General Terms and Conditions

1. The details of the Service Provider

EURO-ÓVÁR-SPED Kft. (9225 Dunakiliti, Csölösztői u. 1.; Company registration number: 08-09-008297; VAT number: 11865748-2-08)

2. General rules

2.1. These ‘General Terms and Conditions’ regulate the usage of the accommodations of the Service Provider and their services as well as the wellness services rendered for the external clientele beyond the guests of the accommodation.

2.2. No special and unique conditions constitute a part of this General Terms and Conditions but such conditions do not exclude the conclusion of separate agreements with the travel agencies, organizers and occasionally under other terms and conditions suitable for the type of the business.

3. Contracting party

3.1. It is the Guest who uses the services rendered by the Service Provider.

3.2. If the order of the services is submitted by the Guest directly to the Service Provider, the Guest is the Contracting party. The Service Provider and the Guest jointly – if the terms and conditions are complied with – become Contracting parties (hereinafter called Parties).

3.3. If the order of the services is submitted by a third party (hereinafter called the Intermediary) on behalf of the Guest to the Service Provider, the terms and conditions of the co-operation are regulated by the contract concluded by and between the Service Provider and the Intermediary. In this case the Service Provider is not obliged to examine whether the third party is authorized to represent the Guest.

4. The conclusion of the contract, the method and the modification of booking, notification

4.1. The Service Provider only accepts booking through its online booking system, by e-mail facsimile or post mail (in written). Only information can be provided by phone! In case of a booking submitted through the online booking system we kindly ask you to check the details, especially the contact details and the arrival date in the booking form. To avoid abuses, if a Guest is not available on the phone number or e-mail address stated in the booking form, or his contact details prove to be incorrect and the validity of the booking cannot be confirmed, the service provider reserves the right to delete the booking, and the claim to the accommodation will be terminated.

4.2. The contract is concluded after the booking by the Guest, when the written offer sent by the Service Provider is accepted and confirmed (by clicking on the link < click here to confirm the booking >), and it constitutes a written contract, and it is considered an acceptance of these General Terms and Conditions (GTC) of the Service Provider at the same time.

4.3. Any oral booking, agreement, modification or the oral confirmation by the Service Provider have no legal effect and no contract can be concluded. All the legal statements related to the service are valid in written only.

4.4. The Service Provider reserves the right to stipulate the advance payment stated in the confirmation of the booking. In this case the service contract enters into force on the date when the bank account of the Service Provider is credited with the advance payment. If the advance payment fails to arrive by the deadline stated in the confirmation, the offer validity and the obligation of the Service Provider to render services is terminated.

4.5. The Contract on the usage of the accommodation and the services are concluded for a definite period of time.

4.5.1. If the Guest leaves the room finally before the period ends, the Service Provider is entitled to obtain the total value of the service stated in the Contract. The Service Provider is entitled to rent the room that becomes vacant before the deadline.

4.5.2. The prior consent of the Service Provider is required for the Guest to prolong the usage of the accommodation and the services. In this case the Service Provider is entitled to stipulate the reimbursement of the service provided.

4.6 To modify and/or to amend the Contract, a written agreement concluded by and between the Parties is required.

5. Terms and conditions of cancellation

5.1. The accommodation booked can be cancelled or modified without paying any penalty until 7 days prior the date of arrival (or until the 14th day in the peak periods). In this case the total amount of the advance payment stated in the booking and paid will be reimbursed. Cancellations and modifications are exclusively accepted in written.

Peak periods in 2010: 12th-16th March, 2nd-6th April, 21st-25th May, 19th-23rd August, 29th October – 2nd November, 22nd December – 2nd January 2011

5.2. In case of any cancellation within 7 days but more than 3 days before the arrival, the penalty to be paid is 30% of the total booking value; in case of a cancellation within 3 days before the arrival, the penalty is 50% of the total booking value. If there is a default in cancellation or appearance the penalty amounts to the full booking value.

5.3 Upon cancellation or default in cancellation, the obligations of the Service Provider to accommodate the Guest are terminated independently from the payment of the penalty, and the Service Provider is entitled to rent the unused room to other Guests.

