General Hotel Contractual Terms and Conditions (GTC)

1. General provisions

1.1. The General Hotel Contractual Terms (hereinafter referred to as GTC) summarize the contractual content on the basis of which Tornácos Szállás Kft. – as the operator of Somogy Kertje Üdülőfalu és Étterem – (7281 Bonnya, Kossuth Lajos u. 82/a.), hereinafter referred to as the Service Provider (or Holiday Village) generally concludes an accommodation contract with its Guests.

1.2. Individual conditions do not form part of these GTC, but do not exclude the conclusion of separate, special agreements with travel agents, organizers, sometimes with different conditions appropriate to the given business.

2. Contracting parties

2.1. The Guest uses the services provided by the Service Provider. If the Guest places the order for the services directly with the Service Provider, the Guest will be the Contracting Party. The Service Provider and the Guest together, if the conditions are met, become contractual parties (hereinafter: Parties).

2.2. If the order for the services is placed by a third party (hereinafter: Intermediary) on behalf of the Guest, the terms of cooperation are regulated by the agreement between the Service Provider and the Intermediary. In this case, the Service Provider is not obliged to check whether the third party legally represents the Guest.

3. Method and conditions of using the service

3.1. The Service Provider will always send a written offer to the Guest upon verbal or written request for an offer. If no specific order is received within 48 hours of sending the offer, the Service Provider’s obligation to make an offer shall cease.

3.2. The Contract is concluded exclusively with the written confirmation of the Guest’s reservation by the Service Provider, and thus qualifies as a written Contract. The order must contain the Guest’s name, address, exact time of arrival and departure, room type, and the exact name of the services (meals, program). The Service Provider confirms orders in writing (e-mail).

3.3. A verbal reservation, agreement, modification, or verbal confirmation thereof by the Service Provider is not a contract.

3.4. The Contract on the use of the accommodation service is valid for a specific period of time. The offers of the Somogy Kertje Holiday Village and Restaurant – with the exception of the Daily Room Rates – are only available to the Guests with a limited number of rooms. The current list of mediated services available at the Somogy Kertje Holiday Village and Restaurant is available on the Somogy Kertje Holiday Village and Restaurant website: www.somogykertje.hu .

3.5. If the Guest permanently leaves the room before the expiry of the specified period, the Service Provider is entitled to the full price of the service stipulated in the Contract. The Service Provider is entitled to resell the room vacated before the expiry date.

3.6. The prior consent of the Service Provider is required for the extension of the accommodation service initiated by the Guest. In this case, the Service Provider may stipulate the reimbursement of the fee for the service already performed.

3.7. The condition for using the accommodation service is that the Guests verify their identity in accordance with legal requirements before occupying the room. No one may stay in the hotel without notification.

3.8. A written agreement signed by the Parties is required to amend and/or supplement the Contract.

4. Start and end of accommodation /check-in; check-out/

4.1. The Guest has the right to occupy the ordered rooms from 14:00 on the agreed day.

4.2. In the event that the Guest does not appear by 18:00 on the agreed day, the Service Provider has the right to withdraw from the contract, unless a later arrival time has been stipulated and the reservation has a guaranteed status (e.g. credit card guarantee).

4.3. If the Guest has paid an advance, the room(s) will remain reserved until 12:00 on the following day at the latest.

4.4. The Guest must vacate the room by 10:00 on the day of departure.

4.5. The Service Provider provides the possibility of early arrival and late departure for a fee, depending on the occupancy.

5. Extension of accommodation

5.1. The prior consent of the Service Provider is required for the Guest to extend the stay.

5.2. If the Guest does not vacate his/her room by 10:00 on the day indicated as the departure date upon check-in and the Service Provider has not previously consented to the extension of the stay, the Service Provider is entitled to invoice the room price for an additional day and at the same time the Service Provider’s service obligation also ceases.

6. Prices

6.1. The prices – based on Section 6 of the Joint Decree 4/2009 (I.30) of the Ministry of Agriculture and Rural Development – are indicated at the place of provision of the service in accordance with the law. The Guest will also receive appropriate information about the service fee at the reception of the Somogy Kertje Holiday Village and Restaurant before the service begins.

6.2. The Service Provider may change its advertised prices without prior notice (for example: due to package prices or other discounts). The Service Provider‘s current prices can be found on the hotel’s website (www.somogykertje.hu).

6.2.1. The Service Provider does not provide a price guarantee in the event of invalid, incorrect, defective or incomplete offers made to the Guest by a third party, as well as in cases where the Service Provider does not have a valid contract with a third party.

