GENERAL TERMS AND CONDITIONS
DBI Duna Hotel Kft.
effective: 13 November 2017
Contents:
- Data of the Hotelier
- General
- Contracting Party
- Conclusion of Contract, method and amendment of booking, obligation for notices
- Terms of cancellation
- Prices
- Payment terms
- Stages for online booking and online payment
- Method and conditions for the use of the service
- Pets
- Refusal of the performance of the contract, termination of the service obligation
- Sickness, death of the Guest
- Rights of the Contracting Party
- Obligations of the Contracting Party
- Liability for damages of the Contracting Party
- Rights of the Hotelier
- Responsibilities of the Hotelier
- Liability for damages of the Hotelier
- Confidentiality
- Applicable law, jurisdiction for the legal relations of the Parties
1. Data of the Hotelier
Trade name: DBI Duna Hotel Korlátolt Felelősségű Társaság (DBI Danube Limited Liability Company)
Short name: DBI Duna Hotel Kft.
Registered office: 7030 Paks, Dózsa György út 75.
Phone: +36 75 510 258
Tax number: 25942589-2-17 (EU VAT No. HU25942589)
Trade registry number: 17-09-011417 (REG No. 17-09-011417)
2. General
2.1. These “General Terms and Conditions” (hereinafter: GTC) cover the terms and conditions for the use of Hotelier’s hotel rooms and the services offered there.
2.2. Hotelier is authorized to conclude a special agreement on the services offered by it, the special provisions of which may differ from the provisions set forth herein.
2.3. These GTC may be amended by Hotelier. The provisions of the amended GTC are applicable following the entry into force of the amendment to the inquiries to be sent out by Hotelier, as well as to the contract to be made on the basis of those.
3. Contracting Party
3.1. The Contracting Party is a natural person or legal entity or any other entity, who order and/or use the services of Hotelier. Contracting Parties include also natural persons, who actually use the service of Hotelier. Entities ordering and/or using the services are hereinafter called collectively: Guest. Hotelier and Guest – provided that the conditions are fulfilled – become contracting parties – hereinafter collectively: Contracting Parties.
4. Conclusion of the contract, method and amendment of booking, obligation for notices
4.1. Hotelier will send an offer for the inquiry of the Guest, which has been submitted orally or in writing – by mail, online, by fax, e-mail -. If no particular written order for accepting the offer of Hotelier is received within 48 hours of the sending of the offer, then Hotelier will not be bound to the offer any more.
4.2. The contract is realized as soon as the booking of the Guest submitted in writing by mail, online, by e-mail or by fax is confirmed by Hotelier in writing, thus it will be deemed a contract made in writing.
4.3. Bookings, agreements, amendments made in words, or the confirmation thereof by Hotelier in words do not generate any contract or amendment of contract, unless all of the parties confirm these in writing.
4.4. If an order is placed by the Guest personally at Hotelier, the Guest undersigns the printed order form on the spot about the service ordered by it. The order is confirmed on part of Hotelier by the signing of the order form by an employee of Hotelier at the reception desk of Hotelier, which is deemed a contract made in writing.
4.5. The contract about the use of a hotel-service is in each case for definitive period of time.
4.6. If the Guest leaves the room definitely before the expiry of the definitive period set out in the contract of the Parties, Hotelier is entitled to the full price of the service defined in the contract of the Parties – and ordered by the Guest – irrespective of the fact that this service has not been used in part by the Guest.
4.7. The room, which has become free prior to the expiry period as referred to in clause 4.6, may be re-let again by Hotelier.
4.8. The extension of the use of the hotel-service proposed by the Guest requires the prior written approval of Hotelier. In this case Hotelier is authorized to claim the payment of the price of the service already performed as a condition for the extension.
4.9. The amendment and/or the completion of the contract require a written agreement to be signed by the Parties.
4.10. The Parties may deviate from those set out herein by an ad hoc agreement, in which case the legal relations between the Parties are defined by those set out in the ad hoc agreement.
5. Terms of cancellation
5.1 Until the receipt of the written confirmation sent by Hotelier the Guest is authorized to withdraw from the hotel-service without any penalty.