5.4. If the Contracting party failed to secure the usage of the accommodation and the services through an advance payment, credit card guaranty or any other method stated in the Contract, the obligation of the Service Provider to render services is terminated after 4:00 p.m. local time on the date of arrival.

If the Contracting party secured the usage of the accommodation and the services through an advance payment, credit card guaranty or any other method stated in the Contract, and fails to arrive until 4:00 p.m. local time on the date of arrival, or fails to notify the Service Provider in written in advance that he/she arrives at a later date, the Service Provider is entitled to obtain penalty at an extent stated but at least the amount of a daily rate. In this case the accommodation is reserved for the Contracting party until 11:00 a.m. on the day after the date of arrival. After that the obligation of the Service Provider to render services is terminated.

5.5. The Service Provider specifies terms and conditions included in a separate Contract differing from the above for the booking of its products, package offers, group travels or arrangements which are subject to special conditions.

6. Prices

6.1. The room rates of the accommodation (Rack Rate) are indicated in the rooms of the accommodation or at the reception. The price lists of the other services are available in the relevant wellness section.

6.2. The Service Provider has the right to change its prices advertised without any prior notification.

6.3. When indicating the prices, the Service Provider shall indicate the tax content (V.A.T., local tax on tourism) of the price which is regulated by law and valid at the time of the offer. The Service Provider has the right to shift the extra costs resulting from the modification of the tax legislation in force (V.A.T., local tax on tourism) to the Contracting party with the prior notification of the Contracting party.

6.4. The current discounts, promotions and other offers are advertised on our website (www.saricsarda.hu).

7. Family discounts

The accommodation is free of charge for children under 6 if the child and the parents are in the same room. The accommodation of children over 6 is subject to payment of the extra bed fee. Full room rate is charged over the age of 14.
8. Method of payment, guarantee

8.1. The Service Provider claims the value of the services rendered for the Contracting party the latest after the usage and before the departure from the accommodation. However, the Service Provider has the right to provide facility for post-payment upon individual agreement.  In case of a post-payment and delay in payment of the invoice, the Service Provider is entitled to obtain a default interest and its value is the twice the current base rate of the national bank.

8.2. To guarantee the usage of the service according to the Contract and the payment of the invoice, the Service Provider is entitled to

a) request credit card guarantee; in this case the value of the service rendered and confirmed will be held on the credit card,

b) request an advance payment for a part of the total amount of the participation fee.

8.3. The Contracting party can pay the invoice in EUR and/or

a) any other currency which is accepted by the Service Provider. The conversion and the invoicing take place at the buying rate of the bank of the Service Provider at the date of arrival.

b) The Service Provider accepts cash-replacements (credit card, travellers’ cheque, and coupons, vouchers, etc. based on a separate agreement). The current list of the cash-replacements is available for the Contracting party upon request.

8.4. Any cost related to any method of payment shall be paid by the Contracting party. In each case when the payment takes place via wire transfer, the payment shall be considered fulfilled if the fee of the service is credited to the bank account of the Service Provider.

9. The method and conditions of the usage of the services

9.1 The Guest can reserve the room from 4:00 p.m. on the date of arrival (check in) and he/she is obliged to leave the room until 10:00 a.m. of the last day of stay (check out).

9.2 If the Guest intends to reserve the room before 8:00 a.m. on the date of arrival, the cost of the previous night will be charged.

9.3 The terms and conditions of the non-accommodation service rendered for the Guests (wellness and other services) are specified in the rules of the accommodation which is indicated on the location of the service.

10. Pets, smoking

10.1. No pet can be taken in the rooms of the Service Provider.

10.2. The whole building of the Service Provider is a non-smoking area, so smoking is forbidden in the building, especially in the guestrooms. Smoking is allowed on the designated location on the court, or on the designated location in the building.

10.3 If the Guest fails to comply with the prohibition of smoking and as a consequence, the fire alarm of the building is activated, or any equipment of the building is damaged, the Guest is obliged to pay for the damage caused and to pay all such costs before leaving the accommodation.

