General Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. Service Provider’s Data
Company name: OTP Ingatlanüzemeltető Kft.
Registered office: 1138 Budapest, Váci utca 141-143
Company registration number: 01-09-896519
Tax number: 14271623-4-41
Operated accommodation facility: Hotel OTP Balatonszemes
Address: 8636 Balatonszemes, Parti sétány 159.
Telephone: +36 84 560 911
2. General Provisions
1. These “General Terms and Conditions” (hereinafter GTC) shall apply to the use of the accommodation and other services provided by Hotel OTP Balatonszemes 8636 Balatonszemes, Parti sétány 159. (hereinafter: Hotel) operated by OTP Ingatlanüzemeltető Kft. as the Service Provider.
2. Individual terms and conditions do not form part of these GTC but it is not prohibited to conclude separate agreements with travel agents and organisers, sometimes on different terms and conditions appropriate to the given transaction.
3. In case of certain force majeure events, e.g. epidemic, the Service Provider reserves the right to apply, in addition to these GTC, additional conditions on the use of the Hotel and its services by a general order published on the Hotel's website and accessible to everyone.
3. Contracting Parties
1. The 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 conditions are met, the Service Provider and the Guest together become the contractual parties (hereinafter: Parties).
2. If the order for the services is submitted to the Service Provider by a third party (hereinafter referred to as the Intermediary) on behalf of the Guest, the conditions of cooperation will be governed 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 lawfully represents the Guest or not.
4. Means and conditions of using the service
1. At the request of the Guest, orally or in writing, the Service Provider will always send a written offer. If no specific order is received within 48 hours from the sending of the offer or until the deadline indicated in the offer, the Service Provider's commitment to the offer shall cease to exist.
2. The Contract is concluded only upon written confirmation of the Guest's reservation submitted by the Service Provider after which it shall qualify as a written contract (hereinafter: the Contract). A written agreement signed by the Parties is required to amend and/or supplement the Contract. Any oral reservation, agreement, modification or its verbal confirmation by the Service Provider shall not be deemed a contract.
3. The contract for the use of the accommodation service is made for a definite period.
4. If the Guest leaves the room permanently before the expiry of the specified period, the Service Provider is entitled to the full consideration for the service stipulated in the Contract. The Service Provider is entitled to resell the room vacated before the expiry date.
5. The prior consent of the Service Provider is required for the extension of the use of the accommodation service ordered by the Guest. In this case, the Service Provider may request reimbursement of the fee for the service already performed.
6. The condition for using the accommodation service is that the guests prove their identity in accordance with the legal regulations by presenting their relevant documents before occupying the room. No one can stay at the hotel without prior notice.
5. Start and end of stay /check-in; check-out/
1. The Guest has the right to occupy the room(s) from 2 p.m. on the agreed day.
2. In the event that the Guest does not show up by 6 p.m. on the agreed day, the Service Provider has the right to rescind the Contract unless a later arrival time has been specified in the Contract.
3. The Guest must leave the room by 10 a.m. on the day of departure.
4. Depending on the occupancy of the Hotel, early arrivals and late departures are permitted for a fee. If the Guest wishes to use this service, they must inform the hotel reception the day before their arrival.
6. Extension of stay
1. The prior consent of the Service Provider is required for the extension of the stay by the Guest.
2. If the Guest does not vacate their room by 11 a.m. on the day specified as the date of departure at check-in, and the Service Provider has not agreed in advance to extend the stay, the Service Provider is entitled to invoice 50% of the room price and the Service Provider's service obligation ceases to exist.
7. Prices
1. The current price list of the Hotel will be displayed on the information board in the lobby of the Hotel, but it can also be found on the Hotel's website (https://balatonszemes.otphotel.hu). Price lists for other hotel services are available at the respective departments (e.g. restaurant, wellness).
2. Guests can always get information about the price of the services at the Hotel reception before the start of the service.
3. The Service Provider may change the announced prices without prior notice (for example: due to package prices or other discounts). If the Guest has booked accommodation and the Service Provider has confirmed it in writing, the Service Provider may no longer change the package price.
