General Terms and Conditions

When you enter the premisses of Varázskő Apartments and make use of our services, you accept our General Terms and Conditions.

Dear Guests! General Terms and Conditions (GT&C)

1. General Provisions

1.1. The General Terms and Conditions (hereinafter GT&C) summaries the contractual content based on which the Varázskő Apartments – (5700 Gyula, Gabor Aron utca 3) the Protokoll Szerviz Kft. (offices: 1095 Budapest, Mester utca 61 fsz.) that operates the apartments, enters into accommodation contract with its Guests.

1.2. The specific conditions are not included in the GT&C, but they do not exclude entering into special agreements with travelling agents, organisers, and from time-to-time specific conditions for a certain business.

1.3. The service provider reserves the right that in conditions of vis major – e.g. pandemics – besides the present GT&C, to introduce additional generally applicable instructions that shall govern the use of the accommodation and of the services.

2. Contracting Parties

2.1. The services provided by the Service provider are used by the Guest. If the order for the services was placed by the Guest directly to the Service provider, then the Contracting party is going to be the Guest. If the conditions are met, the Guest and the Service provider together become contracting parties (hereinafter: Parties).

2.2. If the order for the services is placed by a third person (hereinafter Agent) commissioned by the Guest, the terms of cooperation are governed by an agreement entered into by the Service provider and the Agent. In this case the Service provider is not obliged to verify if the Guest is lawfully represented by the third person.

3. The Modes and Terms of Accessing the Services

3.1. To the Guest’s verbal or written request for quotation the Service provider always sends a written response. If within 48 from the time the quotation has been sent there is no firm order the Service provider will have no obligations.

3.2. The Contract is entered into by the written reservation of the Guest and the written confirmation of the Service provider, and thus it is considered a written Contract.

3.3. Verbal reservations, agreements, modifications, or the verbal confirmation of the Service provider are not considered contracts.

3.4. The Contract regarding the accommodation-provision of services is entered into for a specific period.

3.5. In case the Guest permanently leaves the accommodation before the specific time period is over, the Service provider is entitled to the whole price of the services agreed in the contract. The rooms that become vacant before the specific time period is over can be remarketed by the Service provider.

3.6. For the extension of the Guest’s contract for accommodation-provision of services the prior approval of the Service provider is necessary. In this case the Service provider has the right to ask for the payment of the already provided services.

3.7. A condition for use of accommodation-provision of services is for the Guest to prove their identity according to legal provisions before they occupy the room. No one can stay at the accommodation without registering.

3.8. The Contract can be modified and/or completed only through a written agreement of the Parties.

4. Check-in and Check-out

4.1. The Guest has the right to occupy the rented location starting with 14:00 hours on the day agreed in the contract.

4.2. If on the agreed day the Guest does not show up by 18:00 hours, the Service provider has the right to withdraw from the agreement, except if there was a later arrival hour agreed beforehand.

4.3. If the Guest made an advanced payment, the room(s) will be reserved at most until 12:00 hours the next day.

4.4. The Guest must vacate the room until 10:00 o’clock on the day of departure.

4.5. Depending on the occupancy of the accommodations for a fee early arrival and late departure can be assured. In case you would like to use this service please let our colleague know through our means contacts one day beforehand.

5. Extension of Accommodation

5.1. For the extension of accommodation by the Guest a prior approval of the Service provider is necessary.

5.2. If the Guest did not vacate the room by 12:30 on the day specified at check-in and the Service provider did not approve the extension of the stay in advance, the Service provider has the right to bill out the price of the room for an additional day and in the same time the Service provider’s service obligations cease.

6. Prices

6.1. The Service provider reserves the right to change the prices without any prior notice (e.g. due to package prices or other discounts).

6.2. On the website of the apartment or on other platforms or on site the Guest is always able to check the prices before the service provision starts.

6.3. When communicating the prices the Service provider indicates the valid, legally provided value of the value added tax (VAT). The prices include the VAT as defined in the law but do not contain the tourist tax, this must be paid on site. Due to the changes in tax legislation (VAT, IFA) the Service provider has the right to transfer some costs, without prior notice, to the contracting Party.

6.4. The grand total of the invoice may contain mediated service.

6.5. Besides the services of the Service provider, as included in the price or for a surcharge Guests can buy external mediated services such as access to the Castel Bath of Gyula and the Aquapalota.

