Hotel Botrytis

1. GENERAL PROVISIONS – PARTIES TO THE CONTRACT

These General Terms and Conditions (hereinafter referred to as: „GTC”) apply to and regulate the rights and obligations of the Service Provider (Name of the company: BOTRYTIS BORHOTEL KFT., Registration number: 23060933-2-05, Registered seat and postal office: 3909 Mád, Batthyány utca 10., hereinafter: „Service Provider”) and the Botrytis Borhotel szálloda (located at 3909 Mád, Batthyány utca 10.) accommodation operated by the Service Provider, and every connected service provided by the Service Provider, used by the natural (individuals) and non-natural persons as service users (hereinafter referred to as: „Guest(s)”). The Service Provider and the Guest together – upon the conclusion of the contract – hereinafter collectively referred to as the: „Parties”.

***

2. CONCLUSION OF (ACCOMMODATION) CONTRACT

2.1. Upon the request for an offer by Guest (orally or in writing, including hereinafter: e-mail) the Service Provider will send a written offer. If no specific written order is received from the Guest within 48 (forty-eight) hours of the offer being sent, the Service Provider’s obligation to bid shall cease, and the Service Provider’s obligation, undertaken in the offer, will be terminated.

2.2. The accommodation contract concluded as soon as the contractual partner receives the booking confirmation from the Service Provider. In case the Guest’s written booking is confirmed by the Service Provider, the conclusion of the contract is bound between the Parties. Oral booking, agreement or amendment only creates a contractual obligation if it has been confirmed in writing by the Service Provider.

2.3. If the order for the Service Provider’s services placed by a third party provider (hereinafter referred to as: “Intermediary”) on behalf of the Guest, the conditions of the cooperation shall be regulated by the contract concluded between the Service Provider and the Intermediary. In this case, the Service Provider is not obliged to examine whether the third party legally represents the Guest.

The Service Provider is in contact with the following accommodation intermediaries: Booking.com (hereinafter: Accommodation Intermediaries). The Service Provider reserves the right to modify the list of Accommodation Intermediaries.

2.4. If the reservation made through an Accommodation Intermediary, the contract is established with the confirmation sent through the Accommodation Intermediary. In case of advance payment, the Service Provider issues an advance invoice for the received advance payment. The advance payment received is non-refundable in case of cancellation or „no show”.

***

3. LANGUAGE AND EFFECT OF THE CONTRACT, CONDITIONS FOR USING THE SERVICE

3.1. The language of the contracts covered by these General Terms and Conditions is Hungarian.

3.2. Contracts covered by these General Terms and Conditions shall not be deemed as written contracts, they are electronically filed by the Service Provider. The parts of the contract are the order, confirmation of the order, and the General Terms and Conditions in force at the time of the order.

3.3. The contract made for the use of the service is concluded for a specified period.

3.4. If the Guest does not wish to stay at the accommodation and use the services until the end of the specified period, and the Guest leaves the accommodation permanently, the Guest is obliged to pay the full-service fee to the Service Provider, and the Service Provider is entitled to the fee of the contractually agreed service. The Service Provider has the right to resell the room(s) left by the Guest before the end of the specified period.

3.5. Prior consent of the Service Provider is required to extend the use of the accommodation service requested by the Guest. In such a case, Service Provjder shall be entitled to demand payment by the Guest of the price of the services for the originally contracted period before agreeing to extend the duration of the service.

3.6. Pre-conditions of using the services provided by the Service Provider is that the Guest shall identify itself in accordance with the relevant legal regulations before occupying the accommodation.

3.7. Guest under the age of 14 only eligible to use some services – e.g. the wellness-facility – under parental or caregiver supervision, or under the supervision of other persons responsible for their care and supervision.

3.8. Further detailed conditions of the use of the services are contained in the separately drafted House Rules. The compliance of the House Rules and the GTC by the Guest are conditions for using the services. The Service Provider is entitled, within its own authority to ask the Guest to leave the accommodation with the simultaneous termination of the contract, if the Guest’s behavior is blatantly contrary to these Terms and Conditions and the House Rules. This provision also applies in the event where Guest is conducting a behavior, or is under influence that the Service Provider cannot be expected to maintain the contract.

