GENERAL CONTRACTUAL CONDITIONS
Garzon Plaza Ltd.
General Terms and Conditions
(GTC)
I.Introduction
The operator of the Hotel Garzon Plaza**** (hereinafter referred to as: Garzon Plaza) hereby draws the attention of all its visitors to the fact that if they wish to continue using the website or become a consumer of the website operator through the website, they should carefully read the General Terms and Conditions (hereinafter referred to as: GTC) in force at the time,
and the Privacy and Data Security Policy, and only continue to use the website and order the website operator's products available through the website if you agree with all the points of the GTC and consider yourself bound by them, and have understood and accepted the Privacy and Data Security Policy.
In view of the fact that, according to the current Civil Code, Article 6:78, paragraph 1, the general terms and conditions of the contract become part of the contract if its user has made it possible for the other party to know its content before the conclusion of the contract and if the other party has accepted it, the Service Provider declares that it draws the attention of its prospective Customers to the fact that the link to the general terms and conditions in force at the time is available on all offers sent electronically or on paper, as well as on all offers sent by the Service Provider to its customers. https://garzonplaza.hu/ website, available at the Hotel reception on paper and will be indicated to the Guest in the case of a verbal Offer. By accepting the Offer or by submitting a reservation request on the website, the Guest declares that he/she has read, understood and accepted the General Terms and Conditions in force from time to time and the Privacy Policy indicated above.
The present General Terms and Conditions form an integral part of any contract for the provision of the Accommodation Service and/or the related Additional Service as defined in Chapter 2 (hereinafter referred to as the "Service Contract"), which the Service Provider concludes with the Guest (or the Cost Bearer) for the Service under Chapter 2 in accordance with the rules of Chapter 8.
II.Definitions
Terms used in the GTC (and/or the Service Agreement) shall have the following meanings:
Service provider: Garzon Pláza Kft.
head office: 9024 Győr, Vasvári Pál utca 1. building B.
address of service: Hotel Garzon Pláza**** 9024 Győr, Vasvári Pál utca 1. B. ép.
company registration number: 08 09 015113
Tax number: 13995803208
website address: https://garzonplaza.hu/
phone number: +36-96/900-500
e-mail address: [email protected]
individually represented by: Balázs Károly Matusz Chairman CEO
Guest means the party who enters into a Service Contract with the Service Provider, who is in practice a natural person using the Service Provider's Services and who does not fall within the definition of a Co-Resident.
Person(s) Staying with the Guest: the person(s) arriving with the Guest and staying in the Room with the Guest, who uses the Accommodation Service and/or the Additional Service(s) with the Guest. Where the GTC refers to the Guest or makes reference to the Guest, the Guest shall be deemed to include the Person(s) Staying with the Guest, unless otherwise provided in the GTC.
Cost bearer is a natural or legal person or a company without legal personality, who or which pays the Service Provider the consideration due to the Service Provider for the use of the Service. The Guest, the person staying with the Guest or a third party may be the Cost Bearer. Unless otherwise specified in the GTC, the term Guest shall be understood to include the Cost Bearer.
Countervalue or Price or Fee means the monetary fee payable to the Service Provider for the use of a Service, which is payable by the Guest or the Costumer.
Countervalue-part is a specific part of the Countervalue.
Additional Service: other services provided by the Service Provider to its Guests for the purpose of spending leisure time in a meaningful way, maintaining health and improving physical well-being, which are not part of the given type of Accommodation Service, provided that the Service Provider offers or provides such services to the Guests at the time of the Service (e.g. consumption from the minibar of the Room, massage and/or body treatment, shuttle, etc.The scope and the Countervalue of the various types of Additional Services available to the Guests in a given period will be published by the Service Provider on the website or, upon request of the Guest(s), will be separately communicated to the Guest(s) before or during the provision of the Accommodation Service, depending on when the request for the Additional Service(s) arises, but in any case before the request. The scope of the Additional Service(s) may vary or change at different times of the year and the corresponding Additional Service(s) may be requested by the Guest at the time of or after the establishment of the Service Contract, including during the period of provision of the Accommodation Service. The scope, content, conditions and Countervalue of the Additional Services shall always form part of the GTC and their definitions shall be considered annexes to the GTC.
Accommodation Service: the provision of accommodation for a non-permanent stay in the Hotel, including overnight stays and rest, and other services directly related to the provision of such accommodation, such as restaurant services, such as breakfast, which are not included in the Additional Services.
Room: a single, double or twin room or suite at the Hotel. The types of rooms available at any given time can be found on the website.
Hotel: Hotel Garzon Pláza****, which is located in the premises at 9024 Győr, Vasvári Pál utca 1. building B., and which are operated by the Service Provider, Garzon Pláza Kft.
