GENERAL TERMS AND CONDITIONS
PLEASE TAKE NOTE THAT HUNGARIAN IS THE LANGUAGE THIS CONTRACT IS CONCLUDED IN! THIS ENGLISH TRANSLATION ONLY SERVES INFORMATIONAL PURPOSES!
1. Business Data
Name: Hungária Koncert Co. Ltd.
Seat: 27 Abonyi Street, Ground Floor 2, Budapest, Hungary, H-1146
Mailbox: 1051. Bp. Pf. 51.
Email Address: [email protected]
Phone/Fax Number: 003613172754 és 003613171377
Hungarian Tax Identification Number: 12032707-2-42
(EU-VAT No.: HU12032707)
Registered by: the Company Registry Court of Budapest-Capital Regional Court
Registry No.: 01-09-369387
(hereinafter referred to as: Hungaria Koncert)
2. Hosting provider:
Name: Hungaria Koncert Co. Ltd.
Seat: 27 Abonyi Street, Ground Floor 2, Budapest, Hungary, H-1146
Email Address: [email protected]
THE SUBJECT MATTER OF THE CONTRACT
1. The current General Terms and Conditions (hereinafter referred to as: T&Cs) govern the individual Contract (hereinafter referred to as: Contract) that was agreed upon by the Business defined in ARTICLE I and a natural person who is acting primarily for purposes which are not related to his or her trade, business or profession (hereinafter referred to as: consumer; consumer and Hungária Koncert in case of a reference to both as: the Parties) and the rights and obligations originating thereof.
2. These T&Cs become an integral part of the Contract.
3.Under the Contract, Hungaria Koncert shall provide the service (hereinafter referred to as: the Program) chosen by the consumer on the Website and the consumer shall pay the purchase price (hereinafter referred to as: the Price).
4. Hungaria Koncert provides the Program according to the description on the Website. The consumer shall pay the Price that was on the Website at the time the order was submitted. The event of a price change between the date of the order and the date of the Programme shall not result in the consumer having to pay any futher amount of money.
5. The consumer is entitled to take part in Program one time. The consumer may order the Program in someone else’s name and may entitle another person to participate in Program with prior notice to Hungaria Koncert.
TERMS OF PARTICIPATION
1. The consumer’s order is immediately, automatically and electronically confirmed via email. The confirmation contains the consumer’s Voucher which shall be presented at the time and place specified in the confirmation either in a printed form or by an electronic device (e.g. phone) and shall be exchanged for an Entry Ticket.
2. The consumer accepts the consequenses detailed in ARTICLE VI paragraph 2 by exchanging the Voucher for an Entry Ticket.
3. Hungaria Koncert excludes all liability for any damage arising from any case where the Voucher sent to consumer is – by a cause occurring on the consumer’s side (e.g.: mistakenly spelled email address, the consumer’s phone being lost or stolen – in possession of others, including also the case when it is used (exchanged) by others.
4. The consumer may – without right to refund – be excluded from the Program if her/his behaviour endangers the safe organization of the Program, she/he violates the rules of conduct (written at the back of the Entry Ticket), or bothers other guests.
5. The approximate starting time of the Program and the time until which the consumer must present her/himself at the venue of the Program is included in the confirmation. If the consumer arrives late (including but not limited to cases of the consumer being wrong about time zones or Daylight Saving Time), Hungaria Koncert is not obliged to guarantee participation in the Program. Hungaria Koncert excludes all liability for the damages caused by or coming from the late start or end of the Program.
THE TECHNICAL STEPS TO BE TAKEN IN ORDER TO CONCLUDE THE CONTRACT
1. During the process of contracting, the consumer while browsing the Website – without being required to register or pay - can place the consumer may place the Programs chosen by her/himself into her/his so called ’Cart’.
2. The Cart contains the Programs chosen by the consumer. Its content is freely modifiable until clicking on the ’Pay’ button. The Contract is not concluded until the ’Pay’ button is pushed, therefore the Parties are not obliged to perform services for each other, therefore the consumer has the liberty to choose until that moment not the conclude the Contract. Pushing the ’Pay’ button is only possible if the consumer has previously accepted the General Terms and Conditions and has given the following data:
b) email address,
3. By clicking on the ’Pay’ button, the consumer orders the Programs currently contained in her/his Cart. The total sum to be paid by consumer may be viewed by the content of the Cart. By clicking on the ’Pay’ button, the consumer accepts the terms of the Contract and accepts these T&Cs as legally binding.
4. Before payment, the Website offers an opportunity to the consumer to check and correct her/his data (noticing and correcting the mistakes in data input).
5. Payment is processed according to the method chosen by the consumer and takes place within the system of the payment providers. Hungaria Koncert does not come into possession of data given to them. Hungaria Koncert excludes all liability for mistakes occurring during the payment process.