4. The published prices include the applicable VAT but exclude tourist tax which must be paid on the spot. The Service Provider will transfer to the Contracting Party any additional charges arising due to the amendment of the tax laws (VAT, IFA) subject to prior notice.
5. There will be a single-room surcharge in all cases where a paying guest is staying alone in a room unit that can accommodate more than one person.
8. Special offers, discounts
1. The current special offers and discounts are announced on the Hotel's website and through other unique sales channels. The advertised discounts always apply to individual room bookings.
2. The advertised discounts cannot be combined with any other discounts.
3. In case of group reservations or events, the reservation of the Service Provider's products offered on special conditions will be subject to the conditions set in an individual contract.
9. Discounts for children
Unless otherwise specified in respect of our package offers or daily prices, we provide the following discounts for children’s accommodation, in the case of accommodation in a room with their parents:
- 100% from 0 to 2,99 years,
- from the age of 3 to 7,99, a 50% discount is offered from the price of the main bed according to the accommodation
- from the age of 8 and 13.99, 30% discount is offered from the price of the main bed according to the accommodation
The need for an extra bed must be agreed on with the Service Provider in advance at the time of booking.
10. Method of payment
1. The Service Provider requests payment of the consideration for the services provided to the Contracting Party no later than after their use and, as a rule of thumb, before the Contracting Party leaves the Hotel, but may also allow subsequent payment under an individual agreement.
2. The Guest is entitled and obliged to pay for the service by bank transfer or on site with cash, credit card or a valid and undamaged OTP/MKB/K&H Széchenyi Relax Card issued to the name of the Guest or the person staying with them at the latest on departure from the Hotel, unless otherwise agreed.
3. In case of payment by bank transfer, unless otherwise provided in the individual agreement with the Service Provider, the Guest is obliged to transfer the price of the ordered services to the Hotel’s bank account before the specified date of arrival so that it is credited to the Hotel’s bank account, or prove the payment by an irrevocable statement from the account-keeping bank certifying that the transfer has been made.
11. Terms of advance payment
A 30% deposit is required to make a reservation. You can pay the deposit by credit card or bank transfer. The reservation is considered valid only if the credit card transaction was successful or the bank transfer of the advance has been received by the deadline.
During peak seasons, a 50% deposit is required for the booking. You can pay the deposit by credit card or bank transfer. The reservation is considered valid only if the credit card transaction was successful or the bank transfer of the advance has been received by the deadline.
12. Terms of cancellation
Except in cases of force majeure, unless otherwise provided in the Contract, the conditions for cancellation shall be as follows:
Reservations can be cancelled free of charge until the 7th day before arrival. [U1]
Reservations can be canceled free of charge by the hotel up to 7 days before arrival. In this case, the hotel will reimburse the guest for the full amount of the deposit. As an alternative, the hotel offers the guest a different period, to which the guest's reservation can be transferred free of charge at the original price.
13. Conditions for modification
Except in cases of force majeure, unless otherwise provided in the Contract, the conditions for modification shall be as follows:
1. In case of modification of reservations for groups (from 10 people) (modification of the period of stay and/or reduction of the number of rooms), the group may cancel the order in writing without any consequences until the 20th day prior to the arrival date of the booked date.
2. Within 20 days prior to the date of arrival, the group may cancel its order with the obligation to pay a cancellation fee. If cancelled within 20 days before date of arrival, 1 night will be charged daily for bookings of 1 to 7 nights and 2 nights will be charged for bookings of over 7 nights.
4. The catering service can be cancelled by the group up to 48 hours before the date of performance without any legal consequences. In the event of any modification (reduction of the ordered quantity) or cancellation within 48 hours prior to performance, the group is obliged to pay the full fee for the pre-ordered meal service to the Service Provider.
14. Refusal to perform the Contract, termination of the service obligation
1. The Service Provider is entitled to terminate the Contract with immediate effect and refuse to provide the services, if:
- the Guest does not use the provided room or facility for its intended purpose;
- the Guest fails to vacate their room by 11 a.m. on the day indicated as the day of departure during check-in and the Service Provider has not agreed to extended stay in advance;
- the Guest behaves in a manner that is objectionable, rude, or is under the influence of alcohol or drugs, threatening, abusive or otherwise unacceptable with respect to the safety and order of the hotel, or its employees;
- the Guest suffers from an infectious disease;
2. If the Contract between the Parties is frustrated due to a force majeure event, the Contract shall be terminated.
15. Guaranteed accommodation
1. If the Service Provider is unable to provide the services specified in the Contract due to its own fault (e.g. overbooking, temporary operating issues, etc.), the Service Provider shall arrange for the accommodation of the Guest immediately.