Service: the general Accommodation Service or, if in the Service Contract the Parties have agreed to provide Additional Service(s) or the Service Provider offers such, the summary description of the Accommodation Service and the Additional Service(s).
Service Contract means the agreement between the Contracting Parties, the subject matter of which is the Service.
Contracting Parties: the parties to the Service Contract, i.e. the subjects of the Service Contract and the General Terms and Conditions, which are the Service Provider on the one hand and the Guest or the Cost Bearer on the other.
Website: the https://garzonplaza.hu portal and all its sub-sites, operated by the Service Provider.
Bank card: a substitute for cash payments that a bank can give to its customers who have an account with it. The concept of a bank card also covers credit cards and debit cards. The list of credit cards accepted by the Service Provider is available on its Website and at the reception desk of the Hotel.
III. Governing legislation
The following is a non-exclusive list of laws, whether or not specifically mentioned in the GTC and/or the Service Agreement, which govern the legal relationship between the Service Provider and the Customer:
Act V of 2013 on the Civil Code (hereinafter: Civil Code),
Act CLXIV of 2005 on Trade (hereinafter referred to as the Garden Act),
Act LXXVI of 2009 on the General Rules for the Commencement and Pursuit of Service Activities (hereinafter referred to as the Services Act),
Act CLV of 1997 on Consumer Protection (hereinafter: Consumer Protection Act),
Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers (hereinafter referred to as the Unfair Commercial Practices Prohibition Act),
Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (hereinafter: Info tv.),
Act C of 1990 on Local Taxes (hereinafter referred to as the "Act on Local Taxes"),
on the detailed conditions for the provision of accommodation services and on the procedure for issuing accommodation operation licences (hereinafter: Accommodation Services Decree).
- Scope of these GTC
These GTC will be published by the Service Provider on the Website on 15 November 2019.
The GTC shall enter into force upon publication on the Website and the provisions of the GTC shall apply to Service Contracts entered into on or after the date of publication.
Unless otherwise stated, the GTC shall not apply to a Service Contract concluded prior to its publication on the Website.
The scope of these GTC shall cover all Service Contracts.
The GTC do not cover, or only partially cover, Service Contracts that expressly state that the provisions of the GTC are not or only partially applicable.
The personal scope of these GTC applies to the Service Provider and the Guest or Cost Bearer who concludes a Service Contract with the Service Provider.
All descriptions and information available to the Guest, which define the conditions and content of a given Service or Services, but which are formally separate from the GTC, shall be considered Annexes to the GTC. The subject matter of the GTC also includes the Annexes.
- Creation of the Service Contract
The Service Contract may take different forms between the Service Provider and the Guest or the Cost Bearer.
If the Service Agreement is concluded orally, it is concluded when the offer of one Party (hereinafter referred to as the Offer) is accepted orally by the other Party, including by telephone. An oral Offer must be accepted immediately, otherwise the Service Contract shall not be concluded. In any case, the Service Provider shall send the Guest a written confirmation of the acceptance of the oral Offer (hereinafter referred to as "Confirmation").
If the Service Contract is concluded in writing, such as by e-mail or fax, it is concluded when
the written offer of the Service Provider to establish a Service Contract is accepted in writing by the Guest, or
the Guest verbally accepts the Supplier's written offer to establish a Service Contract, and
The Service Provider will send a written confirmation of the Guest's acceptance to the Guest.
Holiday and other offers, promotions and discounts of the Service Provider published on the website and available at the reception desk of the Hotel shall be considered as an offer, even if they are not individual offers made on behalf of the Guest.
The Service Provider shall specify other services directly related to the provision of the accommodation (e.g. breakfast, half board, etc.) in its Offer or in the annexes to the GTC in force at the time. If there are any Additional Services that the Guest may order, the terms and conditions of such Additional Services shall be communicated to the Guest in the Offer or in the Annexes to the GTC in force at the time.
The Guest may also request the Service Provider to provide a personalised, individual Offer, either in writing or orally.
If the Guest wishes to accept the Service Provider's Offer with a different content, it shall be deemed to be an Invitation to Bid and the Service Provider shall be entitled to send a new Offer or to accept the Invitation to Bid.
If the Service Provider sends a Confirmation with a different content than the one accepted by the Guest, for example due to an administrative error, it shall be considered as a new Offer, which the Guest is entitled to accept or reject according to point 6. If the Guest accepts the Confirmation as a new Offer, the Service Provider shall confirm this to the Guest in writing.
In practice and in general, the content of the Service Contract can be ascertained from the combination of the Offer, the relevant Order and the Confirmation sent by the Service Provider or available on the website and at the reception desk of the Hotel.
An exception to this is if the Contracting Parties conclude a separately named Service Contract between themselves.
