- +36 20 514 0540
- info@cabinbalaton.hu
- 8314 Vonyarcvashegy, Agyagos u. 9.
GENERAL TERMS AND CONDITIONS (GTC)
www.cabinbalaton.hu – effective from 2024-07-08
The owner and webmaster of the site:
Details of the Service Provider (Seller, Company)
Name: Balaton Next Limited Liability Company
Location: 8314 Vonyarcvashegy, Rákóczi köz 12
Postal address: 8314 Vonyarcvashegy, Rákóczi köz 12
Registering authority: Zalaegerszegi Törvényszék
Company registration number: 20-09-076914
Tax number: 27342600-2-20
Representative: Viktor Jónás
Phone number: +36-20-514-0540
E-mail: info@cabinbalaton.hu
Website: http://www.cabinbalaton.hu
Bankszámlaszám: 50466797-10000056-00000000
Details of the hosting provider
Name: nethely Ltd.
Head office: 1115 Budapest, Halmi utca 29.
Contact: +36-1-445-2040 info@nethely.hu
Website: www.nethely.hu
Concepts
Parties: seller and buyer jointly
Consumer: a natural person acting for purposes other than his or her own occupation or economic activity who buys, orders, receives, uses, makes use of or is the addressee of a commercial communication or offer of a service. For the purposes of the rules on conciliation bodies – see the 2013 Regulation on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. with the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, a consumer is, in addition to the above, a civil organisation, religious legal person, condominium, housing association, acting for purposes outside its independent profession and economic activity, which buys, orders, receives, uses, makes use of goods or is the recipient of commercial communication or offer related to goods. Commission Regulation (EU) No …/2018 of …2018 on tackling unjustified territorial restrictions and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC. For the purposes of Regulation (EU) No 2018/302 of the European Parliament and of the Council of 28 February 2018 [hereinafter “Regulation (EU) No 2018/302”], a consumer is also an undertaking which, in addition to the above, is a buyer within the meaning of Regulation (EU) No 2018/302.
Consumer contract: a contract where one of the parties is a consumer
Website: this website, which is used to conclude the contract
Contract: A contract of sale between the Seller and the Buyer using the Website and electronic mail. a contract for the provision of goods or services
Device for remote communication: a device that enables the parties to make a contractual statement in their absence for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in press products, catalogues, telephones, faxes and Internet access devices
Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract
Service contract: any contract other than a sales contract under which a business provides or undertakes to provide a service to a consumer, including digital services;
Business: a person acting in the course of his or her profession, self-employment or business
Buyer/s: the person who enters into a contract by submitting a purchase offer via the Website
Warranty: a guarantee for the performance of a contract within the meaning of the Civil Code, which the undertaking has voluntarily assumed for the proper performance of the contract, in addition to its legal obligation or in the absence thereof,
Digital service:
Digital content: data produced or delivered in digital form;
Functionality: the ability of a good, digital content or digital service containing digital elements to fulfil its intended function;
Consumer: consumer as defined in the Civil Code;
Interoperability: the ability of a good, digital content or digital service that contains digital elements to work with hardware and software that is different from that with which the same type of good, digital content or digital service is normally used;
Compatibility: the ability of a good, digital content or digital service that contains digital elements to work with hardware or software with which the same type of good, digital content or digital service is commonly used, without the need for modification;
Durable medium: any device which enables a consumer or a business to store data addressed personally to him in a way that is accessible in the future, for a period of time adequate for the purposes for which the data were intended, and to display the stored data in an unchanged form;
Purchase price: the consideration to be paid for the goods and the provision of digital content;
Digital environment: the hardware, software and network connections used by consumers to access or use digital content or services;
Integration: the connection and integration of digital content or digital services with the various components of the consumer’s digital environment in such a way that the digital content or digital service can be used in accordance with the requirements for contractual performance;
Relevant legislation
The Contract shall be governed by the provisions of Hungarian law, and in particular by the following laws:
Scope of the GTC, adoption
The content of the contract concluded between us shall be governed by these General Terms and Conditions (hereinafter “GTC”), in addition to the provisions of the applicable mandatory legislation. Accordingly, these GTC contain your and our rights and obligations, the terms of the contract, the terms of performance and payment, the liability rules and the conditions for exercising the right of withdrawal.
The technical information necessary for the use of the Website, which is not included in these GTC, is provided by other information available on the Website.