5.2. The terms of cancellation are different for the soc. individual booking, which includes not more than 10 natural persons, and for group booking, which applies for booking by or for more than 10 natural persons. The conditions of cancellation are governed by special, different provisions in the high-season periods as well as for the non-refundable price category. (see 5.4, 5.7, 5.8)
5.3. Terms of cancellation other than in high-seasons, for individual booking:
5.3.1. Following the receipt of the written confirmation of Hotelier the Guest is entitled to cancellation without penalty on the day prior to the date of the arrival until 14 p.m. in case of booking for not more than 10 persons.
5.3.2. Following the receipt of the written confirmation of Hotelier the Guest may amend or cancel its booking in case of booking for not more than 10 persons within 24 hours prior to the date of arrival against the payment of the full price of the services set forth in the booking, i.e. the payment of a penalty of 100% of the price. If the amendment pertains only to the use of additional services beyond those set forth in the confirmation of Hotelier, then the Guest is not obliged to pay any penalty, and in this case the additionally required service(s) is(are) subject to a written agreement of the Parties.
5.4. Terms of cancellation in high-seasons, for bank holidays, and for the non-refundable price category in case of individual booking:
5.4.1. Following the receipt of the written confirmation of Hotelier the Guest may amend or cancel his booking without penalty until the 8th day prior to the date of arrival in case of booking for not more than 10 persons.
5.4.2. Following the receipt of the written confirmation of Hotelier the Guest may amend or cancel his booking in case of booking for not more than 10 persons on the 7th day or within 7 days prior to the date of arrival against the payment of the full price of the services set forth in the booking, i.e. the payment of a penalty of 100% of the price. If the amendment pertains only to the use of additional services beyond those set forth in the confirmation of Hotelier, then the Guest is not obliged to pay and penalty, and in this case the additionally required service(s) is(are) subject to a written agreement of the Parties.
5.5. Terms of cancellation for group booking (including high-seasons):
5.5.1. Bookings for groups of more than 10 persons may not be cancelled by the Guest without any penalty following the receipt of the written confirmation of Hotelier.
5.5.2. Bookings for groups of more than 10 persons can be amended or cancelled by the Guest until the 45th day prior to the date of arrival, and against the payment of a penalty of 25% of the total price of all the services ordered and confirmed by Hotelier (amount of rooms, rental for halls and technology, catering – e.g. meals, coffee breaks – and any other services ordered).
5.5.3. Bookings for groups of more than 10 persons can be amended or cancelled by the Guest until the 30th day prior to the date of arrival, and against the payment of a penalty of 50% of the total price of all the services ordered and confirmed by Hotelier (amount of rooms, rental for halls and technology, catering – e.g. meals, coffee breaks – and any other services ordered).
5.5.4. Bookings for groups of more than 10 persons and for conferences and events can be amended or cancelled by the Guest until the 15th day prior to the date of arrival, and against the payment of a penalty of 100% of the total price of all the services ordered and confirmed by Hotelier (amount of rooms, rental for halls and technology, catering – e.g. meals, coffee breaks – and any other services ordered).
5.5.5. If the amendment of the booking concerns only the use of additional service(s) beyond those set forth in the confirmation of Hotelier, the Guest is not obliged to pay any penalty, and in this case the additional service(s) requested can be agreed upon by the Parties in writing.
5.6. If the Guest pays an advance money at the time of booking or thereafter for Hotelier – as agreed by and between the Parties – , but the service set forth in the booking and confirmed by Hotelier is not used by the Guest in whole or in part and/or it is cancelled by him in whole or in part, then the entire amount of the advance money paid is due to Hotelier, and in this case the difference between the price of the services used by the Guest and the advance money is due to Hotelier as forfeit money.
5.7. The penalties referred to the above clauses 5.4 and 5.5 may be included by Hotelier in the advance money paid by the Guest or any other payment rendered by the Guest.
5.8. Hotelier is entitled to a penalty of 100% of the price set forth in the booking in case of the absence of the Guest (No Show).
5.9. High-seasons:
March 15
Eastern
May 1
Whitsun
First week of July – International Gastro Blues Festival
Second week of July – Judo Atom-Cup
August 20
October 23
November 1
December 24 – January 1
The duration of the exact dates of high seasons are listed on www.dhpaks.hu. If there is any difference between the data in this clause and those listed on the above website, then those on the website are governing.