The minimum terms and conditions of the Service Contract are set out in these GTC.
In the event of a dispute between the Contracting Parties regarding the conclusion and/or the content of the Service Contract and the termination of the Service Contract with or without contractual performance, the Contracting Party shall be obliged to prove the conclusion and/or the content of the Service Contract and the termination of the Service Contract with or without contractual performance and to provide evidence in the event of a dispute, who invokes the conclusion and/or the specific content of the Service Contract and the termination of the Service Contract with or without performance, whether orally or in writing (including by e-mail) or, in the case of a written form, the fact that the Service Contract may not meet the requirements of a private document with full probative value.
- Minimum content of the Service Contract
The Service Contract shall, unless otherwise provided, at least include:
the date or duration of the Accommodation Service, i.e. the day of arrival (hereinafter referred to as the "Arrival Date") and the day of departure (hereinafter referred to as the "Departure Date"),
the Guest's name,
the Guest's email address and/or home address and/or
your phone number,
the number of Persons arriving and staying with the Guest,
the type of Accommodation Service, including the type of Room and the type of accommodation requested, or, where more than one Accommodation Service is used, the number of Accommodation Services and, where different types of Accommodation Services are used, the number of Accommodation Services separately for each type of Accommodation Service,
the amount of the Consideration and the payment method preferred by the Guest,
an indication if it is a non-refundable payment of the Countervalue,
and, if the Guest and the Cost bearer are not the same person, the name, address or registered office of the Cost bearer and, in the case of a company, the tax number of the Cost bearer, with the understanding that in this case the Service Provider will conclude the Service Contract with the Cost bearer.
the Additional Service(s) requested, if the Additional Service(s) were already known to the Guest before the provision of the Accommodation Service commenced.
If the minimum content of the Service Contract as set out above is not clearly stated in the Service Contract itself, the content of the Service Contract shall be supplemented by the Offer(s) and ultimately by these GTC in force and in effect at the time of conclusion of the Service Contract.
The Service Contract is for a fixed period (the period between the Arrival Date and the Departure Date, including these two days).
By entering into a Service Contract
the Service Provider undertakes to provide the Accommodation Service(s) specified in the Service Contract and in these GTC and, if such service(s) is (are) specified in the Service Contract, the Additional Service(s) under the Service Contract to the Guest and the Person(s) staying with the Guest in accordance with the Service Contract,
the Guest
agrees to use the Service together with the Resident, if any, who is staying with him/her,
is responsible for the conduct of the person(s) staying with him/her,
to pay the Service Provider the consideration for the Services used in due time, even if the Costumer is a person other than the Service Provider, but the Costumer fails to perform within the time limit.
The Service Provider and the Guest are entitled to modify the content of the Service Contract at their mutual and unanimous will.
VII. Termination of the Service Contract
The Service Contract shall terminate upon its contractual performance and the parties may terminate the Service Contract by mutual agreement at any time, either orally or in writing.
The Service Contract cannot be terminated by ordinary termination. Cases of extraordinary termination
The Guest is entitled to terminate the Service Agreement with immediate effect by giving notice of termination in the unforeseen event that
the Service Provider provides the Service to the Guest (and the Person Staying with the Guest) under the Service Contract in a manner that seriously breaches the provisions of the contract and fails to ensure the contractual condition despite the Service Provider's request,
the Service Provider, or any person acting for or on behalf of the Service Provider, or any other Guest, engages in any conduct vis-à-vis the Guest (and/or any other Person staying with the Guest) which is manifestly contrary to the peaceful stay and relaxation in the Hotel or to the requirements of human coexistence, or which is flagrant or intolerable and which the Service Provider fails to remedy despite being requested to do so,
the Service Provider or any person acting for or on behalf of the Service Provider or any other Guest is suffering from a contagious disease that endangers the health of the Guest (and the person staying with the Guest),
except that in the case of sub-paragraphs a/ and b/, termination with immediate effect need not be preceded by a prior notice if the conduct complained of is so serious that the Customer cannot be expected to continue the Service Contract.
The Service Provider shall be entitled to terminate the Contract with immediate effect by means of an extraordinary termination in the unexpected event that
the Guest (and/or any other person staying with the Guest) damages the Hotel, including the Room, the furnishings, accessories, other movable property or real estate owned or possessed by the Service Provider and/or uses the Hotel contrary to its intended purpose and does not stop using the same despite being requested to do so,
the Guest (and/or the person staying with him/her) does not comply with the safety regulations and rules of the Service Provider, behaves in a disrespectful or rude manner with its employees, is under the influence of alcohol or drugs, or engages in threatening, abusive or other unacceptable behaviour, engages in scandalous or intolerable behaviour towards other Guests or other persons staying in the Hotel which is contrary to the peace and quiet of the Hotel or to the requirements of human coexistence and human dignity and does not cease to do so despite being requested to do so,
the Guest commits a criminal offence,
the Guest (and/or any other person staying with the Guest) suffers from a contagious disease that endangers the health of other Guests and/or other persons staying with the Guest or of personnel acting in the interest of or for the benefit of the Service Provider,
except that in the case of subsections a./ - d./, termination with immediate effect need not be preceded by a prior notice if the conduct complained of is so serious that the Service Provider cannot be expected to maintain the Contract.