You must read the provisions of these GTC before finalising your order.
Language of the contract, form of the contract
The language of the contracts covered by these GTC is Hungarian. Contracts covered by these GTC are not written contracts and are not registered by the Seller.
Prices
Prices are in HUF and include 5% VAT. The possibility that the Seller may change the prices for commercial policy reasons cannot be excluded. Price changes do not apply to contracts already concluded. If the Seller has indicated the price incorrectly and has received an order, but the parties have not yet concluded a contract, the Seller shall act in accordance with the “Procedure for incorrect price” clause of the GTC. Some of our services are subject to VAT at 27%, as above.
Procedure in case of incorrect price
It is considered to be an obvious misstatement of the price:
In the event of an incorrect price indication, the Seller offers the possibility to purchase the service at the real price, in the knowledge of which the Customer may decide whether to order the service at the real price or to cancel the order without any adverse legal consequences.
Complaints and redress
The consumer may make a complaint about the services or the conduct, activity or omission of the Seller using the following contact details and methods:
A consumer may communicate to the business, orally or in writing, a complaint about the conduct, activity or omission of the business or of a person acting in the business’s interest or on the business’s behalf directly related to the marketing or sale of goods to consumers.
The business must investigate the oral complaint immediately and remedy it as necessary. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the undertaking must immediately take a record of the complaint and its position on it and, in the case of a face-to-face oral complaint, give a copy of the record to the consumer on the spot. In the case of a verbal complaint made by telephone or other electronic communications service, the consumer must receive a reply on the substance of the complaint within 30 days at the latest, in accordance with the provisions applicable to replies to written complaints. In other respects, it shall act on the written complaint as follows.
Unless otherwise provided for in a directly applicable legal act of the European Union, the undertaking must reply in writing to the written complaint within thirty days of receipt and take steps to communicate the complaint. If the complaint is rejected, the business must inform the consumer in writing of the authority or conciliation body to which he or she may refer the complaint, depending on its nature. The information must also include the location, telephone and internet contact details and the postal address of the competent authority or conciliation body in the consumer’s place of residence or domicile. The information should also include whether the undertaking has made a general declaration of submission to the conciliation panel decision.
If any consumer dispute between the Seller and the consumer is not resolved in the negotiations, the following enforcement options are available to the consumer:
Consumer protection procedure
Complain to the consumer authorities. If a consumer notices a breach of his or her consumer rights, he or she has the right to lodge a complaint with the consumer protection authority in his or her place of residence. Once the complaint has been dealt with, the authority will decide whether to proceed with the consumer protection procedure. The first level consumer protection authorities are the government offices of the capital city and county where the consumer resides, a list of which can be found here: https://www.kormanyhivatalok.hu/
Court proceedings
The customer is entitled to enforce his/her claim arising from a consumer dispute before a court in civil proceedings in accordance with the provisions of the Civil Code 2013. V of 2016 and the 2016 Act on the Code of Civil Procedure. CXXX. according to the provisions of the law.
Conciliation Body procedure
If your consumer complaint is rejected, you have the right to take your complaint to the competent conciliation body in your place of residence or domicile or to the conciliation body you have indicated in your request. The conciliation body’s procedure can be initiated only if the consumer tries to resolve the dispute directly with the business concerned.
Unless the consumer requests a personal hearing, the conciliation panel shall hold the hearing online, without the consumer being present in person, by means of an electronic device providing simultaneous audio and video transmission (hereinafter “online hearing”).
The company has a duty to cooperate in the conciliation procedure, and in this context we are obliged to send our reply to the conciliation body within the deadline set by the conciliation body. The Commission proposal for a Directive on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC of the European Parliament and of the Council of 2013. With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the undertaking must ensure the participation of a person authorised to negotiate a settlement at the hearing. The representative of the business authorised to reach a settlement must attend the online hearing. If the consumer requests a personal interview, the business representative authorised to negotiate a settlement must attend the interview at least online.