6.3. The Guest can always receive information about the price of the services at the reception of the Service Provider before the service begins.

6.4. The prices published by the Service Provider include the VAT specified in the law (unless otherwise stated), but do not include the tourist tax, which must be paid on site. The Service Provider shall pass on any additional charges due to changes in the applicable tax law (VAT, IFA) to the Contracting Party, with prior notice.

6.5. Advance payments:

We request 50% of the accommodation fee from our guests, and in the case of a one-night stay, the price of 1 room night. The advance payment is considered a deposit. We can modify reservations fixed with an advance payment in terms of time, depending on our available capacity, if they notify us in writing of their request before the arrival date in accordance with the penalty fee regulations included in the given package offer.

7. Offers, discounts

7.1. Current offers and discounts are announced on the website.

7.1.1. The Service Provider’s package offers can only be booked by individual Guests.

7.1.2. In the case of corporate or group events, the Service Provider will always prepare a unique, discounted offer for the Guest. In the event of a reservation of a service subject to special conditions, the Service Provider may establish contractually stipulated conditions.

7.2. Individual (package offers) or group (corporate events, weddings, etc.) discounts provided by the Service Provider cannot be combined with any other discounts.

8. Child discounts

8.1. For children – in the case of accommodation in a room with their parents – we provide the following accommodation and meal discounts:

• 0-5.99 years of age: free
• 6-11.99 years of age 40% discount on the current adult price
• Over 12 years of age: adult price payable

 

(1) a) The child discount is available for a minimum of 2 nights and 2 adults, and for accommodation in the same room as the parents.

b) In the case of one adult and one child between 0-11.99 years, we can provide single accommodation with a child discount, depending on the availability of our rooms (the number of single rooms with extra beds is limited).

(2) c) In the case of availability, it is also possible to provide double accommodation for one adult and one child between 0-11.99 years, the fee for which is 85% of the full package price (2 adults, min. 2 nights).

d) We provide accommodation for one adult and two children between 0-11.99 years in our double rooms, against payment of the full package price (which is the same as the 60% discount for two children between 6-11.99 years).

e) The 100% discounted accommodation for children under 6 years can only be applied when booking a package with two adults. In this case, if only one parent is traveling with the child, the aforementioned points b) or c) apply.

f) In a double room, a maximum of three children can stay with a discount in addition to two adults (taking into account the available room conditions) in accordance with the above-mentioned points.

8.2. In order to benefit from the above discounts, it is necessary to present one of the child’s documents (address card, social security card, if available, ID card or passport). Without a document, the current full prices for goods, accommodation, meals and services will apply.

8.3. An extra bed can only be placed in certain room types. The Service Provider can provide a baby bed after prior consultation, but only while supplies last. Requests for an extra bed or baby bed must be agreed with the Service Provider in advance, at the same time as the reservation.

9. Cancellation conditions

9.1. Unless otherwise specified in the Service Provider‘s offer, the cancellation conditions – except for force majeure as defined in point 9.4 – are as follows prior to the original arrival date:

We inform you that in the event of cancellation of a reservation, the Service Provider is entitled to enforce the following penalty, based on the calendar days compared to the arrival date:

• 50% of the total amount payable between 14 and 8 days prior to arrival;
• 100% of the total amount payable from the 7th day prior to arrival;

in a special period:

• 50% of the total amount payable between 30 and 15 days prior to arrival;
• 100% of the total amount payable from the 14th day prior to arrival

In the event of cancellation between 15 and 45 days (60 and 31 days during peak periods) prior to arrival, the Service Provider will not apply a penalty, however, the paid reservation fee is not refundable. The Service Provider provides the opportunity to reschedule the reservation to another date within the same price category, at its own discretion, up to the amount paid, depending on the available capacity.

If the Contracting Party is a business organization (including business associations, social organizations, churches, local governments, local government institutions, state organizations and their institutions, etc.), the Contracting Party/Orderer is obliged to pay the penalty due in the event of cancellation to the Service Provider even if the accommodation fee is otherwise paid directly by the Guest acting on behalf of the Orderer.

9.2. If the Contracting Party has secured the use of the accommodation services by making an advance payment and does not arrive on the arrival day (no written cancellation is received), the Service Provider shall enforce the full amount of the advance payment specified in the Contract as a penalty. In this case, the accommodation shall be reserved for the Contracting Party until 12:00 noon on the day following the arrival day, after which the Service Provider’s service obligation shall cease.