2. The Service Provider is obliged to provide/offer the services included in the Contract at the price and for the period confirmed therein or until the end of the hindrance in a replacement accommodation of the same or higher category. All additional costs of providing replacement accommodation shall be borne by the Service Provider.
3. If the Service Provider has fully complied with these obligations or if the Guest has accepted the alternative accommodation offered to them, the Contracting Party may not assert any claim for damages subsequently.
4. If the Guest does not accept the offered replacement accommodation for a good reason and the Service Provider is prevented from providing the service before the date of arrival, the amount paid shall be refunded. If the Service Provider is prevented after the arrival, the Parties shall settle accounts with each other and the Guest may enforce any claim for damages against the Service Provider in accordance with the provisions of Act V of 2013 on the Civil Code (hereinafter: the Civil Code).
16. The Guest’s rights
1. By concluding the Contract, the Guest acquires the right to use the rented premises for their intended purpose, as well as to use the establishments of the accommodation facility provided to the Guests in the usual manner and without any special conditions attached, as well as the usual services during the opening hours.
2. The Guest may file a complaint regarding the performance of the services provided by the Service Provider during their stay in the Hotel. The Service Provider shall handle complaints submitted to it in writing (or recorded in the record of the oral complaint) during this period. The Service Provider will handle each complaint individually. The Guest may file a complaint in writing at the following address and contact details:
OTP Ingatlanüzemeltető Kft. - Hotel OTP Balatonszemes
Address: 8636 Balatonszemes, Parti sétány 159.
Mailing address: 8636 Balatonszemes, Parti sétány 159.
Tel.: +36 84560911
E-mail: recepcio@otphotel.hu
The Service Provider shall investigate written complaints in accordance with Act CLV of 1997 on Consumer Protection.
17. Obligations of the Guest
1. The Guest is obliged to pay the fee for the services provided by the Service Provider by the deadline set out in the confirmation specified in Section IV.2 of the GTC or upon expiry of the Contract.
2. In the event that Guests bring food or beverages into the Hotel and consume them in public areas, the Service Provider is entitled to charge a fair fee for these (this is called “cork-fee" for drinks). Guests are not allowed to take food/drink out of the hotel's catering facilities.
3. The consent of the Service Provider must be sought before using any electrical devices in the hotel that are not considered devices customarily used during travel.
4. Guests' cars can be parked free of charge in the hotel's open-air unguarded car park. The Service Provider disclaims any liability for damage caused to the vehicles parked in the parking lot and any valuables placed in them (including but not limited to burglary of the car and theft of any valuables in the car, theft of the car, damage caused by natural forces).
5. Cars must be driven in the parking lot according to the traffic regulations. The permissible speed of motor vehicles is 20 km/h. Please dispose of any rubbish in the rubbish bins installed in the complex or in the rooms. It is not permitted to remove or move furniture from or within the room or the building.
6. The Service Provider shall not be liable for any valuables left in the rooms.
7. The Guest may use the tools and equipment provided on the premises of the Hotel at their sole risk, in strict compliance with the displayed users’ instructions.
8. Pursuant to XLII of 1999 on the protection of non-smokers and certain rules on the consumption and distribution of tobacco products, smoking is prohibited in all closed areas of the Hotel (including the guest rooms) as well as in the public areas. The Service Provider has installed signs calling for compliance with this obligation in the areas prescribed by law. The employees of the Hotel are entitled to warn the Guests and any other person in the territory of the Hotel to comply with this law or to stop any unlawful conduct. The Guests and any other persons staying in the Hotel are obliged to comply with this law and follow any relevant instruction. If the relevant authority imposes a fine on the Service Provider under the cited legislation due to the infringing conduct of any Guest or other person staying in the Hotel, the Service Provider reserves the right to charge the amount of such fine to or claim reimbursement of the same from such unlawfully conducting person.