6.6. The equipment (access control bracelets), information needed for entering the bath will be given to the Guest by the Service provider at arrival.

6.7. For the equipment needed for the bath the Guest has financial liability.

6.8. The ticket prices for the bath do not contain the possible additional prices of the equipment needed when entering the bath, which is resulted from the loss and damage of the said equipment.

6.9. The Service provider reserves the right that in case the equipment is lost, damaged and is handed over incomplete, damaged, the surcharge is going to be borne by the Guest.

6.10. The price of the equipment needed to enter the bath – in case it is not otherwise established in package, or in the quotation, confirmation sent to the Guest – is HUF 5,000/bracelet.

7. Offers, Discounts

7.1. The current offers, discounts are going to be announced on the apartment website. The discounts are valid for individual room reservations.

7.2. The announced discounts cannot be combined with any other discounts.

7.3. The reservation of the Service provider’s products subject to special conditions, group reservations or in case of events, the terms are going to be detailed in individual contracts.

8. Discounts for Children

8.1. When besides the packages and daily prices the Service provider does not state otherwise, children benefit of the following accommodation-meal discounts:
-    ages 0 – 3 100%,
-    ages 4 – 12 50%

8.2. Extra beds can be placed only in certain types of rooms.

8.3. The need for an extra bed must be expressed and agreed with the Service provider at the time of reservation.

9. Terms of Cancellation and Modification

9.1. If it is not stated otherwise in the accommodation’s offer, the conditions for cancellation and modifications are the following:
- at least 72 hours before the planned check-in: no charge.
- within 72 hours before arrival, or if the Guest does not show up: 30% of the full price of the reservation will be invoiced.

9.2. When the Contracting party ensures the use of services with a down payment and on the day of arrival he does not show up (there is no written cancellation), the Service provider is going to consider the whole sum of the down payment as penalty fee.

9.3. If the Contracting party did not ensure its reservation by advance payment, credit card guaranty or other means defined in the Contract, then on the day of arrival at 18:00 hours all obligations of the Service provider cease.
If it was not specified otherwise in the Contract, then the terms for modifying are the following – except for a vis major event:

9.4. When modifying (modification of the duration of the reservation, respectively reducing the number of rooms) group reservations (starting with 10 persons) the reservation can be cancelled in writing without consequences up to 20 days before the arrival date. If there was an advance payment, the amount is going to be reimbursed without interest.

9.5. Within 20 days before the date of the arrival the group can cancel the reservation for a cancellation fee. In case of cancellation within 20 days before the arrival date the fee for cancellation of 1-7 nights is the listed price of 1 night, in case of reservations over 7 nights the cancellation fee is the listed price of 2 nights.

9.6. Besides the above, for cancellations within 20 days before the arrival date advance payments cannot be reimbursed, however the Contracting parties can agree to use it at another tome within 6 months from the date of the original reservation.

9.7. In case of Groups the food services can be cancelled without any legal consequences up to 48 hours before the date of performance. In case of modifications (reduction in quantity) or cancellations 48 hours prior to performance of services, the Group has the obligation to pay the total price of the ordered meals and services to the Service provider.

9.8. The amount of the advance payment is 30% at all times, except if the Service provider defines it otherwise in case of daily prices of packages.

10. Methods of payment, Guaranty, Terms for advance payment

10.1. The price of contracted services can be paid on site in cash (in HUF or in EUR), with cards accepted by the Service provider.

10.2. In case of bank transfers – if the Service provider does not state otherwise in the contract – the Guest has the obligation to perform the transfer in such a manner that the amount can be credited by the arrival date on the Service provider’s bank account, or the Guest confirms the transfer by a declaration of the financial institution that certifies the transfer.

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

11.1. The Service provider has the right to terminate with immediate effect the Contract of accommodation, thus to refuse performance of service, if the Guest:
- does not use the room or the facility as intended,
- by 10:30 on the of check-out specified at check-in does not vacate the room and there was no prior approval from the Service provider for extending the stay,
- has an objectionable, rude behaviour towards the rules, security, personnel of the accommodation, it is under the influence of alcohol or drugs, manifests a threatening, injurious or other unacceptable behaviour,
- suffers from a contagious disease,
- does not fulfil the obligation of paying the advance payment by the date specified,
- because of unimputable reasons cannot be given a room.