9.3. If the Contracting Party has not secured the use of the accommodation services by making an advance payment, credit card guarantee, or in any other manner specified in the Contract, the Service Provider‘s service obligation shall cease after 18:00 local time on the arrival day.

9.4. A force majeure situation shall be considered if the Parties are unable to fulfill their contractual obligation due to a compelling circumstance beyond their control that was not foreseeable at the time of conclusion of the contract.

9.4.1. Force majeure is any unforeseen natural obstacle (flood, fire, impassable road network caused by extreme snowfall) that makes it impossible to approach or use the Service Provider‘s accommodation or catering unit. This also includes any applicable legislation restricting or prohibiting travel, the use of accommodation or catering facilities (such as curfews), or other serious obstacles (strikes, war).

9.4.2. In the event of force majeure, the general cancellation conditions do not apply. Reservations that have already been confirmed and reserved with a deposit payment can be used within 3 months after the end of the force majeure obstacle, depending on the current package offer and free capacity of the accommodation, at a new date agreed in writing between the Service Provider and the Guest.

10. Payment method, guarantee

10.1. The price of the ordered services can be paid on site in cash (in HUF), with a bank card accepted by the Service Provider, with a SZÉP card, or by bank transfer, or by payment via the website. Somogy Kertje Üdülőfalu és Étterem reserves the right to request a payment guarantee or advance payment from Somogy Kertje Üdülőfalu és Étterem before the guest uses the service ordered, but at the latest upon the guest’s arrival. The payment guarantee and advance payment may be a pre-authorization with the guest’s bank card, or the payment of the ordered service on site in cash upon arrival or with cash substitutes accepted by Somogy Kertje Üdülőfalu és Étterem, and a bank transfer in an amount equal to the value of the ordered service to the bank account of Somogy Kertje Üdülőfalu és Étterem before the service is used.

10.2. In the case of a transfer – unless otherwise stipulated in the agreement concluded with the Service Provider – the Guest is obliged to transfer the consideration for the ordered services to the hotel’s bank account before the specified date of arrival in such a way that the given amount is credited to the hotel’s bank account by the date of arrival or the transfer is confirmed by the Guest with an irrevocable statement issued by the account holder’s financial institution, confirming the transfer.

10.3. Individual room reservations can be guaranteed by providing bank card details or by making an advance payment.

10.4. Other payment methods on site: OTP Széchenyi Pihenőkártya, vouchers issued by the hotel and/or its contracted partner. In the case of payment with a SZÉP card, in order to ensure legitimate card use, Somogy Kertje Üdülőfalu és Étterem may request advance payment for the ordered services and the presentation of a public document suitable for personal identification (presentation of an identity card, driving license or passport). The Guest is obliged to comply with the identification request. If the identification is not carried out for any reason beyond the control of Somogy Kertje Holiday Village and Restaurant, Somogy Kertje Holiday Village and Restaurant may refuse to accept payment with the SZÉP card.

10.5. Prior disclosure of data required for prepayment by bank card, detailed description of the payment process and conditions

Bank cards issued exclusively for electronic use can only be accepted if their use is permitted by the bank issuing the card! Please check with your bank whether your card can be used for purchases made via the Internet.

10.6. By accepting the General Terms and Conditions, the Guest acknowledges and accepts that the Service Provider will issue an invoice for the fees to be paid or for the amount paid to the Service Provider by the guests under any legal title.

10.7. Gift vouchers are considered an accepted means of payment only upon prior notification and written confirmation by the Service Provider, and can only be used for the services listed on them or, in the case of an individual agreement, up to their value. We can accept previously confirmed vouchers if a physical (printed) copy is submitted upon check-in. We only accept any other discount cards or coupons if you indicate your intention to use them in advance (at the latest when booking accommodation or ordering a restaurant). We do not exchange any vouchers, coupons or discount cards for cash!

When issuing the invoice, the Service Provider will base the amounts paid/to be paid on the data provided at the time of booking, while in the case of bookings made by e-mail, fax or telephone, it will be based on the data provided by the person making the reservation.

The data provided here (name, address, and if necessary, tax number) will be included in the “Customer” section of the invoice. Within 1 day after the reservation has been made, the Guest may request to modify the data provided, but after this time, the modification is no longer possible.

The Service Provider will issue the final invoice based on the data provided at the time of booking.

If you notice any errors in the invoice, in order to remedy the problem, the Guest or the person/company indicated as the customer on the invoice should send an e-mail to the following addressee:

Somogy Kertje Üdülőfalu és Étterem

7281 Bonnya, Kossuth Lajos u. 82/a.

info@somogykertje.hu

Our goal is to handle the indicated comment within 15 days of the notification and report it back to you.