***

4. RIGHT TO WITHDRAWAL (CANCELLATION POLICY), CHANGING THE BOOKING

4.1. At least 96 hours before the arrival (14:00 local time on the day of arrival) the Guest can cancel the reservation upon paying 50% of the ordered services as liquidated damages, if no different information is included in the confirmation sent by the Service Provider.

In case the Guest cancel the reservation within 72 hours prior to arrival, or the cancellation does not happen, or the Guest does not show up (“no show”), the payment of liquidated damages is 100% of the ordered services.

Service Provider informs the Guest that the COVID-19 epidemic-related cancellation of the ordered services does not diverge from the cancellation mentioned above, since the epidemic and its effects are well known, and should be taken under consideration when making the order of the services. The Service Provider is entitled to unilaterally waive the penalty claim in individual cases.

4.2. Cancelling or amending the reservation can only be made in writing, and its term only depends on the Service Provider’s confirmation.

4.3. If the Guest secured the use of the accommodation service by providing an advance payment and fails to occupy the accommodation on the date of arrival, Service Provider shall validate the total amount of the advanced payment as liquidated damages.

4.4. If the Guest fails to secure the use of the accommodation service by providing an advance payment, a credit card guarantee, or in any other way specified in the contract, the obligation of the Service Provider to provide the service shall terminate after 22:00 local time on the day of the scheduled arrival.

***

5. THE RIGHTS OF THE GUEST

5.1. The Guest is entitled to use the ordered room and services, as well as the facilities, premises and services of the accommodation that are included in the standard services and are not subject to special conditions. Guest is also entitled to standard services during the opening hours according to the Service Provider’s regulations.

5.2. Guest may complain about the performance of the services provided by the Service Provider during the stay at the accommodation. The Service Provider shall respond within 30 days in writing to complaints made and reported during this period.

If the complaint is rejected, the Service Provider is obligated to inform the Guest in writing about which authority or conciliation board they can initiate the procedure of the complaint – according to its nature – if the Guest is entitled to do so.

***

6. THE OBLIGATIONS OF THE GUEST

6.1. The Guest is obliged to pay the service fee specified in the contract until the deadline and in the manner specified in the Contract.

6.2. The Service Provider will charge the Guest for the consumption from the minibar. The Guest is obliged to pay for the consumption on the day of departure.   

6.3. The Guest must report any damage to the Service Provider immediately and provide it with all the information necessary to clarify the circumstances of the incident, for the potential violation or criminal procedure.

6.4. The Guest, as well as the visitors, and the people traveling with the Guest are obligated to use the Service Provider’s building and its immediate surroundings as intended, without the unnecessary disturbance of the other Guests.

6.5. The Service Provider’s surface parking lot must be used in accordance with the rules of the Road Traffic Regulation (KRESZ). The Service Provider do not undertake any responsibility for the belongings left unsupervised by the Guest in the Service Provider’s parking lot. The Guest only allowed to use the parking lot during the reservation period, and must stop using it simultaneously with the check-out, unless otherwise provided.

6.6. The Guest shall report without delay to the Service Provider if any unusual event – including personal injury, accident-prone device, or object – happens.

6.7. For the peace of mind of our Guests, no loud noise, music, noisy activities, sound effects, television, radio, etc., which disturb the room, are allowed in the hotel area after 22.00 local time, except for events or programs organized or authorized by the Service Provider.

Any conduct or behavior which disturbs the peace, safety, security, sense of security or privacy of others, which is or may be considered as harassment, intimidation or bullying is prohibited on the hotel premises, regardless of the time.

A Service Provider employee is entitled to warn a disorderly and/or noisy Guest. The Service Provider shall be entitled to terminate the accommodation contract unilaterally with immediate effect and to expel the Guest without any obligation to pay back and/or compensation. The Service Provider shall not be liable for any damage caused by the Guest’s conduct to other Guests.