More information on the Conciliation Boards is available here: https://www.bekeltetes.hu
Contact details for each of the regional Conciliation Boards:
Budapest Conciliation Board Contact: |
Baranya Castle County Conciliation Board Contact: |
Borsod-Abaúj-Zemplén County Conciliation Board Contact: |
Csongrád-Csanád Castle County Conciliation Board Contact: |
Fejér Castle County Conciliation Board Contact: |
Győr-Moson-Sopron Castle County Conciliation Board Contact: |
Hajdú-Bihar Castle County Conciliation Board Contact: |
Pest Vármegyei Békéltető Testület Contact: |
Online dispute resolution platform
The European Commission has set up a website where consumers can register to resolve their online shopping disputes by filling in an application form and avoiding court proceedings. This allows consumers to enforce their rights without being prevented from doing so, for example, by distance.
If you want to complain about a product or service you bought online and do not necessarily want to go to court, you can use the online dispute resolution tool
The portal allows you and the trader you have complained about to choose the dispute resolution body you want to deal with your complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
Copyrights
The Copyright Act 1999. LXXVI. Act (hereinafter referred to as “the Act”) 1. § (1) of the EU Copyright Act, the website is a copyright work and all parts of it are protected by copyright. According to Art. 16. § (1) of the website, the unauthorised use of graphic and software solutions, computer program creations or any application that may be used to modify the website or any part of it is prohibited. Any material may be reproduced from the website and its database only with the written consent of the copyright holder and with a reference to the website and acknowledgement of the source. The rights owner is Balaton Next Limited Liability Company
Partial invalidity, code of conduct
If a clause of the GTC is legally invalid or ineffective, the remaining clauses of the contract remain in force and the provisions of the applicable legislation apply in place of the invalid or defective part.
The Seller does not have a code of conduct under the Unfair Commercial Practices Act.
How digital content works, technical protection measures
The availability of the servers providing the data displayed on the website is above 99.9% per year. The entire data content is backed up regularly, so that the original data content can be restored in case of problems.The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with appropriate encryption strength, using hardware support built into the processor for encryption.
Information on the essential characteristics of the services
On the website, information on the essential features of the services available for purchase is provided in the descriptions of each service.
Correction of data entry errors – Responsibility for the accuracy of the data provided
During the order process, you will always have the opportunity to modify the data you have entered before finalising the order (clicking on the back button in the browser will open the previous page, so you can correct the data you have entered even if you have already moved to the next page). Please note that it is your responsibility to ensure that the information you provide is entered accurately, as the service will be billed and fulfilled based on the information you provide. Please note that an incorrect e-mail address or a full mailbox may result in non-delivery of the confirmation and prevent the conclusion of the contract.
Using of the website
Submit a booking request
You can submit a booking request on the website under ‘Booking’.
To submit a booking request, you must enter the number of guests arriving and whether they are children or adults.
You must then enter the arrival and departure dates in the calendar that appears. No booking request can be sent for days marked with strikethrough lines, as those days are already booked.
You will then need to enter your billing details and finalise the booking request.
Booking conditions
Reservations can only be made through the booking system on the Cabin Balaton website and via email. We will provide information and direct our guests to the above-mentioned platforms in response to enquiries received by telephone or on our social networking sites.
The Guest is solely responsible for the accuracy of the information provided in the booking system of the website.
We cannot accept booking requests that are not filled in correctly.
Cabin Balaton has a maximum capacity of 2 persons + 1 child under 2 years.
The minimum number of nights that can be booked is 2.
In case of special periods (these will be displayed on the website) we may deviate from this.
1 night bookings are only possible by special arrangement for the remaining bookable 1 nights between bookings. Requests for 1-night stays need to be agreed individually.
To finalise the reservation, 100% of the booking fee must be paid in advance, within 3 days of the confirmation being sent.
If we do not receive the payment by the above deadline and we do not receive any feedback from the guest, the booking will be cancelled.
For bookings made on our website, the booking fee can be paid by credit card, bank transfer and SZÉP card (OTP, MKB and K&H).
For ease of identification, please always include the name of the person making the reservation and the date of the reservation as a notice/notification.
Once we have accepted your quote in writing and received your booking fee by the deadline, we will send you an email confirming your booking. The reservation is guaranteed after our written confirmation.
Change of date, cancellation
The booking date must be confirmed by the Guest within 14 days prior to arrival. You can change your booking once up to the day of booking, subject to availability.
The booking fee already paid will then be credited towards the new date. The reservation fee paid can be used within 3 months from the date of the request for modification.
If the request for a change is received within 14 days of arrival, the booking fee already paid will only be included in the price of a new booking within 3 months if the cancelled date is resold.
If the cancelled date cannot be re-sold, the booking fee paid by the Guest will not be refunded.