In the event of any of the above cases of extraordinary termination, the Guest's obligation to pay the Countervalue shall be suspended at the same time as the extraordinary termination.
If the Service Contract is terminated by the Customer for one of the reasons set out above, the Customer shall pay the Service Provider the Countervalue of the Services already used. In this case, the Guest shall not be obliged to pay the Countervalue of the Services not yet used. If the Guest has already paid the Countervalue of the Services not yet used (e.g. by prepayment), it will be returned to him in the same way as the payment was made.
If the Service Contract has been terminated by the Service Provider for reasons attributable to the Guest, the Service Provider may claim the full amount of the Countervalue under the Service Contract, but may waive this right in whole or in part at its discretion.
This provision does not affect the obligation of the Service Provider or the Customer to pay compensation under the law.
The Service Contract terminates upon the death of the Guest.
If the Service Contract between the parties is not fulfilled for "force majeure" reasons, the contract shall be terminated.
A "force majeure" is a cause or circumstance (for example: war, fire, flood, adverse weather, power failure, strike) over which neither party has control and therefore either party is relieved of its obligations under the Service Contract for as long as such cause or circumstance exists. The Service Provider and the Customer (Cost Bearer) agree to use their best endeavours to minimise the possibility of such causes or circumstances occurring and to remedy any damage or delay caused thereby as soon as possible.
VIII.Relationship between the Service Contract and the GTC
By entering into the Service Agreement, the provisions of the GTC shall also apply and bind the Contracting Parties.
The current GTCC fills in the content of the Service Contract, if necessary, and interprets, explains, supplements and expands the provisions of the Service Contract.
The GTC and the Service Contract together contain all the declarations of the Contracting Parties, i.e. the Service Provider and the Guest (or the Cost Bearer), unless the Contracting Parties conclude an additional agreement in connection with the Service Contract.
In the event that the Parties mutually agree to deviate from the current GTC in the Service Contract or other agreement, the Parties shall be deemed to be bound by the Service Contract or other agreement.
- General provisions on the legal relationship and other matters arising under the Service Contract
As stated above, the current GTCs explain, detail and contain the general terms and conditions of the legal relationship between the Service Provider and the Guest (or the Costumer) entering into a contractual relationship with the Service Provider.
Specific, individual terms and conditions do not form part of these GTC, but do not preclude the conclusion of separate agreements, such as other contracts, with the Guest.
The GTC also do not exclude the possibility for the Service Provider to conclude contracts with travel agents, tour operators or other third parties, with content and conditions appropriate to the type of transaction.
Accordingly, in the event of a request for the provision of a group accommodation service, the Service Provider is entitled to make the conclusion of the Service Contract subject to conditions other than those set out in these GTC.
The Service Provider shall provide the Service in accordance with the Service Contract and the GTC, to the standard of the Hotel's classification, in accordance with the applicable legal requirements and to the highest professional standard expected of the Service Provider.
The Service Provider may provide different types of Accommodation Services at the same time.
Additional Services are not part of the Accommodation Service, and therefore cannot be requested by the Guest as part of the specific type of Accommodation Service. Accordingly, if a Service is directly related to a particular type of Accommodation Service and therefore constitutes a part thereof, it does not necessarily mean that the same Service is also part of another type of Accommodation Service, and therefore, in the latter case, the Guest may only use it as a Supplementary Service (including its Value), subject to the terms and conditions (including its Value) agreed with the Service Provider.
The Service Provider shall provide the Guest with information on the provision of the various types of Services available in the given period, with the exact content of the information provided, orally or in writing, prior to the provision of the Service.
If the Service Provider offers and organises programmes as a separate Service, the Service Provider will only offer the programmes if a minimum number of Guests apply for them, and the Service Provider will draw attention to this when advertising the Additional Service.
- Rights and obligations of the Parties - Rights and obligations of the Contracting Party
The current GTC, the Service Agreement, the rules and regulations in force at the Service Provider, as well as the applicable legislation, define the rights and obligations of the Contracting Parties. Therefore, the following list is not intended to be exhaustive, but merely illustrative, highlighted and named.
