General Contractual Terms and Conditions of the Hotel (GCTCH)
1. General Provisions
1.1. The General Contractual Terms and Conditions of the Hotel (hereinafter referred to as: the GCTCH) summarize the contractual content based on which Sóstó Medicinal Bath Co. Ltd. - Hotel Bath House*** - (H-4431 Nyíregyháza, Sóstógyógyfürdő), (hereinafter referred to as: the Service Provider) generally concludes accommodation contracts with its Guests.
1.2. The individual terms and conditions do not constitute a part to these GCTCH, but they do not exclude the conclusion of special agreements with business organisations, tour mediators, organizers, under terms and conditions differing on an ad-hoc basis, corresponding to the given transaction.
2. The Contracting Parties
2.1. Services provided by the Service Provider are used by the Guest. If the Guest submits the order for the services directly to the Service Provider, the Guest will be the Contracting Party. If the relevant terms and conditions are met, Service Provider and the Guest shall jointly become the Contracting Parties (hereinafter referred to as: The Parties).
2.2. In the event that the order for the services is placed by a third person (hereinafter referred to as: the Mediator) on behalf of the Guest, the terms and conditions of the cooperation are regulated by the agreement concluded between the Service Provider and the Mediator. In this case the Service Provider shall not be obliged to check whether the third person represents the Guest lawfully or not.
3. Method and terms and conditions of using the service
3.1. At the verbal or written inquiry of the Guest (to the extent possible, literacy is preferred), Service Provider shall always send a written offer. In case no specific written order arrives in 48 hours after sending the offer, the offer binding for the Service Provider shall terminate.
3.2. The Contract shall be concluded exclusively by the Service Provider’s written confirmation of the Guest’s booking submitted in writing, and thus it constitutes a Contract concluded in writing.
3.3. Reservations, agreements or amendments submitted verbally, or their verbal confirmation by the Service Provider shall not be deemed to be a contract.
3.4. The Contract on the use of accommodation services is concluded for a fixed period of time.
3.5. If the Guest permanently leaves the room prior to the end of the specified period, the Service Provider shall be entitled to the total price of the service specified in the Contract. Service Provider shall be authorized to resell any room that had become empty prior to the date of expiry.
3.6. For the extension of the use of accommodation services initiated by the Guest, the prior consent of the Service Provider shall be necessary. In this case, the Service Provider may stipulate the refund of the fee of the already performed services.
3.7. A precondition for the use of the accommodation services is that the Guests must prove their identity according to the legal requirements, prior to occupying the room. No one can stay at the hotel without informing the reception desk about it.
3.8. For the amendment and/or supplementation of the Contract, a written agreement, signed by both of the Parties shall be necessary.
4. Beginning and end of the accommodation /check-in; check-out/
4.1. The Guest shall be authorized to occupy the rented rooms from 2.00 p.m. on the agreed day.
4.2. In case the Guest fails to show up by 6.00 p.m. on the agreed day, the Service Provider shall be authorized to withdraw from the contract, except for cases where a later arrival time has been stipulated.
4.3. If the Guest paid an advance payment, the room (rooms) shall remain booked latest by 12:00 on the following day.
4.4. The Guest shall leave the room by 10.00 a.m. on the day of departure.
4.5. Depending on the occupancy of the hotel, after the individual consideration of the Service Provider, the possibility of an early check-in or late check-out is provided for an extra fee or free of charge.
5. Extension of the accommodation
5.1. For the extension of the stay by the Guest, the prior consent of the Service Provider shall be necessary.
5.2. If the Guest fails to empty his room by 10.30 a.m. on the day marked as the day of departure upon the check-in, and the Service Provider has not provided his prior consent to the extension of the stay, the Service Provider shall be authorized to charge the room price for one more day and the Service Provider’s obligation to provide the service will simultaneously terminate.
6.1. The hotel’s current price list can be found in the information leaflets placed out in the hotel’s lobby, produced by printing by the Service Provider; furthermore, on the official website of the hotel (www.sostort.hu). The price lists of other services are published in the given department of the hotel, respectively, on the official website of the hotel (www.sostort.hu).