If the Guest does not cancel the reservation in writing but does not show up on the day of arrival, the reservation fee will not be refunded, even if the service is not provided.
In the event that the Guest leaves after arrival but before the end of the pre-booked period, for reasons beyond the control of the service provider, the booking fee paid for the booked period will not be refunded.
In case of cancellation up to14 days before the day of arrival, 50% of the fee paid will be refunded. In the event of cancellation after this period, the full amount of the booking fee will be charged and is non-refundable.
The refund will be made within 10 days of cancellation to the account number provided by the Guest.
The cancellation policy may vary for bookings made for dates that are priority periods, in which case we will send a confirmation e-mail with specific information.
Legal and data recording obligations for reservations:
The Service Provider, as the accommodation provider, is legally obliged to verify the identity of the Guests in advance through the COMPANY system in order to verify the eligibility to use the service.
The process is as follows:
All guests must have successfully completed this pre-registration before they can occupy their cabin.
Reception, arrival and departure times
It is possible to book accommodation by prior arrangement, ‘self-check in’. The key for independent access to the cabin is stored in a key safe on the cabin terrace. The code of the key safe will always be shared with the guest on the day of arrival at the latest.
Cabin Balaton can be occupied from 15.00 on the day of arrival and must be vacated by 10.00 on the day of departure.
Earlier arrival or later departure is possible subject to cabin occupancy, as described in the ‘Guest Information’ section of the GTC, subject to prior agreement.
Purchase a gift voucher
You can purchase gift vouchers by clicking on “Gift Voucher” in the “Gift Voucher” menu.
Once you have selected the type of gift voucher, you can continue shopping by clicking on “Add to basket”.
On the page that appears, you must select the form in which you wish to send the voucher and then click on “Continue to checkout”.
On the page that appears, the billing details must be filled in, then the order can be finalised and sent to the Supplier by clicking on “Submit Order”.
The voucher can be used to pay for the accommodation available on the Website within 1 year from the date of issue (purchase).
The voucher may not be used for any other purpose or with any other Service Provider.
To use the voucher, a reservation must be made with the Service Provider.
The voucher is non-refundable.
Guest information
Cabin Balaton can be booked from 15:00 on the day of arrival.
On the day of departure, you must leave Cabin Balaton by 10:00 and return the key you received at check-in in the agreed manner.
For stays longer than a week, the operator will provide a change of bed linen and towels once a week and cleaning. On the day of departure, the stay can be extended if no new guests arrive that day.
Extension fee: 5 000 HUF / hour started.
At check-in, the key is handed over by the operator / his representative or can be taken from the key safe.
In case of loss of the key, a compensation fee (HUF 10 000) will be charged upon departure.
Only registered guests are allowed in the guest house.
To protect personal valuables, the house should always be locked.
In case of fire, call +112 and +36 20 514 0540.
24-hour on-call service: +36 20 514 0540
In case of fire, call +112 and then +36 20 514 0540.
Fire extinguishers are located on the terrace next to the entrance and must be used by the Guest in case of fire.
The Guest is responsible for the cost of any damage and alarms caused by negligent fire.
– Heating/cooling
Heating and cooling can be controlled by a FUJITSU control panel in the corridor.
On/off: if you do not need cooling/heating, please switch off the unit.
During mid-morning hours, it is advisable to shade the bedroom with a curtain to avoid the house heating up.
Display: the display shows the desired temperature.
The display shows the desired temperature.
–
Please do not use the other buttons on the control.
The hot/cold air is blown in through the opening in the wall next to the bed.
– Outdoor lighting
The lighting in front of the house and on the pavement is on a timer and switches on and off automatically every day.
There is no manual on/off.
– Kitchen
The opening above the sink and hob is not an extractor hood.
The heating/cooling system draws air through it.
The kitchen has everything you need for cooking.
There are also restaurants nearby that offer delivery service.
You will find products from our partners in the area in the fridge and in the cupboard.
Drinks and meals are available for a fee, information and prices are available in the kitchen cupboard.
Coffee and tea are free of charge.
It is not allowed to bring into the Cabin Balaton building, on the territory of the house, things classified as corrosive, flammable chemicals, substances classified as flammable and/or explosive substances, fireworks, firecrackers, their parts, components, waste, things harmful to the environment, health, psychotropic substances.