6. After the payment is processed, Hungaria Koncert confirms the order to consumer electronically, automatically and practically immediately. In case that does not happen, Hungaria Koncert confirms the order within 48 hours in accordance with the current regulations.
IDENTIFYING AND CORRECTING INPUT ERRORS
7. The mistakes in data input are noticeable and correctible via appropriate, effective and accessible technical means according to ARTICLE IV paragraphs 2 and 4.
1. By sending her/his order, the consumer also states that her/his given data are real, she/he is over 16 years old and she/he has the legal capacity to conclude the Contract or her/his legal capacity is not restrained regarding the scope of affairs that contain the conclusion of the Contract. Hungaria Koncert excludes all liability for any consequence of the data given by the consumer being fraudulent, falsified or false.
2. Hungaria Koncert has the right to process the natural identifying data and address of the consumer in order to conclude, to specify the content of, to modify or amend, to monitor the fulfillment of, to invoice the charges related to, to enforce the claims arising from the Contract aimed at providing the Program.
3. Hungaria Koncert has the right to process the natural identifying data and address of the consumer, and the duration and location when/for which/where the Program will be provided in order to to invoice the charges stemming from the Contract.
4. In addition to the conditions specified in paragraph 2, Hungaria Koncert has the right to process the data that is technically necessary for the provision of the Program.
7. In certain cases the consent may be required for the conclusion of the Contract.
9. The processed data will not be given to third parties and Hungaria Koncert deletes them if the legal conditions are met.
11. The consumer also consents to her/his image and sound being recorded during the Program. However, no consent is required for crowd footages.
THE RIGHT OF WITHDRAWAL AND TERMINATION OF THE CONTRACT
Information on the consumer’s rights based on law
1. The Program ordered by the consumer takes place at a certain time, therefore the consumer does not have a withdrawal or termination right based on law, i. e. the consumer does not have withdrawal or termination right based on § 20 of the No. 45/2014. (II. 26.) regulation of the Government of Hungary, since the contract concluded between the business and the consumer is aimed at a pastime activity and the parties have agreed on a specific date of performance according to § 29 (1) l) of the No. 45/2014. (II. 26.) regulation of the Government of Hungary. Therefore Hungaria Koncert is not within the possibility of returning or refunding the Voucher (or Entry Ticket) purchased.
2. The consumer shall exchange the Voucher that she/he received in the confirmation for an Entry Ticket. By this, the consumer gives an express and previous consent to Hungaria Koncert to the start of the performance and acknowledges that after the performance of the entire service, she/he loses her/his right to terminate the Contract according to § 29 (1) l) of the No. 45/2014. (II. 26.) regulation of the Government of Hungary. Therefore Hungaria Koncert is not within the possibility of returning or refunding the Voucher (or Entry Ticket) purchased.
2a. The consumer may, by her/his choice pay an additional surcharge as a cancellation insurance. In case the consumer buys that, she/he may cancel the reservation without reasoning until 12 (twelve) hours prior to the starting time of the Program. In that case, the additional surcharge is due to Hungaria Koncert as an indemnity. The Price of the Program, however, shall be refunded to the consumer. If no cancellation takes place, however, Hungaria Koncert is still entitled to retain the surcharge (cancellation insurance).
Cancellation, change of program
3. In case the Program is cancelled or all seats are booked, Hungaria Koncert offers the consumer another date the consumer may participate in the Program. If the consumer does not accept the offered date, she/he will be given back the paid amount.
4. In case the Program is essentially changed compared to the time the order was submitted, Hungaria Koncert informs the consumer and proposes modification to the Contract or provides the right of withdrawal. The Parties don’t consider the change to be essential if performers are changed, but the quality remains the same and the nature of the Program is not changed (e. g.: a dance and music performance is not changed to a concert).
1. Information in compliance with the No. 45/2014. (II. 26.) regulation of the Government of Hungary
a) The essential qualities of the Program can be viewed on the Websight, which is constantly accessible and the consumer can read it without registration and other restrictions.
b) The name of the business is in ARTICLE I (Business data).
c) The address, mailbox address, email address, phone and fax number of the business are in ARTICLE I (Business data).
d) The place the business is engaged in commercial activity does not differ from the address according to point c).
e) The whole amount (that includes taxes) needed to be paid for the product or service is generally accessible on the Website, and is individually presented to consumer as the total price of the Programs placed in her/his cart according to ARTICLE IV Paragraph 3. No further costs may occur.
f) Subscriptions or contracts that remain in force for an indefinite amount of time can not be concluded on the Website.
g) The consumer uses her/his own communication device (phone, laptop, tablet, PC, etc.) to conclude the Contract according to her/his own subscription. The business charges no extra fee.