6.2. Service Provider may modify his published prices without any prior notification (e.g. concerning package prices or other discounts). If the Guest has booked an accommodation and the Service Provider confirmed it in writing, the Service Provider can not modify the price of this accommodation. The current individual and package offer prices of the Service Provider are published on the official website of the hotel (www.sostort.hu).
6.3. The Guest can always receive information on the price of services, prior to the provision of services at the reception desk of the hotel.
6.4. When communicating the prices, the Service Provider shall indicate the extent of the tax content (VAT, tourist tax) of prices regulated by the law and valid at the time the offer was made. The published prices include the VAT defined by the law; however, they do not include the tourist tax which is payable on the spot. With a prior notice, the Service Provider may pass the additional charges occurring due to the amendment of the tax law (VAT, tourist tax) in force on the Contracting Party.
7. Offers and discounts
7.1. The current offers and discounts are published on the official website of the hotel (www.sostort.hu). The advertised discounts always apply to individual booking.
7.2. The advertised discounts can not be combined with any other discount.
7.3. If products are reserved which are bound to special conditions, or in case of group reservations or vents, the Service Provider sets out terms and conditions specified in an individual contract.
7.4. For a joint booking for 15 persons, we provide 10% group discount from the specified room price. We are unable to provide discount for catering, respectively, the mediated services.
8. Discounts for children:
8.1. For children - in case of placement in a room jointly used with the parents - we provide the following discounts for catering and accommodation:
for children between 0 and 3 years, they are free of charge (under the age of 3 we provide separate dinner and breakfast only upon separate order). In this case we provide 50% discount from the price of catering.)
We provide 50% discount from the price of accommodation and catering for children between the age of 3 and 12. (We provide the discount for children also on basic beds.)
Placement of families takes place in rooms with double French beds, in family rooms for 3 or 4 persons or in apartments suitable for up to 5 persons. The apartments are two-roomed and they are suitable for accommodating up to 5 adults.
8.2. It is possible to place an extra bed, respectively, if necessary, a baby bed only in specific room types.
8.3. Requests for an extra bed or baby bed should be forwarded to the service provider in advance, simultaneously with the booking.
9. Terms and conditions of cancellation
9.1. If the hotel has not specified other terms and conditions in its offer, the terms and conditions for cancellation and modification are as follows:
Service Provider shall charge the following contractual penalty for the confirmed and cancelled bookings:
in case of a withdrawal from the Contract between the 14th and 7th day before the day of arrival confirmed officially and in writing by the Service Provider, reserved in writing the amount of the contractual penalty shall be 30% of the value of services booked by the Guest or the Mediator and confirmed by the Service Provider in writing,
in case of a withdrawal from the Contract between the 7th and 2nd day before the day of arrival confirmed officially and in writing by the Service Provider, reserved in writing the amount of the contractual penalty shall be 50% of the value of services booked by the Guest or the Mediator and confirmed by the Service Provider in writing,
in case of a withdrawal from the Contract on or before the day of arrival confirmed officially and in writing by the Service Provider, reserved in writing by the Guest, respectively, if the Guest has not showed up by the time specified in the written confirmation,the amount of the contractual penalty shall be 80% of the value of services booked by the Guest or the Mediator and confirmed by the Service Provider in writing,
If the Contracting Party is an economic organisation (including also business organisations, social organisations, churches, municipalities, municipal institutions, state organisations and their institutions, etc.), the contractual penalty - payable in case of a withdrawal from the Contract - shall be borne by the Contracting Party/Client even if the accommodation fee is otherwise borne directly by the Guest acting on behalf of the client.
9.2. If the Contracting Party has assured the use of accommodation services by an advance payment, and he does not show up on the day of arrival (no written cancellation is received from him), the Service Provider enforces the total amount of the advance payment paid in an amount specified in the Contract, as a contractual penalty. In this case he shall reserve the accommodation for the Contracting Party until 12:00 p.m. on the day after the day of arrival, and thereafter, the Service Provider’s obligation to provide the service shall terminate.