11. Refusal to fulfill the contract, termination of the service obligation

11.1. The Service Provider is entitled to terminate the Accommodation Service Contract with immediate effect, thus refusing to provide the services, if:

– the Guest does not use the provided room or facility as intended;

– the Guest does not vacate his/her room by 11:00 on the day indicated as the departure date upon check-in and the Service Provider has not previously agreed to extend the stay;

– the Guest behaves in a way that is objectionable to the safety, order, or employees of the accommodation, is rude, is under the influence of alcohol or drugs, exhibits threatening, offensive, or other unacceptable behavior;

– the Guest suffers from an infectious disease;

– the Contracting Party fails to fulfill its obligation to pay the advance payment specified in the Contract by the specified date;

12. Data Management

Our data management policies are included in detail in our Data Protection Statement!

13. Guest Rights

13.1. By concluding the accommodation service contract, the Guest acquires the right to the usual use of the rented premises, as well as the usual use of the facilities of the accommodation establishment made available to Guests for use as usual and without special conditions, and to the usual service during the opening hours in accordance with the announcement.

13.2. The Guest may file a complaint regarding the performance of the services provided by the Service Provider during the period of his/her stay at the accommodation. The Service Provider undertakes to handle any complaint submitted to it in writing (or recorded by it) during this period. The Service Provider handles any complaints individually.

The Guest may file a complaint in writing at the following address and contact details:

Somogy Kertje Üdülőfalu és Étterem – reception

7281 Bonnya, Kossuth Lajos u. 82/a.

info@somogykertje.hu

14. The Guest’s obligations

14.1. Payment of the agreed fee: by the deadline specified in the confirmation or upon termination of the accommodation service contract.

14.2. In the event that Guests bring food or drinks into the hotel and consume them in public areas, the Service Provider is entitled to charge a fair fee for these (in the case of so-called “plug money” drinks). It is prohibited to take food/drinks out of the hotel’s catering units to hotel guests.

14.3. Before putting into operation electrical appliances brought into the accommodation by Guests that are not part of the usual travel needs, the Service Provider’s consent must be sought.

14.4. The vehicles of hotel guests can park free of charge in our uncovered and unguarded parking lot. The Service Provider excludes liability for any damage to vehicles parked in the parking lot and to objects placed therein (including, for example, but not limited to: breaking into the car and the theft of any object in the car; theft of the vehicle; damage caused by natural phenomena). The hotel is not responsible for valuables left in the rooms; Guests have at their disposal safes placed in the rooms or at the central reception.

14.5. The parking lot must be driven in accordance with the provisions of the Road Traffic Act. The permitted speed of vehicles is 20 km/h.

14.6. Please dispose of garbage in the garbage containers placed in the complex area or in the rooms. Furniture may not be removed or moved from the room or the building.

14.7. The hotel guest may use the facilities and equipment in the complex area only at his/her own risk, subject to the mandatory compliance with the posted usage/handling instructions.

14.8. Pursuant to the implementation of Act XLII of 1999 on the Protection of Non-Smokers, the hotel is a non-smoking facility as of January 1, 2012. Accordingly, smoking is prohibited in the hotel’s closed rooms (including guest rooms), public areas, and the entire open area belonging to the hotel (including terraces, balconies, parking lots, etc.). The hotel has placed signs calling attention to the obligation to comply with the referenced legislation in the areas prescribed by the legislation. The hotel’s employees are entitled to warn guests and any other person staying in the hotel area to comply with the legislation and to cease unlawful behavior. Guests and any person staying in the hotel area are obliged to comply with the legislation and to comply with any possible notice. If the hotel operator is fined by the competent authority based on the aforementioned legislation due to the unlawful conduct of any guest or other person staying on the hotel premises, the operator reserves the right to transfer the amount of the fine to the person who committed the unlawful conduct or to demand payment from him.

If the guest demonstrably violates the obligations set out in the above legislation, he is obliged to pay a fee of HUF 10,000 to the hotel operator, which the hotel operator is entitled to charge to the guest’s room account and which the guest is obliged to pay upon departure.

14.9. In the event of a fire, please notify the reception immediately. Emergency telephone: +36 30 663 5656

14.10. Guests who use the rooms and the hotel’s shared facilities and furnishings are jointly and severally liable for any damage caused by improper use.