h) The date of performance is the date of the Program chosen by the consumer. Payment is processed in the system of the business’s contracted payment providers with conditions determined by them. The consumer may issue a complaint to the email adress and customer service specified in point n) or following the points v) and w).
i) The conditions of withrawal are specified in ARTICLE VI paragraph 1 of these T&Cs.
k) Information on termination of the contract after the service is started is contained in ARTICLE VI paragraph 2 of these T&Cs.
l) Information on the consumer’s withdrawal rights is contained in ARTICLE VI paragraph 1 of these T&Cs.
m) The sample information sheet about warranties (for non-conforming performance and products) is the Appendix 1 of these T&Cs.
n) The business operates a customer service that can be contacted via the email address or phone number written in ARTICLE I (Business data) and at Zrínyi street 5, Budapest, Hungary, H-1051 (Duna Palota/Danube Palace), between 9 am and 19 pm. During high season, longer opening hours may occur.
The business is not obliged by law to offer mandatory guarantee and offer no such guarantee.
o) The business is not signatory to any code of conduct (in the meaning used by the act of parliament on the prohibition of unfair business practices towards consumers).
p) The Contract does not transform into being unlimited in terms of effect, the Contract is terminated after the Program took place.
q) [Point no longer in force in the regulation.]
r) The obligation of the consumer is to pay the price of the Program, which takes place after payment on the Website (more precisely, through the system of the payment provider).
s) The consumer shall not pay deposit or financial guarantee to the business.
t) All data is encrypted and transmitted securely with an SSL protocol and HTTPS protocoll.
u) The business keeps the data in SQL database. The data are appropriately encrypted.
v) The consumer can issue complaints to the competent district administrative office.
w) The consumer can turn to arbitration board. The arbitration board has the competence to settle the consumer related lawsuit out of court. The arbitration board shall try to achieve a peaceful resolution between the parties, and if that is proven ineffectual, the arbitration board shall decide the case to secure the simple, quick, effective and cost-effective prevail of the consumer rights. The arbitration board gives advice on the consumer’s rights and duties if requested by either the consumer or the business. The competent arbitration board is:
Budapest Arbitration Board,
Seat: 99 Krisztina Boulevard, 3rd floor 310., Budapest, Hungary, H-1016
Mailbox: H-1253 Budapest, Pf.: 10.
2. Information in compliance with § 6:82. Civil Code of Hungary
a) The technical steps to be taken to conclude the contract are specified in ARTICLE IV.
b) The Contract is not qualified is being in written form.
The Contract is filed by the business so as it is able to reserve the seats for the consumer and issue the Voucher. These data may be accessible later.
c) The technical means for identifying and correcting input errors are secured as specified in ARTICLE IV paragraph 7.
d) The language of the Contract is Hungarian. The English translation only serves informational purposes.
e) The activity is not subjected to any code of conduct.
3. information in compliance with § 5 (2) of the E-Commerce Act
a) The business satisfies the requirement of § 5 (2) of the E-Commerce Act with paragraph 2 of this article.
EXCLUSION AND RESTRICTION OF LIABILITY
1. Hungaria Koncert excludes liability for damages arising from
a) the consumer violating either the laws she/he is under the effect of or violating the terms of participation on the Program,
b) the consumer being drunk or intoxicated,
c) a special sensibility (e. g. food intolerance, allergy) previously not expressed by the consumer,
d) a special expectation from the consumer (e. g. anniversary, birthday, proposal, honeymoon), therefore Hungaria Koncert is only liable for those damages and shall warrant for those non-conforting performances that a consumer participating in the Program may in the given case generally expect,
e) a third party act that Hungaria Koncert even with due diligence might not have reasonably foreseen,
f) circumstances that fall outside of the general scope of the planning and organizing of the Programs, so Hungaria Koncert as the planner and organizer of the Programs may not reasonably foresee.
2. Hungaria Koncert excludes liability for any case, when it is not able to perform as contracted due to an unavoidable external cause (including but not limited to flood, other natural catastrophe, war, riot, demonstration, strike, administrative act or legislation). In such case, aside from offering another day to participate in the Program or refunding the Price, Hungaria Koncert has no other obligation.
3. With regard to the outside character of the Programs and the rules that regulate shipping, Hungaria Koncert shall not be held liable for damages arising from the cancellation of the Programs due to weather conditions, and aside from offering another day to participate in the Program or refunding the Price, Hungaria Koncert has no other obligation.
4. Hungaria Koncert has the right to hire subcontractors and other contributors. Hungaria Koncert is to be held accountable for their actions as it had been done by itself.
5. Hungaria Koncert limits its liability at the double of the Price of the Program in case of every damage where it is permitted by the legal regulations. In the interpretation of the current paragraph: Program shall be understood as the Program with which the damage is related to, and not every Program which might have been purchased by the consumer (the content of her/his cart); Price shall be understood as the amount paid by one damaged consumer.