11. The refusal of the fulfilment of the contract, the termination of the obligation to render services

11.1. The Service Provider is entitled to terminate the Contract related to its services with immediate effect and to refuse the provision of the services if

a) the Guest fails to use the room, facilities or instruments provided properly,

b) the Guest behaves in an objectionable or offensive way in terms of the security, the regulations and the employees of the accommodation, the Service Provider or other Guests; or he/she is under the influence of alcohol or drugs; he/she behaves aggressively, threatening, offensive or any other unacceptable way,

c) the Guest is suffering from an infectious disease,

d) the Contracting party fails to fulfil  the obligation to pay in advance stated in the Contract until the specified deadline

11.2. If the Contract concluded by and between the Parties fails to be fulfilled due to Force majeure, the Contract is terminated.

12. Accommodation guarantee

12.1. If the Service Provider cannot provide the services specified in the Contract as a result of its own fault (e.g. congestion, temporary operation problems, etc.), the Service Provider is obliged to provide for the accommodation of the Guest immediately.

12.2. The Service Provider is obliged to

a) provide for/offer the services stated in the Contract at the price confirmed for the specified period – or until the hindrances are over – in another, in the same accommodation or in an accommodation of higher category. The Service Provider shall pay all the extra costs related to the replacement service.

b) provide the Guest with a facility to make a phone call once free of charge to provide information on the change in the accommodation

c) provide the Guest with a transfer free of charge so that the Guest can move to the replacement accommodation offered and move back later if possible.

12.3. If a Service Provider fulfils its obligations to the full extent, or the Guest accepted the replacement accommodation offered, the Contracting party has no right to claim indemnification thereafter.

13. The illness or death of the Guest

13.1. If the Guest fells ill during the usage of the accommodation or the services, and he/she is not able to act personally, the Service Provider offer medical aid.

13.2. In case of the illness/death of the Guest, the Service Provider has the right to claim for compensation against the relatives, heirs of the sick/dead Guest or the bill-payer in terms of the eventual medical and procedural costs, the cost of the services rendered before the death and the damages to the instruments, equipment in connection with the illness/death.

14. The rights of the Contracting party

14.1. According to the Contract, the Guest is entitled to use the room ordered and the facilities of the accommodation properly which are included in the standard service package and do not subject to special conditions.

14.2. The Guest has the right to make a complaint in connection with the services rendered by the Service Provider during the stay in the accommodation or at the point of service. The Service Provider is obliged to handle the complaint submitted in written (or recorded in the minutes) during this period.

14.3 The right of the Guest to make a complaint terminates after leaving the accommodation and the point of service.

15. The responsibilities of the Contracting party

15.1. The Contracting party is obliged to pay the value of the services ordered in the Contract in a way and by the deadline specified in the Contract.

15.2. The Guest shall make sure that any child under 14 under his/her liability can only stay under the supervision of an adult in the facilities of the Service Provider.

15.3. The Guest is not allowed to bring his/her own food and beverage to the catering unit of the accommodation.

16. The obligation of indemnity of the Contracting party

The Guest is responsible for all the damages and disadvantages which affect the Service Provider or any third party as a result of the fault of the Guest, his/her companion or any other person under his/her liability. This liability also exists if the aggrieved party has the right to claim indemnification for its damages directly from the Service Provider.

17. The rights of the Service Provider

If the Guest fails to fulfil his/her obligation to pay the fees of the services used, or ordered in the Contract but not used which are subject to penalty, to guarantee its claims,  the Service Provider has mortgage right on the personal property of the Guest taken to the accommodation.

18. The responsibilities of the Service Provider

The Service Provider is obliged to:

a) fulfil its obligation related to the accommodation and other services ordered on the basis of the Contract according to the regulations and service standards in force

b) investigate the written claim of the Guest and to take any steps necessary to solve the problem, which is subject to a written form.

19. The indemnity of the Service Provider

19.1. The Service Provider is responsible for any damages of the Guest resulting in the loss, destroy or damage to the property of the Guest, except the Service Provider proves that the damage was caused due to any external cause which could not be controlled by the employees of the Service Provider and the Guest, or the damage was caused by the Guest itself.

The Service Provider is only liable for the damages to the property which was placed by the Guest at the designated location or in his/her room.

19.2. The Guest is obliged to report any damage caused and shall inform the Service Provider on any details necessary to clarify the circumstances of the damage, or to the police record/police proceedings.