5.10. The non-refundable price categories are published on Hotelier’s website under www.dhpaks.hu. In the non-refundable price categories, for the cancellation of group booking the rules for cancellation of individual booking in the non-refundable price categories are governing.
5.11. The Guest acknowledges and agrees that Hotelier has the right to cancel the ordered services – apart from the repayment of advance money, free of any other consequences whatever – , provided that due to a reason arising and originating from any unforeseeable and unavoidable condition beyond its reasonable control (hereinafter: “Force Majeure”) Hotelier is unable to perform the services. In case of Force Majeure Hotelier is obliged to repay the advance service money, but because of non-performance due to Force Majeure Hotelier cannot be forced to pay any damages.
5.12. Any cancellation – whatever – detailed in clause 5 must be received by Hotelier until 14 p.m., and cancellations received after this time are deemed received on the next day and accordingly the terms of cancellation and the legal consequences applicable thereto are governing.
6. Prices
6.1. The current room prices and the prices of other services are published on the website of the hotel, in the rooms of the hotel and/or at the reception of the hotel. If there is any difference between the data of each source – listing the prices of services – , then the prices listed on the website are governing.
6.2. Hotelier is free to amend its published prices without any prior notice.
6.3. The prices of Hotelier are published together with the statutory rate of the tax (VAT), which is currently in effect at the time of offering. Hotelier is authorized to shift any extra charges due to the amendment of the VAT-Act currently in effect upon the Contracting Party – subject to a prior notice.
6.4. The current discounts, special offers and any other offers are published at www.dhpaks.hu.
6.5. The prices of events and conferences are not made known for the general public, these are sent only for a particular inquiry of the Guest or the Organizer.
7. Payment terms
7.1. Hotelier may claim the price of its services rendered for the Contracting Party prior to the use of the service so, that Hotelier can request a guarantee in form of a bank card/credit card (hereinafter: Bank card) and/or caution money, where the price of the ordered and confirmed service will be blocked – at the option of Hotelier – in whole or in part in the bank card, and nevertheless Hotelier is also authorized to claim the payment of the full price of the services prior to the use thereof.
7.2. Hotelier is entitled to the price of its services rendered for the Contracting Party not later than after the use, prior to departure from the hotel, there is, however, the possibility of subsequent payment, which must be agreed in a specific agreement, which may be made subject by Hotelier to the payment of an advance money – to be agreed in the specific agreement. In case of subsequent payment the payment is due within 30 days.
7.3. The Contracting Party can settle its invoice in cash in the following currency: HUF.
7.4. The Guest is authorized to settle the price of the service by a SZÉP card listed on its website.
7.5. Invoices are issued in Hungarian forint according to the Hungarian laws of taxation. If the price of the services was expressed in foreign currency, the conversion to HUF is made at the daily rate published at the official site of the Hungarian National Bank (MNB) on the day of the arrival of the Guest.
8. Stages and conditions for online booking and online payment
8.1. At the site www.dhpaks.hu the appropriate offer must be selected after filtering out the offers, by clicking on BOOKING. If information is requested only, no online payment can be started.
8.2. For booking a room the following data are required:
a., given name and family name of the booking person
b., e-mail address twice (the second is for confirmation)
c., phone number and address (zip code, city, street, house no., country of residence)
d., if the invoicing address is different from the address given previously, then the precise invoicing address must be selected
e., in the field “Information” any other information related to the booking may be given for Hotelier.
f., For online booking a bank card guarantee should be given, where the number of the card, its expiry and the 3-digit security code must be indicated. The data will be used only if the booking is subject to a penalty (see 5, Terms of cancellation), and in case of the booking of non-refundable services.
8.3. Other conditions:
8.3.1. Any complaint of the Guest must be reported by the Guest immediately after the use of the service on the spot. The complaint must be recorded in a protocol in writing in the hotel, and after the investigation of the complaint Hotelier decides on the method and extent of the possible compensation. After the Guest has left the hotel no complaint is accepted any more.
8.3.2. Hotelier agrees to handle any private and other data, which come to its knowledge during online booking, in a confidential manner and not to disclose them to any third parties, unless the Guest gives its prior explicit consent to, or requests the disclosure.
9. Method and conditions for the use of the service
9.1. The Guest can occupy the hotel room both for individual and group bookings as of 14:00 p.m. on the date of arrival (Check-in), and it must leave the room until 10:00 a.m. on the last day of stay and it must settle the invoice until this time – by returning the key card.