Under the Service Contract, the Guest (and the person staying with the Guest) is entitled to use the booked Room and the facilities of the Hotel for the purpose intended, which are included in the normal scope of services and are not subject to special conditions.
The Guest may complain about the performance of the services provided by the Service Provider during the stay at the Hotel. The Guest's right to complain shall cease after his departure from the Hotel.
The Guest (Cost Bearer) is obliged to.
to pay for the Services ordered and used in the Service Contract by the date and in the manner specified in the Service Contract.
to pay the full amount of the consideration for the Services specified in the Service Contract, even if you have not used them or have used them only partially, if the conditions set out in the GTC in force at the time have been met (see also: cancellation conditions, failure to use the Service).
to pay to the Service Provider or a third party any special charges or damages suffered by the Service Provider or a third party in connection with an event or occurrence not specified in the Service Contract but which is related to the Service Provider's or a third party's use of the Service or conduct or caused by or in connection with the Service Provider or a third party (see also, for example, the following: illness or death of a Guest and Chapter 18, point 10).
The Guest shall ensure that any child under the age of 14 under his/her responsibility is only under the supervision of an adult in any part of the Hotel, including the Room and common areas.
The Guest shall comply with the provisions of the Service Contract and the GTC in force at the time, the provisions of the various house rules in force at the Service Provider and the applicable legislation.
The Guest shall refrain from any act which is manifestly contrary to the peaceful stay and relaxation in the Hotel or to the requirements of human coexistence, scandalous or intolerable behaviour or criminal offence.
The Guest must refrain from bringing his/her own food and/or beverages into the Hotel.
XI.Rights and obligations of the parties - Rights and obligations of the Service Provider
The Service Provider shall be entitled to the Countervalue of the ordered or used Service, unless otherwise provided for in the Service Contract or the applicable GTC.
The Service Provider shall have a lien on the Guest's belongings that the Guest has brought with him/her to the Hotel to secure his/her claim arising from the Service and the related Countervalue.
The Service Provider is entitled to order the Guest (and any other person staying with the Guest) to take police or other measures, if necessary.
The Service Provider shall comply with the provisions of the Service Contract and the GTC in force at the time, as well as other internal rules and regulations, and shall represent and promote the interests and rights of the Guest to the fullest extent possible.
The Service Provider shall take all measures necessary for the uninterrupted provision of the Service.
The Service Provider shall be obliged to refund the Countervalue or part of the Countervalue if the conditions set out in the GTC in force at the time have been met (see e.g.: Cancellation conditions).
XII. Placement guarantee
If the Service Provider is unable to provide the Services provided for in the Service Contract due to its own fault (e.g. overloading, temporary operational problems, etc.), it shall immediately arrange accommodation for the Guest.
The Service Provider shall:
to provide/offer the Services included in the Service Contract, at the price confirmed therein, for the period specified therein or until the impediment ceases, in another accommodation of the same or higher category. All additional costs of providing the substitute accommodation shall be borne by the Service Provider.
provide the Guest with a free telephone call to inform him/her of a change of accommodation
the difference between the price of the replacement accommodation offered to the Guest and the price of the accommodation booked will be reimbursed by the Supplier
If the Service Provider fully complies with these obligations and the Guest has accepted the alternative accommodation offered to him, the Contracting Party may not claim any subsequent compensation.
XIII. Cancellation conditions
Unless the Service Provider has specified other conditions or the Contracting Parties have specified other conditions in the Service Contract, the Service may be cancelled without penalty after the 7th day prior to the Arrival Date. In this case, the Countervalue paid shall be returned in full to the Guest (Cost Bearer) and reimbursed to the Service Provider in the same way as the amount was received by the Service Provider.
If the Service Provider has not set any other conditions or the Contracting Parties have not set any other conditions in the Service Contract, and the Guest cancels the Service within 7 days prior to the date of arrival, the Service Provider is entitled to charge the full amount of the Countervalue specified in the Offer (Service Contract) as a penalty. The Service Provider reserves the right, in certain cases specified by the Service Provider, to set the penalty-free cancellation period at 30-60 days, subject to other conditions being applied at the same time. In such cases, the Supplier shall inform the Guests in advance.
If the Guest has ordered the Service by paying a non-refundable Countervalue, the Guest will not receive a refund of the Countervalue paid even if the Service is cancelled.
XIV. Occupation of the Rooms and departure
The Guest and the Person(s) staying with the Guest shall be entitled to occupy the Room corresponding to the Service from 15:00 on the Arrival Date and shall leave the Room no later than 10:00 on the Departure Date.
If the Guest (and any other Person(s) staying with him/her) wishes to occupy the Room corresponding to the Service before 15:00 on the Day of Arrival, the Service Provider may claim the amount of the Counter-Value, which is set out on the Website and at the reception and is annexed to the GTC.