9. No flammable or explosive substances may be stored in hotel rooms. In the event of a fire, the hotel reception must be notified immediately. In the event of a fire or other emergency, Guests must leave the rooms or the common areas of the Hotel as soon as possible, in accordance with the information displayed there.
10. Fireworks brought along by the Guest and other activities subject to permission require the prior written consent of the Hotel and the obtaining of relevant authority permits by the Guests.
11. The Guest is obliged to ensure that any child below the age of 14 under their responsibility stays in the Hotel always under the supervision of an adult.
12. Guests sharing the rooms and the common tools and equipment of the Hotel are jointly and severally liable for any damage caused through improper use.
13. The Guest shall be liable for any damage and inconvenience caused to the Service Provider due to the fault of the Guest, their companion or another person under their control. Any damage caused through negligence or wilful misconduct by the Guest, their companion or another person under their control shall be reimbursed to the Service Provider by the person causing the damage.
14. The Guest must use the hotel building and its immediate surroundings for their intended purpose and without unreasonable disturbing other guests.
15. To ensure the relaxation of the Guests, it is forbidden to speak loudly or watch television at a disturbing volume in the interiors of the rooms, or to listen to or to play music loudly in the lobby within the inside areas of the Hotel, as well as on the terraces after 10 p.m.
16. The Guest must immediately report any damage to the Hotel reception and provide the Hotel with all the information necessary to clarify the circumstances of the damage or to draw up a police report or for the police investigation.
17. It is forbidden to take out items or textiles from the Hotel.
18. The Guest expressly acknowledges that the Service Provider operates a video surveillance system in the common areas of the Hotel (excluding changing rooms, restrooms, but including the car park and outdoor areas directly belonging to the Hotel), the recordings of which are deleted in accordance with the relevant legal regulations.
19. The Guest must keep their room closed at all times, and make sure that they have locked their room properly when leaving their room and that the door is properly closed so it cannot be opened even by use of some force.
18. Staying with pets
1. The service provider reserves the right not to allow pets in the hotel.
19. The Service Provider’s Rights
If the Guest does not fulfil the obligation to pay the fee for the chargeable services used, or ordered in the Contract but not used, in order to secure its claims, the Service Provider shall have a right of pledge, in accordance with the Civil Code, over the personal belongings of the Guest which they took with them into the Hotel. The rule of the landlord's right of pledge shall apply mutatis mutandis to this right of pledge. For so long as its right of pledge exists, the Service Provider shall be entitled to prevent the removal of such personal property encumbered with its right of pledge. If the property used as a pledge is the motor vehicle owned by the Guest, its retention as a pledge shall apply only to the pledged item, but in no way to the restriction of the personal freedom of movement of the Guest or those traveling with him. The said persons may leave the Hotel without any other restrictions.
20. The Service Provider’s Obligations
1. The Service Provider is obliged to provide the Guest with the accommodation and other services ordered on the basis of the Contract in accordance with the regulations and service standards applicable from time to time.
2. The Service Provider shall investigate the written complaint of the Guest and take the necessary steps to address the problem, record them in writing, and inform the Guest about them.
3. To ensure the relaxation of the Guests, it is forbidden to speak loudly, to watch television at a disturbing volume in the interiors of the rooms, or to listen to or to play music loudly in the lobby within the inside areas of the Hotel, as well as on the terraces after 10 p.m. Ensuring compliance with this obligation is the responsibility of the hotel staff.
21. Illness or death of the Guest
1. If the Guest falls ill during the period of using the accommodation service and is unable to act on their own behalf, the Service Provider will offer medical assistance with the costs of the offered and accepted medical assistance to be borne by the Guest. If the doctor diagnoses an infectious disease, the service provider has the right to refuse the service. Any extra costs incurred due to early departure shall be borne by the Guest.
2. In case of illness/death of the Guest, the Service Provider will claim cost reimbursement from the relatives, heirs of the Guest concerned or the bill payer for any medical and procedural costs, the fees for services used before the Guest’s death, and any damage to the equipment or furniture in connection with the illness/death.