11.2. If the Contract is not fulfilled because of vis major events, it shall be deemed terminated.

12. Guaranty of Accommodation

12.1. In case the Service provider cannot ensure the services agreed in the Contract due to his fault (e.g. overbooking, temporary operating issues etc.) than it has the obligation to provide the Guest with an accommodation without delay.

12.2. The Service provider has the obligation to ensure/offer the contracted services, in the confirmed prices, for the confirmed period – or until the issues persist – at another same or higher category accommodation. All additional costs with the new accommodations are borne by the Service provider.

12.3. In case the Service provider fulfils the above obligations without delay, respectively if the Guest has accepted the offered accommodation, it shall be nor room for claims from the Guest.

12.4. If the due to a justifiable reason the Guest does not accept the replacement accommodation, and there is an obstacle on behalf of the Service provider on the day of the check-in, the Guest is entitled to reimbursement of the advance payment, if there are obstacles after check-in the Parties can agree regarding the actual services, respectively the Guest may submit claims against the Service provider according to the provisions of Law 5/2013 the Civil Code (hereinafter the CC).

13. The Rights of the Guest

13.1. By entering into the accommodation contract the Guest has all the rights for the normal use of the rented spaces, respectively to the normal use without special conditions of the facilities made available to the Guests, as well as to the normal services according to specified opening hours.

13.2. Regarding the provided services the Guest has the right to make complaints during his stay at the facility. The Service provider is going to respond to the written and received (recorded to the minutes) complaints as soon as possible.

14. The Obligations of the Guest

14.1. Payment of the agreed price: within the term specified in the confirmation or by the termination of the accommodation services.

14.2. In case of electronic equipment that is not part of the normal travelling needs, before using them the approval of the Service provider is needed.

14.3. The Guest can use our open-air, not guarded parking space for free.

14.4. In the parking space the general traffic rules apply. The maximum speed of vehicle is 20 km/h.

14.5. Guests are required to deposit the trash in the bins made available throughout the facility and in the rooms. Furniture cannot be moved around or taken outside the rooms.

14.6. The devices, equipment made available are going to be used by the Guests at their own responsibility, the posted instructions for use/operation must be observed at all times.

14.7. According to the provisions of Law 42/1999 on the protection of non-smokers, from 1st January 2012 this facility is a non-smoking facility. In consequence smoking is prohibited in the closed areas (including the rooms), social areas, respectively the open areas of the hotel (balconies, terraces, parking spaces etc.), except for the designated smoking areas. The signs regarding the compliance with the above-mentioned legislation have been posted accordingly by the Service provider. The facility’s employees have the right to warn all Guests and all persons on the premisses of the facility to comply with the above rules, respectively to cease the unruly activity. Guests and all persons on the premisses are obliged to comply with the above rules and to comply with the notices of the personnel. In case the Service provider is fined by the competent authority as a result of the Guest or any other person on the premisses not complying with the above rules, the Service provider reserves the right to transfer the total amount of the fine to the Guest that did not comply with the above legislation and to claim the amount be paid by the Guest in question.
In case there is smoking in the room, the Service provider has the right to apply a HUF 10,000.- surcharge for cleaning.

14.8. In case of fire the Guests are going to notify without delay the contact person of the facility. In case of fire or any other alarm the Guest have the obligation to leave the rooms and the public areas of the facility according to the posted instructions.

14.9. For damages caused to shared equipment, devices, furnishings due to improper use, the guests are jointly responsible.

14.10. For fireworks and other activities that are subject to authorisation, the written approval of the Service provider and of the competent authorities are required.

14.11. The Guest has the obligation to supervise any child under 14 and in his care throughout all areas of the facility and its vicinity.

14.12. In case of damages suffered by the Guest, the latter has the responsibility to immediately notify the facility or the contact person and to make all needed information available to the facility that would help clarifying the circumstances the damages occurred, or are needed for the police minutes/police investigation.

14.13. The Guests expressly acknowledge that in the commonly used areas (except dressing rooms, restrooms, but including parking spaces and external adjacent areas of the facility) the Service provider operate a closed-circuit camera system, the recordings of which are going to be deleted in accordance with the provisions of current legislation.

14.14. The Guest has the obligation to use the apartment building and its surroundings as intended and without unnecessary disturbance of the other guests or visitors.

