or other items requires the prior written consent of the Hotel. The decorative material must comply in every detail with fire regulations.
7.3. Nails, screws and glue must not be used to attach objects to the walls or ceilings of meeting rooms or other hotel areas. The Customer is financially liable for any damage caused. The Customer shall consult the Hotel prior to the planned decoration of the Hotel’s premises to ensure compliance with fire and safety regulations.
7.4. Imported items must be removed immediately upon completion of the event, unless otherwise agreed in writing. Otherwise, the Hotel reserves the right to arrange for the removal and storage of the items left behind at the Customer’s expense, risk and expense.
7.5. The Customer shall be responsible for the safekeeping of any exhibits or other personal items brought into the Hotel’s event rooms and venues. The Hotel shall not be liable for any loss, damage or destruction of the same, unless the damage is due to the intentional conduct or gross negligence of a Hotel employee.
7.6. The Hotel’s prior written consent is required for any newspaper advertisement, invitation, invitation to an introductory interview or sales event, or similar publication, mentioning the Hotel by name, including a photograph. If such publication takes place without such permission and this is detrimental to the material interests of the Hotel, the Hotel is entitled to cancel the event. In such a case, the Customer shall bear the costs and possible damages.
7.7. If the customer invites photographers or film makers to film the event, he/she must notify the Hotel Marketing Department in writing at least 5 working days in advance and comply with the Hotel’s specific conditions.
8. Final provisions
8.1. Data protection:
In the performance of the Services, the Hotel shall comply with the provisions of the 2011 Act on the Right to Information Self-Determination and Freedom of Information. CXII. Act and other Hungarian legislation on data protection and the data protection requirements imposed by the Hotel. A detailed privacy policy is available on the Hotel’s website. By concluding the individual contract, the Customer expressly consents to the transfer of his/her personal data to an external debt collection company of Hotel for the purpose of debt recovery, if the Customer has not paid the consideration to Hotel under the individual contract despite a prior written request to do so by Hotel. If the Customer comments or likes the Hotel’s Facebook or other social media pages by clicking on the “Like” button, the Customer’s personal data will be automatically transmitted to Facebook or other pages. By using the links on the Hotel’s website, the Customer consents to this transfer of data.
8.2. Neither Party shall be liable for any failure to perform or for any incomplete or delayed performance of its obligations under this Agreement due to force majeure. Any event which affects the performance of the contract and which the Parties cannot influence by their actions shall be considered force majeure for the purposes of this Agreement.
For the purposes of clauses 4.3.a. and 5.6. of these GTC, external force majeure shall be deemed to include, but not be limited to, natural disasters, fire, explosion, strike, Internet system failure, etc., in respect of which the Parties shall bear their own costs and damages.
8.3. If the Guest falls ill during his/her stay at the Hotel and is unable to provide adequate medical care for himself/herself, the Hotel will offer medical assistance. In the event of the Guest’s illness and/or death at the Hotel, the Hotel may claim appropriate compensation from the Guest’s relative, heir or the bill payer.
8.4. The provisions of the current Hungarian Civil Code (currently Act V of 2013 on the Civil Code, hereinafter referred to as the “Civil Code”) and the applicable Hungarian legislation shall prevail with respect to the issues not or not sufficiently regulated in these GTC.
8.5. Complaints handling:
The Guest has the right to complain about the provision of services during his/her stay at the Hotel, either in writing or by recording a verbal complaint. The guest’s right to lodge a complaint ceases after check-out from the hotel. The Hotel is obliged to investigate the Customer’s written complaint in accordance with the applicable consumer protection regulations, to provide a written response and to initiate the necessary steps to deal with the complaint.
8.6. Unless otherwise agreed by the Parties, the place of performance shall be the Vesta Thermal Hotel in Tepióceșeő. Settlement of disputes: it tries to settle any disputes primarily out of court and only if this is unsuccessful, it will resort to the Civil Code. the court having jurisdiction.
8.8. If any provision of these terms and conditions is invalid, this shall not affect the validity of the other provisions.
8.9. The Hotel’s liability for damages:
a.). The Hotel shall be liable for any damage caused to the Guest by the Hotel or its employees or agents within the Hotel.
b.) The Hotel’s liability does not extend to damage caused by any cause beyond the control of the Hotel or its employees or agents, or caused by the Guest.
c.) The Service Provider may designate places in the hotel where the Guest is not allowed to enter. The Hotel shall not be liable for any damage or injury caused in such places.
d.) The Guest must immediately report any damage suffered by him/her.
e.) The Hotel shall also be liable for any loss, destruction of or damage to the Guest’s belongings which the Guest has deposited in a place designated or normally designated by the Hotel or which the Guest has handed over to an employee of the Hotel whom the Guest may have deemed entitled to receive the belongings. The amount of compensation payable by the Hotel shall not exceed 50 times the daily room rate. Any limitation or exclusion of liability exceeding this amount shall be null and void. § 6:369 (1))
f.) The Hotel shall be liable for securities, cash and other valuables if the Hotel has accepted the item for safekeeping or refused to accept it for safekeeping. In this case, the burden of proof shall be on the Guest. 6:369.§ (2))
8.10. Hotel excludes the Ptk. 6:63. § (5), so that the custom and practice of their previous business relationship and the business practices do not become part of the individual agreement.
8.11. By concluding the individual agreement, the Parties certify that they have read and interpreted the provisions of these GTC when considering the offer, and have individually negotiated all the data and conditions deemed necessary.
8.12. By signing/establishing the individual agreement, the Parties declare that the Civil Code. 6:78. § (2), these GTC do not contain terms and conditions which deviate substantially from normal contractual practice, from the legal provisions applicable to the contract or from any terms of a contract previously concluded between the parties. Any different terms were set out in the individual agreement and explicitly accepted.
8.13. Hotel details
Thermal Hotel Vesta
Company name: Magdolna Lakópark Ingatlanfejlesztő és Beruházó Korlátolt Felelőségű Társaság.
Company’s registered office: 2251 Tápiószecső Gyógyfürdő út 1/A
Company registration number: 13 09 140063
Tax number: 22922300-2-13