3. The death of the guest is considered by the Service Provider to be an early departure from the hotel, in which case the fee for the remaining part of the contract period will not be refunded to the legal heir or heirs.
22. The Service Provider’s liability for damages
1. The Service Provider shall be liable for any damage suffered as a result of the loss, damage or destruction of the Guest's belongings, in the event that the Guest has placed such belongings in a place designated or customarily used by the Service Provider for this purpose, or handed them over to an employee of the Service Provider whom was identified as a person entitled to take over their belongings.
2. The Service Provider disclaims liability for damages events that occurred due to a cause beyond the reasonable control of the employees and Guests of the Service Provider or were caused by the Guest themselves.
3. The Service Provider may designate areas in the Hotel that the Guest is not allowed to enter. The Service Provider shall not be liable for any damage or injury suffered by the Guest in these areas.
4. The Service Provider is only liable for any valuables, securities or cash funds if they have been specifically transferred to it for safekeeping or if the damage has arisen for a reason for which it is liable according to the general rules. In this case, the burden of proof lies with the Guest. Furthermore, the Service Provider shall not be liable for any damage resulting from improper use.
5. The Service Provider disclaims liability for damages also if, during the maintenance of the hotel’s wellness section or facilities ordered to resolve an emergency situation or in order to comply with health regulations, the use of such facilities is restricted or not permitted.
6. Use of the hotel's wellness facilities is at the Guest's sole risk. There is an increased risk of slipping in areas around water facilities, and the Hotel disclaims liability for any resulting accidents.
23. Confidentiality
In performing its obligations under the Agreement, the Service Provider shall proceed in accordance with Regulation 2016/679 EU (General Data Protection Regulation) and Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information (hereinafter: Info Act).
24. Data Protection
1. During its activities, the Service Provider considers the protection of personal data to be of paramount importance. It always processes any personal data provided to it in accordance with the relevant laws in force ensuring its security and taking the technical and organisational measures and establishing the procedural rules necessary to comply with the relevant laws.
2. You can find the details of data processing done in the course of the Service Provider's activities in the Privacy Notice on the Hotel's website.
25. Force Majeure
1. Any cause or circumstance (e.g. war, fire, flood, weather, power failure, strike, epidemic, official/government restrictions) that arose after the conclusion of the Contract or arose before it but was unavoidable and is not imputable to either Party, and over which neither Party has control (‘force majeure’) or which directly prevents either Party from fulfilling its contractual obligation, shall relieve the Party concerned of its obligations under the Contract for as long as such reason or circumstance exists.
2. The Parties agree to use their best endeavours to minimise the possibility of these causes and circumstances occurring and to eliminate the damage or delay caused thereby as soon as possible.
3. In the event of cancellation due to force majeure, the Parties shall either agree on a new date for the use of the service within 6 months of the original booking or, if either Party notifies the other Party in writing that the service cannot be used at another time, the Contract shall be terminated with immediate effect with a unilateral statement to this effect by either Party.
4. If the performance of the services included in the Contract has become impossible due to force majeure, neither Party shall be liable for damages, and the Parties shall settle accounts with each other for the services provided up to that date, and the Parties shall be released from the performance of services that cannot be provided due to the force majeure.
26. Place of performance of the Contract, applicable law, jurisdiction
1. The place of performance of the Contract is the place where the Hotel is located.
2. The legal relationship of the Parties shall be governed by the provisions of the Hungarian law.
3. Questions not regulated in these GTC shall be governed by the provisions of the relevant Hungarian laws in particular the Civil Code.
4. In the event of a dispute, the Parties submit to the exclusive jurisdiction of the District Court of Kaposvár or the Regional Court of Kaposvár, depending on the value in dispute.
27. Scope of the GTC
1. Upon concluding the Contract, the Guest acknowledges that they have read and understood the terms and conditions contained in the GTC, and agree with their content and their application to the Contract.
2. By concluding the Contract, the Guest acknowledges that the GTC may be amended. The GTC in effect from time to time can be found on the Hotel's website or at the reception desk.
3. The Parties unanimously declare that if there is a conflict between the specific terms of the Contract and the GTC, the provisions of the Contract shall prevail.
These GTC are valid until withdrawal.
Place and date: Balatonszemes, 16.11.2022.