19.3. The Service Provider is only responsible for the valuables, securities and cash if it expressly took over the property for custody, or refused to take over the property for custody, or the damage resulted from any reason which he is responsible for according to the general rules. In this case the Guest is obliged to prove his/her statement.

19.4. The maximal extent of the indemnification is the fiftyfold of the daily room rate according to the Contract, except the damage is less.

20. Confidentiality

To fulfil its contractual obligations, the Service Provider is obliged to act according to the Act LXIII of 1992 on the protection of personal data and on the publicity of the data of public interest and the provisions of the legislation related to data protection as well as according to the related internal rules of the Contracting party if the Service Provider was notified by the a Contracting party on such rules.

21. Force majeure

Any reason or circumstance (e.g. war, fire, flood, weather conditions, lack of electricity, strike) which cannot be controlled by the party (force majeure) exempts any party from the fulfilment of their contractual obligations as long as such reason or circumstance exists. The parties agree to do their best to reduce the possibility of such reasons or circumstances to the lowest level and to remedy the damage or delay caused as soon as possible.

22. Jurisdiction and tribunal

The legal relationship between the Service Provider and the Contracting party is subject to the provisions of the Civil Code of Hungary. To judge any legal dispute arising from the service contract – depending on the value of the object of the proceeding –, the City Court of Mosonmagyaróvár and the County Court of Győr-Moson-Sopron County have exclusive competence.

23. Website

23.1 References and links

The Service Provider has no influence on the design and the content of the material of any third party linked or referred to its websites.

23.2 Copyright

The layout of the websites, the diagrams used, the images and logos and the collection of the individual consents are subject to copyright. Copying or using any object in any electronic or printed publication, such as diagrams, images or texts, is not allowed without the consent of the Service Provider.

24. Validity

The provisions of the General Terms and Conditions enter into force as of 1st August 2010.

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GENERAL TERMS OF INTERNET PURCHASES

These General Terms and Conditions (hereinafter: GTC) contain the rights and obligations of the Customer (hereinafter: Customer) availing of the commercial services provided by the EURO-ÓVÁR-SPED Kft. (9225 Dunakiliti, Csölösztői u. 1.; Company registration number: 08-09-008297; VAT number: 11865748-2-08) saricsarda.hu operator (hereinafter referred to as Service Provider) (Service Provider and Customer hereinafter, together: Parties).

1. General information, the establishment of the Parties’ contract
   1. The scope of this GTC shall cover all commercial transactions entered into by Parties stipulated herein.
   2. Purchases through the Service Provider’s website shall be made by submitted the order electronically in the manner specified herein.
   3. Anybody shall be entitled to use Service Provider’s services subject to a valid identification by the data requested on the website and the acceptance of the obligation to comply with the provisions set forth herein.

The contract between Parties is established in the course of purchasing the voucher by printing the invoice related to the order and having the voucher issued. The voucher can be requested in pdf and paper-based forms. The electronic order submitted by Customer and the issuance of the above-mentioned documents shall constitute Parties’ contract in writing.

2. Identification of customers
   1. Orders through the website can exclusively be made by users who have provided their real personal data as well as some other data necessary for having the order delivered in the completed form sent along with the order.
3. Orders
1. The purchase price shall always be the amount specified beside the selected service (voucher), which includes the value added tax.
2. If irrespective of all the due care taken by Service Provider wrong price is shown in the website, with special regard to the EUR „0” or EUR „1” that is obviously wrong, e.g. it significantly differs from the product’s generally known and accepted or assessed price and possibly appearing due to a fault in the system, Service Provider shall not be obliged to sell the voucher at the wrong price, instead it may offer delivery at the correct price being aware of which Customer may waive the intention to purchase.
3. Service Provider accepts the order submitted through its website only in the event Customer completes fully all the data necessary for the order. Service Provider shall not be liable for any delay or other problem or fault in the delivery that can be traced back to data in the order having been provided by the Customer wrongly or imprecisely.
4. By submitting the order Customer states to have accepted these General Terms of Contract and considers them to be bounding.
1. The hotel voucher is a commodity as it enables the use at a discount of the services mentioned in it. The voucher always contains its serial number, the content of the service package, the date of expiry and other information and things to know about how to cash them in. The voucher cannot be used after the date of expiry; its validity can be extended for a surcharge upon preliminary harmonization with the Service Provider.
2. The process of purchase
   1. If a gift voucher is purchased:
      • The discount offer contains the interval during which the particular voucher can be used.
      • Please complete the form necessary for the purchase precisely and fully.
      • When we see the payment the system will send it out automaticly in pdf formatum. If you need paper voucher which we sent out through post for extra fee. Please send us your proper name and address where we should send it to.
      • Modes of payment:
3. Terms of delivery and payment