9.3. If the Contracting Party has not assured the use of accommodation services by an advance payment, credit card guarantee or in other way specified in the Contract, the obligation of the Service Provider to provide the service shall terminate after 6:00 p.m., local time on the day of arrival.
10. Payment method and guarantee
10.1. The price of the services ordered can be paid on the spot in cash (in forints or euro /the HUF/EUR exchange rate is determined by the Service Provider/), or by a credit card specified by the Service Provider as acceptable, respectively, by bank transfer.In addition to this, as of 1 January, 2015 (the Service Provider reserves the right to change the starting date of the service) it becomes possible to purchase services also through the official online accommodation booking website(www.sostort.hu/online_szallasfoglalas/) of the Service Provider, which can be settled - in addition to the above payment methods - by online payment by a credit card by the Guest or the Mediator.
10.2. In case of a bank transfer - if not otherwise regulated by the agreement concluded with the Service Provider - the Guest shall be obliged to transfer the price of the services ordered prior to the specified day of arrival to the bank account number of the hotel, so that the given amount must be credited to the hotel’s bank account number prior to the day of arrival, or the Guest must prove the bank transfer by an irrevocable declaration proving the performance of the transfer, issued by the Guests’s account keeper financial institution. Based on the request of the Guest or the Mediator, Service Provider shall be authorized to issue a prepayment invoice.
10.3. Guaranteeing of the individual reservation of rooms is possible by submitting credit card information, or by online payment by using a bank card, which latter possibility is available starting from 1 January, 2015, as specified in Section 10.1. of the GCTCH.
10.4. Other payment methods on the spot: OTP/MKB/K&H Széchenyi Rest Card, vouchers issued by the Service Provider and/or his contracted partners, furthermore, in case of certain medical/wellness services, the health insurance cards specified by the Service Provider.
10.5. Preliminary communication of data necessary for the online payment by bank card introduced from 1 January, 2015 (the Service Provider reserves the right to change the starting date of the service) and detailed description of the process, terms and conditions of the payment:
By using a bank card, you can conveniently and securely perform purchases in our webshop. After ordering the selected goods, you will be directed to the website of OTP Bank Plc. where you can perform the payment by your credit card through a transaction performed with encryption, currently considered as the most secure one. Our customers only have to click on the label “Payment by credit card” when selecting the payment method, and to enter the number and date of expiry of the card on the payment server of OTP Bank Plc. OTP Bank Plc. accepts the following card types: VISA Classic, VISA Electron and Eurocard/MasterCard.
We can accept bank cards issued exclusively for electronic use only in case if its use is permitted by the card issuer bank. Please check with your bank whether your bank card can be used for purchases performed through the Internet, or not.
After the successful purchase, OTP Bank Plc. issues an authorization code on the transaction which should be recorded by the guest, or the whole page can be printed. In case of an unsuccessful transaction, OTP Bank Plc. communicates the reason for the error in an error message.
In case of any complaints occurring by the card holder, the method of submitting the complaint and the related terms and conditions are available on the official website of OTP Bank Plc.
11. Refusal to perform the contract; termination of the obligation to provide the service
11.1. Service Provider shall be authorized to terminate the Contract on the provision of services with an immediate effect and refuse to provide the services if:
the Guest does not use appropriately the room, respectively, the facility made available him;
the Guest fails to leave his room by 10.30 a.m. on the day marked as the day of departure upon the check-in, and the Service Provider has not provided his prior consent to the extension of the stay;
the Guest shows a problematic or rough behaviour towards the security and order of the hotel, is under the influence of alcohol or drugs, or shows a threatening, abusive or other unacceptable behaviour;
the Guest has an infectious disease;
the Contracting Party fails to fulfil his advance payment obligations, specified in the Contract, by the date specified therein;
11.2. In case the Contract concluded between the Parties is not fulfilled for “force majeure” events, the Contract shall terminate.