6.8. The Service Provider’s House Rules and safety regulations are binding on Guest, and the Guest is obliged to refrain from behavior contrary to them. If the Guest does not comply with the contents of these documents in accordance with 6.7., or violates it in another way, – depending on the severity of the Guest’s behavior – the Service Provider is entitled to prohibit the Guest from using relevant services or to terminate the contract with a demand for compensation.

***

7. THE GUEST’S LIABILITY FOR DAMAGES:

7.1. The Guest is liable for any damage and has the obligation to pay compensation suffered by the Service Provider or third party caused by the Guest or his accompanying person, or any person under the supervision of such persons.

7.2. Any damage resulting from improper use in the room or in other rooms of the Service Provider, as well as in the surroundings of the Service Provider, in the parking lot, the garden area etc. must be compensated by the Guest. The Guest is not liable for damage resulting from intended use.

7.3. The Guest must leave the accommodation and other used areas in the same condition which the Service Provider made them available for use. For extra cleaning costs resulting from the exceeding of the intended use, the Service Provider is entitled to charge an extra cleaning fee corresponding to the extent of the damage, but the minimum amount of HUF 20,000 to Guest.

7.4. The Guest shall report without delay any caused damage to the Service Provider’s employee.

7.5. The Service Provider prohibits the following items:

• things classified as corrosive, flammable chemicals, or substances under legal regulations in effect,
• substances classified as flammable and/or explosive under legal regulations in effect
• food, drink (including alcoholic beverages) not purchased in the accommodation,
• particularly expensive, high-value valuables, museum piece
• fireworks, firecrackers, their parts, and components,
• waste, objects harmful to the environment or health,
• weapon, object classified as a weapon
• psychotropic substances (drugs).

The Service Provider may authorize in writing the introduction of non-admissible items into the Service Provider premises upon prior written request of the Guest.

If a Guest brings a non-admissible item into the accommodation without the Service Provider’s prior written permission, the Service Provider may remove or have removed the item at the Guest’s expense.

The Service Provider excludes any liability for damage caused to the item brought in without permission.

The Guest is fully liable for all legal and financial damage and injuries caused by the unauthorized item to other Guests, third parties or the Service Provider.

***

8. THE RIGHTS OF THE SERVICE PROVIDER

8.1. The Service Provider is entitled for the price of the used, or the ordered but not used services. If Guest does not fulfil the obligation to pay the fee for the services provided or contractually ordered but not used, the Service Provider, to secure their claims, shall have a lien on Guest’s personal property taken to the accommodation.

8.2.  For security and property reasons, the whole area of the Service Provider is equipped with security cameras. Related information is contained in the Service Provider’s Data Management Information.

***

9. THE OBLIGATIONS OF THE SERVICE PROVIDER

9.1.   The Service Provider is required to provide the ordered accommodation and other services according to the valid regulations and the service standards.

9.2. The Service Provider is entitled to terminate the service contract according to these General Terms and Conditions and the relevant legal regulations in effect.

9.3. Service Provider shall be obliged to supply the accommodation and other services ordered under the contract in accordance with the applicable regulations and service standards, and must ensure the safety of the use of the services for the Guests.

***

10. THE SERVICE PROVIDER’S LIABILITY FOR DAMAGES:

10.1. The Service Provider shall assume liability for all damage suffered by the Guest that occurred within its facilities, with the following exceptions:

10.2. The liability of the Service Provider shall not cover damage caused by an unavoidable reason beyond the control of the employees and Guests of the Service Provider or caused by the Guest itself or the persons under the Guest’s supervision, and the Service Provider shall not be in liability of any reprehensibility.

10.3. The Service Provider reserves the right to designate place(s) within the accommodation where the Guest is not allowed to enter. The Service Provider shall not be liable for any damages or injury to the Guests or the persons under the supervision of the Guest suffered at the places where they must not enter.

10.4. The Service Provider’s liability for damages only exists if the Guest reports the damage to the Service Provider’s Front Desk immediately after the damage occurs and provides all the information to the Service Provider, which is necessary to clarify the circumstances of the incident.