14.11. Fireworks brought by the hotel guest and other activities requiring a permit require the written consent of the hotel, and the hotel guests must obtain official permits.

14.12. The Guest shall ensure that any child under the age of 18 under his/her responsibility stays in the Service Provider‘s hotel only under adult supervision.

14.13. The Guest must immediately report any damage to the hotel and provide the hotel with all necessary information necessary to clarify the circumstances of the damage, or to file a police report/police procedure.

14.14 The Guest expressly acknowledges that the hotel operates a closed-circuit camera system in the common areas of the hotel (except for changing rooms, restrooms, but including the car park and external areas directly belonging to the hotel) for property protection reasons, the recordings of which will be deleted in accordance with the relevant legal requirements.

15. Bringing animals

15.1. Only small (up to 6kg), clean pets are allowed to enter the holiday village, for a fee specified in the price list. Guide dogs can be brought into the holiday village free of charge by our guests. Pets are not allowed in the restaurant or on the restaurant terrace, and in all other areas of the holiday village only under supervision! Please always have a leash or muzzle in the case of dogs in the common areas, and a lockable carrier in the case of other pets, the use of which may be requested by the employees of the Holiday Village if necessary.

16. Rights of the Service Provider

16.1. If the Guest fails to fulfill his obligation to pay the fee for the services used or ordered in the Contract but not used, subject to a penalty, the Service Provider has a lien on the personal belongings of the Guest that he brought to the hotel with him.

16.2. The reception service present in the complex area is entitled to check the entering and exiting Guests and to establish their identity.

16.3 The Service Provider is entitled to allocate the ordered rooms according to operational and economic aspects (e.g. heating), so the guest cannot request a specific room. However, the Service Provider tries to provide the most suitable accommodation within the ordered category to the best of its ability.

17. The Service Provider’s obligation

17.1. To provide the accommodation and other services ordered under the contract in accordance with the applicable regulations and service standards.

17.2. To investigate the Guest’s written complaint and take the necessary steps to address the problem, recording them in writing.

18. Illness or death of the Guest

18.1. If the Guest falls ill during the period of using the accommodation service and is unable to act in his own best interests, the Service Provider will offer medical assistance.

18.2. In the event of the illness/death of the Guest, the Service Provider shall claim compensation from the relative, heir or bill payer of the patient/deceased; for any medical and procedural costs, the value of services used prior to the death, and any damage to equipment and furnishings caused by the illness/death.

19. Liability of the Service Provider for compensation

19.1. The Service Provider shall be liable for any damage suffered by the Guest due to the loss, damage or destruction of their belongings, if the Guest has placed them in a place designated by the Service Provider or generally designated for this purpose (safe), or if they have been handed over to an employee of the Service Provider who may have been deemed entitled to receive their belongings.

19.2. The Service Provider’s liability does not extend to damages that occurred due to unavoidable reasons beyond the control of the Service Provider’s employees and Guests, or that were caused by the Guest himself.

19.3. The Service Provider may designate places in the complex where Guests are not allowed to enter. The Service Provider is not liable for any damage or injury to the Guest that may occur in such places.

19.4. The Service Provider is only liable for valuables, securities and cash if the item was expressly accepted for safekeeping or expressly refused to be accepted for safekeeping, or the damage occurred for a reason for which it is liable under the general rules. In this case, the burden of proof lies with the Guest.

19.5. Furthermore, the Service Provider is not liable for damages resulting from improper use.

19.6. The Service Provider shall not be liable for damages if the use of the hotel wellness department or sports facilities is limited or prohibited during the period of maintenance ordered for the purpose of compliance with extraordinary or health regulations.

20. Confidentiality

20.1. The Service Provider shall act in accordance with the provisions of the Act on the Protection of Personal Data and the Public Disclosure of Data of Public Interest when fulfilling its obligations under the Contract.

21. Place of performance and law applicable to the legal relationship between the Parties, court of jurisdiction

21.1. The place of performance shall be the place where the accommodation hotel is located.

21.2. In connection with all disputes arising from the accommodation contract, the Court with substantive and local jurisdiction shall be designated with respect to the Service Provider.

21.3. The legal relationship between the Service Provider and the Guest shall be governed by the provisions of Hungarian law.

By concluding the accommodation service contract, you acknowledge that you have read and understood the above terms and conditions and agree to be bound by them. The GTC may be amended from time to time.

Valid until revoked.

Note: Should there be any differences between the original Hungarian General Hotel Contractual Terms and Conditions and this English translation, the Hungarian version MUST BE considered the valid one.