12. Placement guarantee
12.1. In case the hotel of the Service Provider is unable to provide the services indicated in the Contract due to its own fault (e.g. overbooking, temporary operating problems, etc.), the Service Provider shall be obliged to immediately arrange the accommodation of the Guest.
12.2. Service Provider shall be obliged to provide/offer the services indicated in the contract at the prices confirmed therein, for the period of time stipulated therein - until the obstacle is eliminated - in another hotel of the same or higher category. All the additional costs related to the provision of the replacement accommodation place shall be borne by the Service Provider.
12.3. If the Service Provider fully complies with this obligation, respectively, if the Guest has accepted the replacement accommodation offered to him, the Contracting Party can not have any subsequent claim for damages.
13. Rights of the Guest
13.1. By concluding the service contract, the Guest shall become entitled to use the rented premises in the usual way, furthermore, to use the facilities of the accommodation plant - released to the use of the Guests in the usual way and without any special conditions - in the usual way, furthermore, in the published opening hours relevant for the usual service.
13.2. In connection with the performance of services provided by the Service Provider, the Guest can submit complaints during the period of stay in the hotel. Service Provider takes the obligation to handle complaints forwarded to him during this period, justifiably, in writing (or recorded by him into a protocol). Service Provider shall handle any potential complaints individually.
Complaints may be submitted by the Guests at the below address and availabilities:
14.1. Payment of the agreed fee: shall be due by the deadline set out in the confirmation, or upon the completion of the service contract.
14.2. If the Guests bring food or beverages into the hotel and consume it in public areas, the Service Provider shall be authorized to charge equitable remuneration for these (in case of the so called “plug money” drinks). It is forbidden for the guests of the hotel to take food or beverages out of the catering units of the hotel.
14.3. Prior to commissioning electrical devices brought to the accommodation place by the Guests which do not belong to the usual travel needs, the consent of the Service Provider shall be necessary.
14.4. Motor vehicles of the hotel guests can park free of charge in our uncovered and unguarded parking area that can be used with a car pass. Service Provider excludes liability for any damage occurring to the motor vehicles placed in the parking area and in the objects placed in them (including but not limited to: broken cars and thefts of any objects placed in the car; theft of the car; damages caused by natural phenomena). The hotel does not assume any liability for valuables left in the rooms; guest should use the safe boxes placed in the rooms or at the central reception desk.
14.5. In the parking area one should follow the rules of the Highway Code. The maximum permitted speed of motor vehicles is 10 km/h. The guests of the hotel shall be obliged to place the car pass, received at the reception desk into the motor vehicle that proves that the hotel guests use the parking lot with a permission.
14.6. Waste must be disposed of into the garbage collector containers placed out in the territory of the complex, respectively, in the rooms. No furniture may be taken out of or moved within the room, respectively, the building.
14.7. The tools and equipment placed out in the territory of the complex can by used by the hotel guests exclusively at their own risk, in mandatory compliance with the instructions included in the published user manuals.
14.8. Under the implementation of Act XLII of 1999 on the Protection of Non-Smokers, as of 1 January, 2012 the hotel is a non-smoking facility. According to this, in the closed premises of the hotel (including also the guest rooms), community areas,furthermore, in a radius of 5 meters from the entrance of the hotel, smoking is forbidden. Notices about the obligation to comply with the laws cited have been placed out by the hotel in the places required by the regulations. The staff of the hotel shall be authorized to warn the guests, furthermore, any other person staying in the territory of the hotel to comply with the regulations, respectively, to terminate any unlawful conduct. The guests, respectively, any persons staying in the territory of the hotel shall be obliged to comply with the regulations, furthermore, to fulfil any potential notices. If due to the unlawful behaviour of any guest or other person staying in the territory of the hotel, the competent authorities impose a fine to the operator of the hotel based on the cited regulation, the operator reserves the right to pass the amount of the fine on the person showing the given unlawful conduct, respectively, to claim its payment from him.