A double room can accommodate a maximum of two minors under the age of 12 sharing with one or two adult guests. The Service Provider may, by individual agreement, deviate from the maximum number of guests.
If more than two persons under the age of 12 years staying together, more Rooms must be booked in advance, taking into account the maximum number of persons set out in point 3, but the Service Provider may, by individual agreement, deviate from the number of persons set out in point 3.
If the Guest permanently leaves the Room before the end of the set period (the Check-out Date), the Service Provider is entitled to 100% of the Counter Value of the Services ordered.
TheService Provider is entitled to resell any Room vacated before the expiry date, i.e. the Departure Date.
- Extension
An extension means an increase of the Service Contract by at least 1 night.
In any case, the extension of the use of the Service initiated by the Guest requires the prior consent of the Service Provider. In the case of an extension, the Service Provider may request reimbursement of the Service already provided.
The Service Provider has no obligation to fulfil the extension request. The Supplier shall make the extension conditional upon the Hotel being full. If the Service Provider accepts the extension request, it may, in addition to the provisions of Clause 15.2, request that a new Service Contract be concluded for the extension period.
The Room and the Service(s) to be extended will be subject to the Prices in force on the original Check-Out Date, without discounts. The Supplier may, in its reasonable discretion, deviate from this rule for the benefit of the Guest.
The Guest must notify the Hotel reception desk of any extension of the use of the Service by 10:00 a.m. on the Check-Out Date at the latest.
XVI. Failure to use the service
In the case of a Guest who has not arrived without prior notice, if the Guest has provided the Service as provided for in the Service Contract, the amount of the Countervalue of the total Service ordered, as stated in the Offer accepted and confirmed by the Guest, will be charged.
In this case, the Guest (Cost Bearer) is obliged to pay the unpaid part of the Countervalue to the Service Provider.
If the Guest (Cost Bearer) has guaranteed the reservation with credit card details (including credit card details), the Service Provider is entitled to debit the account of the credit card up to the total amount of the Countervalue.
If the Guest Service is non-refundable. If the Guest has ordered the Service by payment of a Counter-Value, the Guest shall not be reimbursed for the Counter-Value paid in the event of non-appearance, i.e. in the event of non-use of the Service.
The Service Provider may set different terms and conditions from those set out above in an individual Service Contract for the ordering of its Offers subject to special conditions, group travel or events.
XVII. Illness or death of a guest
If during the period of use of the Service, the Guest (and/or the Co-Resident) falls ill and is unable to act in his/her own interest, the Service Provider will offer medical assistance.
In the event of the illness/death of a Guest, the Service Provider may claim compensation from the sick/deceased Guest's relatives, heirs or the Costumer for any medical and procedural expenses and any damage caused to the Room or the Hotel, the furnishings and the removal of the body.
The Service Provider claims the Countervalue of the Services used by the deceased Guest prior to the death.
XVIII. The consideration due to the Service Provider in exchange for the Service and the payment thereof
The Guest or the Costumer shall pay the Service Consideration
by advance bank transfer, and
cash on the spot, or
on the spot by credit card, or
must be settled by combining them.
The types of credit cards accepted by the Service Provider will be published by the Service Provider on the Website and at the reception desk of the Hotel.
The Guest shall be entitled to pay the Service Provider the Countervalue or a part of the Countervalue in Euros, provided that in this case the exchange rate published at the Hotel reception desk on the day of payment and unilaterally determined by the Service Provider shall prevail for the conversion of the Countervalue in Hungarian Forints into Euros.
The Service Provider will differentiate the Value for Money (i.e. the Value for Money of the Accommodation Service and the Ancillary Service) resulting from the Service Contract according to age for accommodation of 2 adults in the same room as follows:
Between the age of 0 and 3 years, the person concerned is not obliged to pay for the placement in an extra bed under the Service Contract.
for children between 3 and 6 years of age, in the case of accommodation in an extra bed, the child concerned must pay HUF 4,500 to the Service Provider
over the age of 6 years in an extra bed must pay HUF 9,500 to the Service Provider concerned.
The Countervalue consists of three parts:
Price of accommodation service
Value of additional service
Taxes (VAT and tourist tax)
The Service Provider guarantees the use of the Service
50%, which can be done by prepayment or by providing your credit card details and by debiting the Service Provider the amount of 50% of the Countervalue of the Services ordered and confirmed, or
in the case of a special offer, so-called non-refundable order, the total amount of the Countervalue of all Services specified in the Offer accepted and confirmed by the Guest or in the Confirmation will be charged at the time of the order, which cannot be refunded to the Guest (Cost Bearer).