10.5. The Service Provider shall not be liable for the damages resulting from improper use.

10.6. The Service Provider is liable for any damage suffered by the Guest due to the loss, destruction or damage of the Guest’s items, in the event that the Guest has placed such items at the place designated by the Service Provider, or at the usually designated place, or in the room safe, or for the ones the Guest has given to the Service Provider’s employee whom the Guest could have considered as being entitled to receive his items. The maximum amount of compensation is fifty times the daily room rate under the contract.

10.7. The Service Provider is liable for securities, cash, and other valuables if the Service Provider has expressly accepted or refused to accept the item for safekeeping. The Service Provider’s liability for items placed for safekeeping is unlimited.

10.8. The Service Provider explicitly draws the Guest’s attention to place and lock their cash, valuables, securities into the deposit safety boxes in the rooms. If the safe is not working or not working properly, the Guest is obliged to forthwith inform the Service Provider`s Front Desk. Damages occurring from the failure or delay of information shall be borne by Guest.

10.9. The Service Provider’s facilities and services shall be used by Guest for its intended purposes, consciously and in awareness of their own health, physical and mental state, therefore the Service Provider shall not be liable for damages caused by the improper use, respectively the inadequate health or physical, mental state of the Guest, whilst using the facilities/services.

10.10. The Guest may request a „wake up” call, which is a gesture of courtesy by the Service Provider, the service is not part of the Service Provider contract. The Service Provider assumes no liability for damages resulting from the omission or delay of the requested wake up call.

10.11. The Service Provider is limiting liability towards Guests beyond damages caused premeditated, resulting in loss of life, or harm to physical integrity or health – with the exceptions of these GTC – to the amount of the fee paid by the Guest to the Service Provider based on the service contract.

***

11. COMPLAINT HANDLING PROCEDURE AND REMEDIES FOR BREACH

The Consumer may submit Consumer complaints about the product or the Seller’s activities to the following contact details:

11.1. The Consumer may submit Consumer complaints related to the product or the Merchant’s activities at the following contact details:

• Telephone: (47) 348 017
• Internet address: https://www.hotelbotrytis.com
• E-mail: info@hotelbotrytis.hu

11.2. Consumers may submit, orally or in writing, their complaints about the conduct, activity or failure of the undertaking or the person acting on behalf of or for the undertaking concerning the distribution of its goods to consumers or concerning the sale of goods.

11.3. Oral complaints shall be investigated immediately and shall be remedied if necessary. If the consumer does not agree with the handling of his complaint or it is not possible to investigate the complaint immediately, the undertaking shall make a report of the complaint and of its opinion of the complaint and shall, for an oral complaint submitted in person, deliver a copy of the report to the consumer. In case of an oral complaint submitted over the telephone or via an electronic communications service, it shall be sent to the Consumer at the same time as the substantive response within 30 days, in accordance with the requirements for replying to a written complaint. In other respects, you are required to proceed with the written complaint as follows. The undertaking shall reply to the written complaint in writing within 30 days of its receipt and shall take steps to communicate it, unless otherwise provided by a directly applicable legal act of the European Union, the undertaking shall prepare a written response on the merits of the complaint and arrange for its communication to the consumer within thirty days after the receipt of the complaint. A shorter time limit may be set in laws; however, a longer time limit may only be set in an Act. The undertaking shall provide the reasoning for its rejection of a complaint. An oral complaint communicated using a telephone or electronic communications service must be provided with an unique identification number.

11.4. The report prepared of the complaint shall contain the following data:

• the name and address of the consumer
• the place, date and form of submitting the complaint,
• the detailed description of the consumer’s complaint, and the list of documents and evidence presented by the consumer,
• the undertaking’s statement of its position concerning the consumer’s complaint, if the complaint can be investigated immediately,
• the signature of the person preparing the report and the signature of the consumer, except if the oral complaint was submitted over the telephone or via another electronic communications service
• the place and date of the report,
• the individual identification number of the complaint if the oral complaint was submitted over the telephone or via another electronic communications service.