14.9. In case of fire, the reception desk must be informed immediately.
14.10. The Guest using the rooms and the hotel’s tools and equipments belonging to a shred use shall be jointly and severally liable for any damage occurred during an improper use of the aforesaid.
14.11. For fireworks brought by the hotel guests and other activities subject to licensing obligation, the written consent of the Service Provider, furthermore, obtainment of the official approvals by the hotel guests shall be necessary.
14.12. The Guest shall ensure that children under the age of 14, belonging to the Guest’s responsibility stay in the Service Provider’s hotel only under supervision by an adult.
14.13. The Guest shall immediately report any damage occurred to him in the hotel, and he shall provide all data to the hotel that are necessary for the clarification of circumstances of the damage incident, or potentially for recording the police protocol/for the police procedure.
14.14. The Guest expressly acknowledge that in areas of the hotel in shared use (except for changing rooms, toilets) a closed-circuit camera system is operated for security purposes, the records of which become deleted according to the relevant regulations.
15. Presence of animals
15.1. It is FORBIDDEN to bring animals (dogs, cats or other animals) to the hotel. Guide dogs constitute an exception from this. Guide dogs can be brought into the hotel by our guests free of charge.
16. Rights of the Service Provider
16.1. If the Guest fails to fulfil his obligation related to the payment of fee for the services used or the services ordered in the Contract but not used, but subject to payment of a contractual penalty, the Service Provider shall be entitled to a pledge for the assurance of his claims in respect of those personal belongings of the Guest which were brought into the hotel.
16.2. The reception service, providing permanent surveillance in the territory of the complex shall be authorized to control the Guests arriving and leaving, to verify their identity, and to inspect the exiting vehicles, where appropriate.
16.3. If necessary, the reception service shall be authorized to manage the traffic in the territory of the complex.
17. Obligations of the Service Provider
17.1. Fulfilment of accommodation and other services ordered based on the contract according to the valid requirements and service standards.
17.2. The investigation of the Guest’s written complaints and taking of the steps necessary for handling the problem, their recording and replying in writing shall take place in a period of up to 30 days after the record is made.
17.3. In the area within the hotel, furthermore, in the parking lot - in order to ensure the rest of our Guests - it is FORBIDDEN to perform loud activities after 10.00 p.m., including also watching the television and listening to music in the internal spaces of the rooms with disturbing sound effects, furthermore, playing loud music in the lobby, and the hotel staff is responsible for ensuring compliance with the above requirements.
18. Illness and death of the guest
18.1. If the Guest gets sick during the duration of the service so that the Guest is unable to act on behalf of himself, the Service Provider shall offer medical assistance.
18.2. In case of the Guest’s illness or death, the Service Provider claims compensation of his costs from the relative, heir, respectively, invoice payer of the patient/deceased; in in respect of the potential medical and procedural costs, the price of services used prior to his death, and any potential damage occurred in the facilities or equipment in connection with the illness/death.
19. Safety of data management
19.1. To subscribe for our newsletter on our website, it shall be mandatory to submit the name and e-mail address of the user. By subscribing for the Newsletter, the User agrees with the management of their data submitted. Service Provider shall manage data as long as their deletion is requested by the person concerned.
19.2. The opportunity to unsubscribe is provided by a direct link in each newsletter, respectively, it is possible also on the website.
19.3. User shall be responsible for the authenticity of personal data submitted.
19.4. Service Provider shall protect data particularly from any unauthorized access, alteration, transmission, disclosure, deletion or destruction, furthermore, against any accidental destruction or damage.
19.5. Service Provider shall ensure the safety of data together with the operators of the server.
19.6. Personal data submitted by the User are accessible exclusively by the employees of the data manager. The data manager does not disclose personal data to third persons except for those indicated.
19.7. Service Provider shall not give out personal data to any third party, only with the prior and express consent of the person concerned.