9.2. Should any Guest not leave the room until 10:30 a.m., Hotelier is authorized to charge 50% of the daily room price until 14:00 p.m., and 100% after 14:00 p.m. as a surcharge.
9.3. If – according to a special agreement – a room/storage room is made available by Hotelier for the Guest for the placement of the luggage, then these can be used by the Guest not longer than 24:00 p.m. on the day of departure. This room/storage room made specifically available will be not guarded by Hotelier, who is not liable for any articles or packages placed there. After the expiry of the above deadline Hotelier is authorized to remove the luggage and other articles left in the room/storage room in the community space of the hotel, and these are not guarded in the community space, either, and Hotelier is not liable for the loss, theft or damage thereof. If the Guest fails to remove the luggage/articles even until 24:00 p.m. on the day following departure, then Hotelier is authorized to destroy them. The Guest explicitly accepts the above terms and conditions by acknowledging that if his luggage or any other assets of him left in the hotel are destroyed, the Guest cannot have any claim whatever against Hotelier.
10. Pets
10.1. No pets are allowed in the hotel.
11. Refusal of the performance of the contract, termination of the obligation of service
11.1. Hotelier is authorized to terminate the Contract for hotel-service with immediate effect and to refuse to render any further services – beyond those already rendered – , if:
! a) the Guest has used the room or the facility, which were made available, or any part thereof not properly, including but not limited to any kind of damage to the room or the facility and the furnishing or equipment belonging to the room or located in the hotel, or;
- b) the Guest fails to adhere to the security rules and the order of Hotelier, or;
- c) the Guest behaves badly and/or roughly against an employee of Hotelier and/or any other guest or person, or shows a behaviour, which disturbs, hurts or threatens any other person, or;
- d) under the influence of alcohol or drugs the Guest shows a behaviour threatening, hurting or disturbing any others, or;
- c) the Guest shows a behaviour which is suitable for scandalizing other persons, or;
- c) the Guest suffers from an infectious disease.
1.1.2. If Hotelier exercises the right of termination of the contract with immediate effect for any reasons referred to above, then the Guest is obliged to leave the Hotel within 2 hours of the receipt of the termination with immediate effect from Hotelier, on condition that the Guest is obliged to pay the full price of the services set forth in booking confirmed by Hotelier prior to the leaving of the hotel. If the termination is not applicable to each Guest from among the Guests, who jointly used the services of the Hotel on the basis of the booking, then the remaining guests are authorized to continue with the use of the services of the hotel, consequently, the Hotel is entitled also to a partial termination – affecting a particular guest. In this case, if the Guests not affected by the termination do not intend to use the services set forth in the booking any more, then the provisions under clause 4.6 are applicable to them.
12. Sickness, death of the Guest
12.1. If the Guest gets sick during the use of the hotel-service and he is not able any more to act on his behalf, Hotelier will offer medical assistance.
12.2. In case of sickness/death of the Guest Hotelier will claim a compensation of expenses on part of the relatives, heirs or invoice payers of the sick person/deceased; in terms of the possible medical and procedure costs, the price of the services used before the death, and the damage, if any, to the furnishing, equipment of the hotel in relation to the sickness/death.
13. Rights of the Contracting Party
13.1. In accordance with the contract the Guest is authorized for the proper use of the ordered room and those facilities of the hotel, which fall under the usual service range and are not subject to any special conditions.
13.2. The Guest has the right to submit a complaint in relation to the performance of the services of Hotelier during the stay in the hotel. Hotelier undertakes to handle complaints, which are sent for it in writing during this period in a provable manner (or which are recorded by it in a protocol).
13.3. After the departure from the hotel the Guest has no right any more to submit complaints.
14. Obligations of the Contracting Party
14.1. The Guest/Contracting Party is obliged to pay the price of the services ordered in the contract until the date and in the manner defined in the contract.
14.2. The Guest ensures that children under 14 under his responsibility would stay in Hotelier’s hotel only under the supervision of an adult person.
14.5. The Guest cannot use any drone or quadrocopter in the entire territory of the hotel and in a 150-meter-district of the hotel and he cannot make any photos in order to protect the private sphere of the other guests. If the Guest breaches the rule of this clause, then he has full liability for the damage caused by the drone.