11.5. The undertaking shall be obliged to keep the report of the complaint and a copy of the response for five years and shall present those to the controlling authorities at their request.

11.6.

If the complaint is rejected, the undertaking shall be obliged to inform the consumer, in writing, of the authority or conciliation board the consumer may resort to according to the nature of his complaint. The information shall contain the seat, telephone number, internet address and mailing address of the competent authority and of the conciliation board having territorial competence where the consumer’s domicile or place of residence is located. The consumer shall also be informed of whether or not the undertaking intends to resort to the conciliation board to resolve the consumer dispute in the case concerned.

If any Consumer dispute between the Parties does not settle during the negotiations, the following possibilities are available to the Consumer to enforcement their rights:

***

12. CONSUMER PROTECTION PROCEDURE

Complaints can be filed with the consumer protection authorities. If the consumer perceives a violation of his/her consumer rights, he/she has the right to file a complaint with the consumer protection authority in his/her place of residence. Once the complaint has been examined, the authority will decide whether to take consumer protection proceedings. The first level consumer protection authorities are the capital and county government offices competent for the consumer’s place of residence, a list of which can be found at: http://www.kormanyhivatal.hu/

***

13. COURT PROCEDURE

The Consumer shall be entitled to enforce his/her claim arising from the Consumer dispute before the court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

***

14. CONCILIATION BOARD PROCEDURE

14.1. Please note that you can lodge a Consumer complaint with us. If your Consumer complaint is rejected, you are also entitled to refer it to the Conciliation Board competent for your place of residence or domicile: the initiation of the Conciliation Board’s procedure is subject to the Consumer’s direct attempt to settle the dispute with the undertaking concerned. The conciliation board designated in the Consumer’s request is competent to take action instead of the competent body, at the Consumer’s request.

14.2. The Service Provider shall be obliged to cooperate in the conciliation proceedings. In doing so, it is required to send its response letter to the conciliation board and to ensure the presence of the person entitled to reach a settlement at the hearing.

Where the undertaking or seat of the undertaking is not established in the county in which the conciliation body operating the territorially competent board is located, the undertaking’s obligation to cooperate shall include offering the possibility of a written settlement in accordance with the Consumer’s requirements.

In the event of a breach of the above obligation to cooperate, the Consumer protection authority has the power to impose a mandatory fine in the event of a breach of the law as a result of a change in legislation, and it is not possible to waive the fine. In addition to the Consumer Protection Act, the relevant provision of the Small and Medium-sized Enterprises Act has also been amended, so that the imposition of fines shall not be waived in the case of small and medium-sized enterprises either.

The amount of the fine may range from HUF 15,000 to HUF 500,000 in the case of small and medium-sized enterprises, and from HUF 15,000 in the case of not small and medium-sized enterprises with annual net sales exceeding HUF 100 million, 5% of the undertaking’s annual net sales, but up to HUF 500 million. By introducing a mandatory fine, the legislator aims to emphasize cooperation with conciliation boards and to ensure the active participation of undertakings in conciliation proceedings.

14.3 The conciliation board is competent for the out-of-court settlement of Consumer disputes. It is the task of the conciliation board to attempt to reach a settlement between the parties for the purpose of resolving Consumer disputes, failing which it will decide on the matter to ensure the simple, expeditious, effective and cost-effective enforcement of Consumer rights. The conciliation board shall, at the request of the Consumer or the Service Provider, advise on the Consumer’s rights and obligations.

14.4. Conciliation board procedures shall commence at the request of the consumer. The request shall be submitted in writing to the chair of the conciliation board. The requirement to be in writing may be fulfilled by letter, telegram, telegraph or fax, as well as by any other means which enables the recipient to keep the data addressed to him permanently for the purpose for which the data were stored and unaltered display.