The Service Provider - in addition to the above - makes the use of the Service subject to the following condition: the Guest shall pay the full amount of the Countervalue according to the Confirmation to the Service Provider simultaneously with the check-in, by one of the methods specified in 18.1. In practice, this means pre-payment of the remaining 50% Counter-Value before occupation of the Room.
The Service Provider shall specify in the Offer the Countervalue for the Service and the statutory tax rates applicable at the time of the Offer.
The Contracting Parties are bound by the Countervalue(s) set out in the Offer accepted and confirmed by the Guest and may not unilaterally change the Countervalue of the Service.
The Service Provider shall also specifically mention below, by way of example, Additional Services, given that they are different from the usual contractual practice and may be used for an additional fee.
Compulsory cleaning service In case of non-usual use of the room
In the event that the Guest(s) or Co-Roomer(s) smoke(s) in the non-smoking Room, or perform(s) activities in the Room that are incompatible with the Accommodation Service or the Additional Service, which significantly exceed the normal cleaning of the Room, the Service Provider is entitled to charge a separate fee.
The current Charges for the Counter-Value for the mandatory cleaning service can be found on the Website and at the Hotel reception and are considered an annex to the current GTC.
Excess use
In the event that the Guest (and the Person(s) staying together) does not leave the Room within the time limit, the Service Provider shall be entitled to charge the Guest for the additional use of the Room (hereinafter referred to as the "Additional Use Fee"), the amount of which shall be published by the Service Provider on the Website and available at the reception desk and shall be considered an annex to the current GTC.
The Guest shall pay the Service Provider the Excess Usage Fee, if any, as part of the Countervalue.
Parking
In the event that the Guest (and the Shared Guest(s)) requires a parking space, the Guest may notify the Hotel Reception of the request. The Service Provider may claim a Counter-Value based on the number and duration of the parking spaces used, which is available on the Website and at the Hotel reception and is considered an annex to the current GTC.
Current Countervalues, Prices, Discounts, Promotions, Offers, and other Offers on https://garzonplaza.hu are advertised on the website and at the Hotel reception.
The Service Provider is free to change the advertised Prices without prior notice, but the change does not affect the fees indicated in the Confirmation, Service Contract.
The current room rates are posted at the reception desk of the Hotel.
Prices for Additional Services are available at the location where the Service is used, e.g. minibar prices in the Room.
The then-current Prices for the Services shall be deemed to be an integral part of, and annexed to, the then-current GTC and shall be read in conjunction with the GTC.
The Service Provider shall issue invoice(s) for the Countervalue(s) due to it in accordance with the provisions of the applicable legislation.
XIX. Complaints handling
The Guest or the Person(s) staying with him/her (hereinafter referred to as the Complainant) may communicate any complaint (hereinafter referred to as the Complaint) to the Service Provider at the reception desk of the Hotel on the Check-out Day at the latest, orally or in writing, regarding the conduct, activity or omission of the Service Provider or of any person acting in the Service Provider's interest or for the Service Provider's benefit, the quality or nonperformance of a given Service, or the quality of the Room, its objects and the quality of the Hotel (hereinafter referred to as the Complaint), which may arise during the period of the Accommodation Service.
The Service Provider shall investigate the complaint and respond to it in accordance with the Complaints Handling Policy.
- Liability for damages
The Service Provider shall be liable for any damage caused to the Guest by the fault of the Service Provider's employees or person(s) acting on the Service Provider's behalf, within the Hotel.
The Service Provider shall not be liable for damages caused by an unavoidable cause beyond the control of the Service Provider's employees and guests, or caused by the Guest himself.
The Service Provider is liable for damage caused by the loss, destruction or damage of the Guest's belongings only if the Guest has placed the damaged belongings in the central safe of the Hotel.
The Service Provider's liability is excluded if the Service Provider proves that the damage to such property placed in the Room or in the central safe was caused by an unavoidable cause beyond the control of the Hotel's employees and other Guests or by the Guest himself.
The Service Provider is entitled to designate rooms in the Hotel to which the Guest (and/or the person staying with him/her) is not entitled to enter, for which the Service Provider shall not be liable for any damage, which shall be deemed to be caused by the Guest (and/or the person staying with him/her).
The Service Provider shall be liable for any damage caused by the Hotel's deficiencies, provided that it is not to be assessed in addition to the breach of contract or according to the rules of damage caused by the breach of contract, if the Service Provider has violated the rules on maintenance and/or if the Service Provider has not acted as it would normally be expected in the given situation in order to prevent damage during maintenance. In case of doubt, the Service Provider shall be obliged to prove that the maintenance rules have been observed and that the Service Provider has acted as would normally be expected in the given situation in order to prevent damage during the maintenance. The liability of the Service Provider for damages other than breach of contract or caused by breach of contract shall be governed by the provisions of the Civil Code.