19.8. The User acknowledges that based on authorization by the law, the Service Provider shall be obliged to provide personal data to the requesting authority, if the relevant statutory conditions are met. The User may not have any objections against data provision taking place based on the law or any decision of an authority or a court.
20. The Service Provider’s liability for damages
20.1. Service Provider assumes liability for damages occurring to the Guest staying at the hotel due to the loss, damage or destruction of the Guest’s belongings, provided that these belongings were placed by the Guest in the place designated by the Service Provider, respectively, which is usually intended for such purpose (safe box placed at the reception desk), or which were handed over by the Guest to the Service Provider’s employee who could be regarded by the Guest as authorized for the takeover of his belongings.
20.2. The liability of the Service Provider does not cover those damage incidents which have occurred for unavoidable reasons beyond the control of the Service Provider’s employees and Guests, or which have been caused by the Guest himself.
20.3. Service Provider may designate places in the territory of the complex where the Guest may not enter. Service Provider does not assume any liability for any potential damage or injury occurred to the Guest in these places.
20.4. Service Provider shall be liable for valuables (e.g. jewellery, car keys and other valuables belonging to this category), securities and cash only if he has expressly taken over the object for guarding, or if the damage occurred for a reason for which the Service Provider is liable in accordance with the general rules. In this case, the burden of proof lies with the Guest.
20.5. Furthermore, the Service Provider shall not be liable for any damage resulting from an inappropriate use.
20.6. The Service Provider is not subject to liability for damages also in cases where if the use of the hotel’s wellness department or such facilities, possibly for the period of maintenance ordered to comply with the health requirements is limited or not allowed.
21.1. During the performance of his obligations included in the Contract, the Service Provider shall be obliged to act in accordance with the rules of the Act on the Protection of Personal Data and Public Access to Data of Public Interest (Hungarian abbreviation: Avtv.).
22. Force majeure
22.1. Those reasons or circumstances (for instance, war, fire, flood, rigors of weather, power shortage, occurrence of a strike) which are beyond the Party’s control (force majeure events), shall relieve any party of their obligations arising out of the Contract, as long as such reason or circumstance persists.
23. Place of performance and the law applicable for the relatioship between the Parties; the acting court
23.1. The place of performance is the place where the accommodating hotel is located.
23.2. For any disputed arising out of the accommodation contract, in respect of the Service Provider, the substantively and locally competent court of justice shall be designated (Nyíregyháza District Court).
23.3. For the legal relationship between the Service Provider and the Guest, provisions of the Hungarian regulations shall prevail.
24. Data of our website’s visitors
24.1. Service Provider shall not record the User’s IP address or any personal data during the User’s visit at the website operated by the Service Provider. During the visit at the website, search is ensured freely and anonymously. Service Provider uses the unanymous online visit exclusively for statistical purposes, to optimize his Internet presence, to increase the security of the system, and the recorded data do not include any personal information.
24.2. Service Provider shall handle all data and facts on the Users as confidential data, and he shall use them exclusively for the purposes of own research or the preparation of statistics.
24.3. Service Provider does not assume any liability for his previous websites that have already been deleted but which have still become archived by the Internet search engines. The operator of the search page should arrange their removal.
25. Our newsletter
25.1. Service Provider delivers electronic direct marketing messages and online Newsletters containing news, information and offers (hereinafter referred to as: the Newsletter) even several times per month to the persons subscribing for the newsletters of the website operated by the Service Provider.
26. Privacy Statement
26.1. During his activities, the Service Provider regards the protection of personal data as an issue of special importance. He shall handle the personal data made available to him always in compliance with the regulations in force, he shall ensure their safety and take all those technical and organisational measures and establish those procedural rules which are necessary for the compliance with the relevant regulations.
Under the Data Protection Act, during his activities, the Service Provider shall use the data of Users exclusively for the purposes of contracting, invoicing and his own advertising purposes.By concluding the contract on the provision of accommodation services, you agree that you have read and understood the above terms and conditions and rules and agree with their contents.These GCTCH may be subsequently amended.