The request shall contain:

• the consumer’s name, domicile or place of residence,
• the name of the undertaking affected by the legal dispute, its seat or the premises concerned,
• if the consumer intends to base territorial competence the name of the board that is requested to proceed instead of the conciliation board
• a short description of the consumer’s position, the underlying facts and proof of them,
• a statement by the Consumer that the Consumer has made a direct attempt to settle the dispute with the undertaking concerned
• the consumer’s statement concerning that he has initiated no procedure through another conciliation board, no mediation procedure has been commenced and no statement of claim or request for a payment order was submitted regarding the matter,
• a motion proposing a decision to be made by the board,
• the signature of the consumer

The application must be accompanied by the document or a copy (extract) of which the Consumer refers to as evidence, in particular: the written statement of the Service Provider about the rejection of the complaint, failing which other written evidence available to the Consumer about the attempted consultation. If the Consumer acts through a proxy, the proxy must be attached to the application.

14.5. More information about the Conciliation Boards is available here: http://www.bekeltetes.hu

More information on the territorially competent Conciliation Boards is available here: http://www.bekeltetes.hu/index.php?id=testuletek

14.6. Contact details of the conciliation boards are listed below:

***

15. ONLINE DISPUTE RESOLUTION PLATFORM

15.1. The European Commission has created a website where Consumers can register, and have the opportunity to settle their legal disputes related to online purchases by filling out an application, avoiding court proceedings. All that is required is for the Consumer to register on the online platform available at the link above, complete a request in full and then submit it electronically to the conciliation body via the platform. This makes it easy for Consumers to assert their rights despite distances.

15.2. If you would like to make a complaint about a product or a service you purchased on the internet and avoid court proceedings, you are entitled to use the online dispute resolution. On the website, you, and the merchant against whom you have filed a complaint can jointly select a dispute resolution board you entrust with handling the complaint.

The online dispute resolution platform is available here: 

***

16. PROVISIONS FOR ILLNESS OR DEATH

16.1. If the Guest becomes ill during the period of using the accommodation service, and is unable to act on his own behalf, the Service Provider shall offer medical assistance. The Guest has the right to use the offered medical assistance at his own risk and responsibility. The physicist is not an employee, agent, or contributor of the Service Provider, and the Service Provider excludes responsibility for the diagnosis, the therapy being used, and its consequences.

16.2. In case of sickness / death of a Guest the Service Provider shall be entitled to compensation to be provided by a relative, heir or financial provider of the sick / deceased Guest with regard to any medical cost, the countervalue of any used service or any damage to property or equipment potentially caused in relation to the sickness/death of that Guest.

16.3. In case the Guest has an infectious disease, the Service Provider shall be entitled to terminate the Service Provider contract with immediate effect without any obligation to refund and/or compensation. The Guest is obliged to leave the accommodation with all the belongings (luggage), at the Guest’s own expense, and within the period specified in the Service Provider’s notice.

In case of infectious disease, the Service Provider is obligated to act in accordance with the Decree 18/1998. (VI.3.) of the Minister of Welfare (NM) and the relevant legal regulations in effect.

The Service Provider shall not be liable for any damage caused by the Guest’s conduct to other Guests.

***

17. FORCE MAJEURE

17.1. Any reason or circumstance (for example: war affecting the immediate vicinity (not including the war conflict in Ukraine) of the accommodation, flood, fire, strike) which is beyond the control of the Service Provider or the Guest (force majeure), shall exempt either party from the fulfilment of their obligations under the Contract as long as this cause or circumstance persists.

***

18. FINAL PROVISIONS

18.1. The place of performance is the place where the service is provided.

18.2. The Data Management Information contains every information about the Guest’s personal data management, as well as the rights and obligations of the Guest and the Service Provider.

18.3. These General Terms and Conditions and the contract between the Parties, as well as the matters not regulated by the House Rules and the Data Management Information, the legal relationship between the Service Provider and the Guest are governed by the provisions of Hungarian law.

18.4. In any legal dispute arising from the service contract, the court is authorized at the location where the services are provided and declared to have competence to handle the issue. Jurisdiction is in the place where the service was rendered.

18.5. If the event of concluding the accommodation service contract, Guest agrees to read and understood the above terms and conditions and their contents. The Service Provider reserves the right to modify these General Terms and Conditions of procurement by informing users of the changes made via website and at the Service Provider’s Front Desk.