15. Liability for damages of the Contracting Party
15.1. The Guest is liable for – and must compensate – any losses and damage, which are caused to Hotelier or any other third parties by the Guest or his companion, or any other person under his responsibility. This liability is applicable even if the damaged person may claim the compensation of its damage directly from Hotelier.
16. Rights of Hotelier
16.1. If the Guest fails to meet his obligation for the payment of the price of the services subject to a penalty, which were used or ordered in the Contract but not used, Hotelier is entitled to a lien to secure its receivables in terms of those personal assets of the Guest, which were brought into the hotel.
16.2. Hotelier is authorized to make any recording, photos and/or videos (hereinafter: recording) in the territory of the Hotel and its immediate surroundings in order to popularize the Hotel and for marketing purposes. On the occasion of such recording the Guest has the right to declare on the sport that he does not intend to appear on the recording, in which case Hotelier is obliged to act in accordance with such request of the Guest. If the Guest fails to declare that he does not intend to be shown in the recording, then it is agreed that the Guest has given his consent to the recording, and Hotelier is authorized to publish the recording on any channels (internet, printed press, television social media, website of the hotel, etc.) and to use them for its own business purposes.
17. Responsibilities of Hotelier
17.1. Hotelier is obliged:
- a) to perform the accommodation and any other services ordered in the contract according to the rules and service standards currently in effect.
- b) to investigate any complaints of the Guest submitted in writing, and to take any measures for the treatment of the problem, which must be recorded also in writing.
18. Liability for damages of Hotelier
18.1. Hotelier is liable for any and all damage caused to the Guest, which have incurred within its facilities due to the fault of Hotelier or any of its employees.
18.1.1. Hotelier’s liability does not cover such losses, which have occurred due to any unavoidable reason beyond the range of Hotelier’s employees or guests, or which have caused by the Guest himself. The liability for consequential losses (e.g. profit lost) is excluded by Hotelier.
18.1.2. Hotelier can designate such places in the hotel, which are not accessible by the Guest. Any losses or damage occurring in such places are out of the liability of Hotelier.
18.1.3. The Guest must report any damage affecting him immediately in the hotel, and must provide any necessary data for the hotel, in order to clarify the circumstances of the case of loss and to record the case in a police protocol/to pursue a police procedure.
18.2. Hotelier is liable also for losses, which are suffered by the Guest through to the loss, destroy or damage of any assets of the Guest – excluding valuables (such as jewels, watches, mobile devices, laptop, phones and the related peripheries and parts), securities, cash – attributable in a provable manner to the fault of Hotelier or its employee, but only in the case, if these were placed by the Guest on a place designated by Hotelier or destined for this purpose in general, or in the room of the Guest, or which were delivered by the Guest to an employee of Hotelier, who was deemed clearly authorized for the takeover of the assets of the Guest.
18.2.1. Hotelier is liable for any valuables, securities and cash only if these were taken over explicitly for guarding, or if the loss has incurred for a reason, for which Hotelier is liable according to the general rules. In this case the burden of proof is at the Guest.
18.3. The highest amount of indemnification is the fiftieth of the amount of the agreed daily price of a room, unless the damage is lower. Beyond this the liability for damages is excluded by Hotelier, except for the liability for losses, which cannot be excluded or limited according to the Hungarian Civil Code (Ptk.).
19. Confidentiality
19.1. The private data provided by the Guest – or if the customer and the person not using the service are not the same persons, then by the user of the service for the customer, and by customer for Hotelier – in the framework of a voluntary data supply – including those data, which were provided by the Guest for the Organizer in order to conclude and/or to perform the contract – are handled by Hotelier in a confidential manner, by using them exclusively for the identification of each Guest and the Organizers and for the fulfilment of the contract to the extent necessary to the fulfilment.
19.2. Hotelier is authorized to use the private data of the Guest and the customer in order to enforce its claim against the Guest and/or the customer, and to provide the private data of the Guest and the customer for the bodies legally authorized for this purpose. The above provisions are explicitly agreed by the Guest/customer by the acceptance of these GTC.
20. Applicable law, jurisdiction for the legal relations of the Parties
20.1. For the settlement of any legal dispute arising from the service contract the law as to the location of the service is applicable and the court as to the location of the service is the place of jurisdiction – having competence.