6. In case the Price is obviously incorrectly shown on the Website, Hungaria Koncert
a) shall rightfully provide the Program at the original price and request the difference to be paid by the consumer,
b) withdraw from the conclusion of the Contract.
The consumer may also rightfully withdraw from the conclusion of the Contract instead of paying the difference between the Prices.
In case of argument, the original Price shall be understood as the price previously avalaible on the Website, or the Price shown in the printed flyers of Hungaria Koncert or by its resellers.
1. The texts, pictures and logos on the Website are the rightful copyrights, trademarks, brands or other types of protected material of either Hungária Koncert or the respective copyright owners. The Contract or these T&Cs don’t entitle the consumer to use them.
1. Hungária Koncert issues all the invoices after the consumer’s purchase that it is legally obliged to. The process occurs electronically, automatically and in a short time after the payment is completed.
2. The final amount of Hungária Koncert’s invoice may include a service for which Hungária Koncert fully or partly acts as an intermediary, buying and providing the said service with unchanged attributes but not necessarily at an unchanged price.
1. The following definitive articles and the definitions contained in other parts of these T&Cs together form the applicable meaning of the expression:
a) consumer: a natural person who is acting primarily for purposes which are not related to his or her trade, business or profession,
b) business: the business specified in Article I, when not being referred to as Hungaria Koncert,
c) Program: the service supplied by Hungaria Koncert and chosen by the consumer,
d) Voucher: the confirmation sent to consumer that the consumer shall and has the right to exchange for an Entry Ticket; if the otherwise valid Voucher is by any technical reason not exchanged for an Entry Ticket by Hungaria Koncert, the consumer shall not be excluded from participation on the Program based on that ground,
e) Entry Ticket: the document, item (e. g. bracelet, plastic card) or device (e. g. proxy watch) that entitles the consumer directly to take part in the Program; Hungaria Koncert may unilaterally omit requesting the Entry Ticket,
f) Contract: the individual agreement between the consumer and Hungaria Koncert aimed at the supplement of the Program and which these T&Cs are an integral part of,
g) the Website: budapestxplore.com
2. Cited sources of law:
a) Info Act: Act of Parliament No. CXII. of 2011 on the right of self-determination of information and the freedom of information
b) E-commerce Act: Act of Parliament No. CVIII. of 2001 on questions pertaining to the electronic commercial services and services related to information society,
c) VAT Act: Act of Parliament No. CXXVII. of 2007 on the Value Added Tax,
d) Civil Code: Act of Parliament No. V. of 2013 on the Civil Code.
3. In other cases, the words in the Contract in these T&Cs are to be interpreted according to their general meaning.
4. The titles given to the Articles of these T&Cs only serve easier understanding and clarity and shall have no effect on the Articles.
1. These T&Cs are constantly available on the Website so the consumer may store and recall them.
2. In case any article, paragraph or point of these T&Cs is deemed invalid, ineffective or unenforceable, it shall be viewed as if the Hungária Koncert had promulgated these Terms&Condition without the aforementioned article, paragraph or point.
3. These T&Cs shall be applied to the individual Contracts between Hungária Koncert and the consumer. The Hungarian law shall be applied to any issue not regulated by the Contract or these T&Cs. This shall stipulate an agreement on the applicable law.
4. These T&Cs enter into force on 2018.08.29.
5. These T&Cs can be modified or amended by Hungária Koncert, with it only being applicable to the Contracts concluded from the day the modification or amendment had entered effect. The amendments or modifications can only enter effect the day after they are promulgated on the Website.
The sample information sheet about warranties (for non-conforming performance and products)
In which cases may you refer to warranty rights?
In case Hungaria Koncert performs non-conformingly, you can file a warranty claim against the business according to the regulations of the Civil Code.
What are your warranty rights?
You can ask for repair or replacement, except if the fulfillment of your request is impossible or would cause disproportionate costs for the business compared to other requests. If you haven’t asked for repair or replacement, you may request the price be proportionately lowered or you may at the cost of the business have the fault repaired or – as a final measure – withdraw from the contract.
You may convert between your warranty rights, the costs of the conversion, however, shall be borne by you except in cases where it was justified or the business had given a reason for the conversion.
Which are the deadlines for your warranty rights?
After the fault is discovered, you must immediately, but at most within 2 months bring it to the business’s attention. We, however warn you, that the statute of limitations for the warranty rights are 2 years, after which they will not be enforceable. In case of used items, this term is … but at most 1 year.
Against whom may you claim warranty rights?
You may enforce your warranty rights against the business.
What other conditions does the enforcement of the warranty rights have?
Within 6 months from the performance, there is no other condition than bringing it to the business’s attention, if you prove the product or the service was delivered by Hungaria Koncert. After the 6 months have passed, you have to prove that the fault had already existed at the time of performance.