The maximum amount of compensation from the service provider is determined by Act V of 2013.
The Guest must report the damage to the Service Provider immediately after the damage is discovered and provide the Hotel with all the necessary information required to clarify the circumstances of the damage and, if necessary, to record a police report/procedure.
The Guest shall be liable for any damage caused by the Guest and/or any other person staying with the Guest to the Service Provider or any other third party, regardless of whether the injured party has the right to claim compensation for the damage directly from the Service Provider.
In the event that it is discovered after the Guest's final departure that the Guest has undoubtedly caused material damage to the Service Provider or to another Guest or to a third party, the Service Provider is entitled to claim the amount of the damage from the Guest, even if it is charged to the credit card. In such a case, the Service Provider shall keep the evidence beyond reasonable doubt in its original state for 3 years and make it available to the competent authorities if necessary.
In the event that, after the Guest's final departure, it is suspected that the Guest has caused material damage to the Service Provider or other Guests or third parties, the Service Provider is obliged to initiate police proceedings against the Guest in order to clarify the facts and is obliged to hand over all evidence in its possession to the competent authority.
The Service Provider is entitled to determine the extent of the damage to property caused by the Guest and/or the person staying with the Guest. If the Guest and/or the Person Staying with the Guest disputes the amount of the damage caused by the Guest and/or the Person Staying with the Guest, the Guest may appeal to the superior of the employee who determined the amount of the damage. If the Guest and/or the person staying with him/her still does not accept the amount of the damage assessed, he/she may take legal action in accordance with the legislation in force at the time.
If either of the contracting parties communicates data to the other party on a digital medium or via the Internet, it shall ensure that the data are safe, secure and virus-free by means of an appropriate virus protection device. If either Party fails to comply with this obligation and damage is caused to any computer or system of the other Party, the Party in breach of its obligation shall be liable for the full amount of the damage.
XXI. Data Processing
Data processing is governed by the provisions of the Privacy and Data Security Policy in force at the Service Provider at any given time, which is formally separate from the GTC.
XXII Confidentiality
The Service Provider declares that all information and data that it has obtained in relation to the Guest and/or the Persons staying with the Guest will be treated as confidential and will remain confidential for 10 years from the date of its disclosure. The protection of the data is otherwise ensured by the operation of the provisions of the Privacy and Data Protection Policy.
XXIII Other provisions
Where these GTCs confer a right or an obligation on the Service Provider, the rightholder, exerciser or performer of the obligation shall be, first and foremost, the Service Provider's employees holding at least a middle management position, for example, the Front Office Manager, Sales Manager and only secondly the Service Provider's Managing Director.
An employee holding such a position is obliged to investigate the circumstances of the case in detail and to exercise his/her rights and obligations on that basis.
If the Guest or the person staying with him/her disagrees with the decision of the said employee, he/she may submit a complaint to the employee's superior, unless the GTC in force at the time lay down special rules for the settlement of the complaint.
If the Service Contract is concluded with the Service Provider by persons using the Service as Guests together on the legitimate side, these Guests shall be considered as joint and several obligors with regard to the concluded Contract.
Should any provision of the Service Agreement and/or the GTCs, which form an integral part of it, be invalid in whole or in part, this shall not affect the validity of the remaining provisions. By way of interpretation or addition, a provision must be found which achieves the economic objective pursued by the invalid provision within the limits permitted by law.
Certain provisions of the Service Agreement and the GTC, and the Annexes thereto, wherever placed or communicated, shall be understood and applied by the Parties as part of the agreement between the Parties and in accordance with their actual content.
The Service Provider shall be entitled to unilaterally modify the information, promotions, offers and discounts for the provision of various types of Accommodation Services and/or Additional Services, as well as the relevant policy(ies), at any time and in the same manner as unilaterally amending the GTC, provided that such modifications shall not affect the content of the Service Contracts already concluded.
The Service Provider reserves the right to amend these GTC to bring them into line with the legal background and other internal regulations that may be amended in the meantime.
The current version of the Terms and Conditions is available on the website https://garzonplaza.hu and is also available in paper form at the reception desk of the Hotel.
The GTC and any amendments thereto shall enter into force upon publication.
During the term of the Service Agreement and the GTC, the Parties shall act in their activities with due regard for the rights and interests of the other Party, without hindering or impeding the other Party's operations, and shall make every effort to resolve any disputes arising in connection with the Service Agreement amicably.
With regard to matters not regulated herein, the Hungarian laws and regulations in force at the time and the provisions of the Civil Code shall apply to the activities of the Service Provider without any special stipulation.
Date: 15 November 2019
Balázs Károly Matusz
Managing Director Garzon Pláza Kft.