On the spot in cash or online payment by bank card are possible.

3. Method of use:
   • When you make your reservation you have to tell the voucher’s number and also have to bring it with you and give itt o the waiter before payment.
   • The restaurant’s voucher is for food and drink consumption in Sári Csárda.
   • The voucher is transferable.
   • You have to give the voucher to your waiter before your payment.
   • The voucher you can not change for money and we can not give money back.
   • We not accept invalid voucher. If the date runs out ont he voucher we will not accept it.
   • You can use your voucher only once.
   • Az utalványon feltüntetett érvényességi idő lejártával az utalvány érvényét veszti, meghosszabbítására nincs lehetőség.  The validity of gift vouchers can't be extended.

1. Safeguard and warranty

Safeguard and warranty shall be governed by the prevailing provisions of Act IV, 1959 on the Civil Code concerning safeguard and warranty as amended several times.

Service provider shall assume a responsibility for having the voucher exchanged under the terms and in the manner specified at the particular hotel according to the rules of the hotel regarding vouchers.

6. Cancellation and refund

Upon receipt of the voucher Customer shall be obliged to check its content and immediately notify the Service provider if something is missing or any deviation is detected from the terms and conditions announced originally.
Customer may withdraw from the contract within 24 hours following receipt of the voucher. In this case we shall reimburse the purchase price of the voucher(s) objected to latest within 15 days after the voucher has been returned. When exercising the right of withdrawal Customer shall take care of having the voucher returned and the costs related to the same shall be borne by Customer. Service provider shall be entitled to charge and withhold a handling fee of 3€ /voucher in compensation for its costs related to having the voucher issued and the money repaid.

If the voucher cannot be exchanged due to some reason beyond the Customer (Service provider wound up or voucher has been declined, etc….) Service provider shall stand full guarantee and repay the total purchase price of the voucher subject to a justified claim however it shall not be liable to pay any compensation beyond that.

The voucher can be returned by sending it to the address mentioned in the website. Service provider is not in a position to receive post-paid mails due to technical reasons. The purchase price can be repaid only upon having the repayment claim examined, retroactively, by bank transfer or postal cheque.

Service provider shall not be obliged to pay back the purchase price if the voucher fails to be an original version or returned in an intact state (e.g. it is damaged, torn, crumpled, illegible, etc.).

Service provider shall not be obliged to exchange overdue vouchers.

Others

The safety level of the website operated by Service provider is adequate and its use does not constitute any risk that would exceed that of the normal and everyday use of the Internet. Purchases in the website assume the Customer’s awareness of the technical and technological limitations of the Internet as well as the acceptance of the possible faults inherent in the technology.

Service provider shall not be liable for any damage having emerged during accessing the website. The obligation to protect their computer and the data stored on it shall be the Customer’s responsibility.

Service provider shall store the data rendered available to it by the Customer exclusively for the purpose and delivery of the order as well as to enable subsequent verification of the terms and conditions of the contractual relationship to be established. Service provider may not transfer Customer’s data to third party. Service provider shall act in compliance with the prevailing provisions of Act LXIII, 1992 on the protection of personal data and the publicity of public data when handling Customer data.

Service provider shall always be entitled to unilaterally modify the terms and conditions of this GTC. Any eventual modification shall enter into effect at the same time when it appears on the website.

Contracting Parties shall do all the needful to settle their eventual disputes through negotiations. If the legal dispute cannot be settled through negotiations, depending on the value limit, contracting Parties shall stipulate the exclusive jurisdiction of the court competent at the site of the Service provider.