14.15. At check-out the Guest is required to leave the keys at the reception desk. Failing to do so, respectively if the keys or the TV remote are lost or damaged the Service provider has the right to charge the Guest with a compensation fee regarding the keys or the TV remote, a fee that the Guest is required o pay on the day of check-out. The key to the room can be used to access the room by the Guest until 10:00 o’clock on the day of departure.

15. Access with Pets

15.1. Pets are accepted in the facility only based on previous agreement and to rooms designed as such.

15.2. The facility has 1 room suitable for accepting pets.

15.3. If not stated otherwise in daily or package offers, the pets can be accepted for a fee of HUF 2,000.-/pet/night.

15.4. The Service provider is not responsible for damages or inconveniences caused by pets but reserves the right to charge all damages to the owner of the pet. i.e. the Guest.

16. The rights of the Service Provider

16.1. In case the Guest does not fulfil his obligations regarding payment of fees or penalties for services used or services ordered but not used, the Service provider, for ensuring its claims, is entitled to a lien on personal property of the Guest that are stored at the facility.

16.2. The reception staff ensuring supervision on the premisses of the facility has the right to inspect the Guests that are checking in or out, to establish their identity, and in justified cases to inspect the vehicles at check-out.

16.3. If needed the reception staff has the right to direct traffic on the premisses of the facility.

16.4. . In case the Guest does not fulfil his obligations regarding payment of fees or penalties for services used or services ordered but not used, to ensure its claims the Service provider is entitled to a lien on the personal property of the Guests that are stored at the accommodation, as provisioned in the articles of the Civil Code. In case of this lien the rules regarding a landlord must be applied accordingly. Until the lien is in order the Service provider has the right to prevent the transportation of the personal property subject to the lien. In case the property subject to the lien is the Guest’s car, the right to lien is valid only for the car itself and it cannot restrict the movement of the Guest of any other person that travels with the Guest. Persons can leave the apartment without any restrictions on their freedom.

17. Responsibilities of the Service Provider

17.1. Fulfilment of accommodation and other services agreed in the contract in accordance with current service specifications and standards.

17.2. The Service provider has the obligation to investigate and to take steps in order to solve all written complaints of the Guests’, and to record these in writing.

17.3. In order to ensure quite and rest for the Guests, on the premisses of the facility and on the terraces, it is prohibited to be noisy after 22:00 hours, this also applies to loud TV, music in the rooms, the enforcement of this rule is the responsibility of the apartment’s staff.

18. Illness, Death of the Guest

18.1. In case during his stay the Guest falls ill and cannot act in his own behalf, the Service provider is going to provide him with medical assistance.

18.2. In case of illness/death of the Guest the Service provider requires compensation of expenses from the relatives, heir or bill payer of the ill/deceased person; in regards of the expenses with the possible medical services and procedures, services used before death occurred and possible damages caused in connection with the illness/death in the equipment, installations.

19. Security of Data Processing

19.1. In order to subscribe to our newsletter your name and e-mail address is required. By subscribing to the Newsletter, the user consents to the processing of the provided data. The Service provider will process these data until the subject request for these data to be erased.

19.2. Unsubscribing is made possible through a link in each newsletter and is also possible through our website.

19.3. For the accuracy of the provided personal data the responsibility lies with the Guest.

19.4. The data is protected by the Service provider, especially regarding unauthorised access, modification, transfer, disclosure, erasure or destruction, respectively damage.

19.5. The Service provider together with the server operator ensures the security of the data.

19.6. The personal data provided by the User are accessible exclusively to the staff of the data controller. The Data controller does not transfer personal data to third parties except for data marked as such, exceptions are: Pearl Marketing and Management Rendezvenyszervezo es Szolgaltato Kft., offices: 5600 Bekescsaba, Petofi u. 4. 3. Em. 9.

Tax code: 26241623-2-04
Company registration number: 04-09-014400
Bank account no.: 53300225-18805635
Represented by: Kiss Laszlo, manager.

19.7. The Service provider does not release personal data to third parties, except based on prior express consent.

19.8. The User acknowledges that based on the request of a legal authority the Service provider is obliged to release personal data to the aforementioned authority if legal conditions are met. The User cannot object to the release of personal data if it is based on legal requirements, competent authority claims or court decision.

20. Liability of the Service Provider

20.1. The Service provider is liable for damages suffered by the Guest by loss of its belongings, damage or destruction of belongings, in case the belongings have been stored at a marked location, respectively a location generally used as such, or in the room, or they were handed over to a staff member that could have been viewed as entitled to receive them.

20.2. The Service provider is not liable for damages occurred due to external circumstances that cannot be prevented or foreseen by the Service provider of its Guests, or were caused by the Guest.

20.3. On the premisses of the facility the Service provider may designate spaces that are off limits for the Guests. For damages suffer in such space by the Guest or to its property the Service provider is not liable.

20.4. For valuables, securities and cash the Service provider is liable only if it expressly received the goods for safekeeping or it refused to take them over for safekeeping, or it occurred due to causes for which in accordance with general rules is liable.

20.5. The Service provider is not liable for damages resulting from improper use.

20.6. The Service provider is not liable for damages if areas or departments of the facility that are not for accommodation or its sports facilities are restricted or not open due to maintenance or health regulations.

20.7. The use of the wellness section of the apartments is done at the Guest’s own responsibility, the Service provider is not liable for accidents resulted in near-water areas due to slipping.

20.8. The Guest is obliged to immediately notify the hotel about the damages suffered and to provide the facility with every information needed to clarify the circumstances and for possible police investigation/procedures.

20.9. The degree of compensation is fifty times the daily price of the room as specified in the contract (except for valuables, securities and cash), except if the damage is significantly smaller.

21. Confidentiality

21.1. During fulfilment of its contractual responsibilities the Service provider must comply with the legal provisions regarding the protection of personal data and publicity of data.

22. Vis Major

22.1. In case of a cause or circumstance (e.g.: war, fire, floods, weather, power shortage, strike) over which the contracting party has no influence (vis major) the parties are exempted from their contractual responsibilities, until the cause or circumstance persists.

23. Place of Performance and Applicable Law, Competent Court

23.1. The place of performance is the place where the accommodations are located.

23.2. In case of disputes resulted from the contract in respect of the Service provider the competent court is the court to whose jurisdiction the accommodation belongs to.

23.3. The legal relationship between the Guest and the Service provider is governed by the provisions of Hungarian law.

24. The Data of our Website’s Visitors

24.1. When the website operated by the Service provider is visited neither the visitor’s IP address nor any personal data are recorded. On the website search is ensured freely and anonymously. Anonymous visits on the website are used by the Service provider exclusively for statistical reasons, optimisation of online content, improvement of security, and the recorded data do not contain any personal data.

24.2. All data and facts connected to the Users are handled confidentially by the Service provider, and are exclusively used for its own statistics and research.

24.3. The Service provider is not responsible for any data already erased but archived by internet search providers, or for its previous websites. For erasure of these data the responsibility lies with the search providers.

25. Newsletter

25.1. For users subscribed to its Newsletter the Service provider may send several times a month news, information and offers, respectively direct marketing messages (hereinafter: Newsletter).

26. Privacy Policy

26.1. During the course of its activities the Service provider finds the protection of personal data important. The processing, security of the provided personal data are at all times done by complying with the relevant legislation, moreover it implements those organisational and technical measures, and develops rules of procedure that are needed to comply with relevant law.
During its activity the Service provider, in full compliance with the provisions of the data protection law, uses the data of the users exclusively for entering into an agreement, invoicing and advertising purposes.
When entering into the accommodation-service providing contract you consent to the fact that you have read and understood the above terms and conditions and you agree with its contents. Later on the General Terms and Conditions may change, all changes are going to be published on the Service provider’s website, and the current General Terms and Conditions are always available at the reception.

27. Entry into Force of he General Terms and Conditions

27.1. By entering into the contract the Guest acknowledges that he has read and understood the terms and conditions contained in the GT&C and agrees to them, respectively to comply with them as specified in the Contract.

27.2. By signing the contract the Guest acknowledges the fact that the terms and conditions may change. The current Terms and Conditions are always available on the service provider’s website and at the reception.

27.3. The Parties unanimously state that if there are significant differences between the terms of the GT&C and the terms of the Contract, the terms of the Contract are going to be applied.

The present Terms and Conditions are valid until withdrawn.
At Gyula, 11th June 2021.
Thank you for your trust! Have a pleasant stay!