In the event of the entry into the building or its premises of any object that is not admissible without the written permission of the Operator, the Operator may remove or have removed at the Guest’s expense.
The Operator shall not be liable for any damage caused by the unauthorised entry of the object, and the Guest shall be fully liable for any damage or injury caused by the unauthorised entry to other Guests, third parties or the Operator.
The Guest is liable for any damage caused by his/her own electrical appliance and the Guest is obliged to compensate for any damage caused.
It is forbidden to bring pets into the Cabin Balaton premises.
Cabin Balaton is non-smoking.
This means that smoking and the use of electric cigarettes is prohibited in the building.
For the peace and quiet of the neighbours and the community, after 22:00 hours, no loud noise, music, noise, noise-making activities, sound effects, television, radio, etc.
In the area of Cabin Balaton, regardless of the time of day, any behaviour or conduct that disturbs the peace, safety or privacy of others is prohibited.
The Operator is entitled to warn the Guest who is disorderly and/or loud.
The first warning is free of charge, for further warnings the Operator may impose a fine of HUF 25 000 each.
After the third warning, the Operator is entitled to expel the Guest immediately from the premises without any obligation to pay back or compensation.
The Operator excludes liability for any damage caused by the Guest’s behaviour to other Guests.
The Guest is obliged to use the tools and equipment found in the house for their intended purpose.
Any damage resulting from improper use must be paid by the Guest before leaving.
The furnishings and equipment found in the house may be removed from the house only with the permission of the operator.
The internal rearrangement of the house may be carried out by the operator or his designated agent.
The removal of any item from the house without the prior written permission of the operator is considered a criminal offence and the operator will take the necessary criminal and civil action.
The Guest is obliged to notify the Operator of any malfunction of any equipment, fixtures or fittings in the House.
The Guest is not entitled to repair the fault himself.
The Operator excludes any liability for damages resulting from this.
The Cabin Balaton has a Wifi system, the use of which is free of charge.
The operator is not liable for any direct or indirect damage caused to the Guest’s device or its contents during or as a result of the use of Wifi.
The Guest uses the service at his/her own risk and responsibility.
Found objects can be handed in to the operator’s staff, where they will be registered.
Food, food-related articles and medicines will be destroyed by the operator.
The operator will keep the storable objects for 10 days.
If the rightful owner of the found object presents himself, he can take over the object by presenting and signing a document proving his identity and reimbursing the costs incurred for its safekeeping.
The operator is not responsible for any damage caused to the Guest’s belongings brought into the house.
The Guest uses the building of Cabin Balaton, its equipment and other services as intended and uses it in the knowledge and awareness of his/her own health, physical and mental condition, therefore the Operator excludes liability for damages resulting from the use and use of the building not as intended or not in accordance with the actual health, physical and mental condition of the Guest.
Please report any malfunctions in Cabin Balaton to the operator immediately.
Damage caused negligently or intentionally will be compensated by the operator to the person who caused it.
Bicycle user manual
The operator of the bicycles (Balaton Next Ltd.) ensures that the bicycles are always in good technical condition by regular inspections.
The use of the bicycles is included in the accommodation fee.
The users of the bicycles commit themselves to use the bicycles in a gentle and professional way.
take the utmost care to ensure the safety of the bicycles in storage (against theft) and lock them at all times with a lock provided by the operators.
Bicycles are not insured.
Bicycle users declare that they are physically and mentally fit to ride their bicycles at their own risk and that in the event of any injury to them, they will bear the financial burden of any damage and will take care of their own health, property and liability insurance.
The users of bicycles acknowledge that they are obliged to use the bicycles in accordance with the traffic regulations in force.
In case of violation of the rules, the responsibility is fully borne by the user of the bicycle, and any resulting damage is borne by the user.
Bicycle users acknowledge that the wearing of helmets is compulsory in all cases when using bicycles.
Bicycle users undertake to inspect the main parts of the bicycles (brakes, chain, gears, handlebars, etc.) before each use and acknowledge that damage and deterioration to the bicycles may only be charged to the operator if the user notifies the operator of such damage or deterioration at the latest before use.
Otherwise, the user of the bicycle may be liable to pay compensation for the damage.
Bicycles can only be used by persons over 18 years of age.
By making a reservation (paying the reservation fee), the Guest acknowledges that the above information, such as:
– conditions related to sending a reservation request,
– booking, modification and cancellation conditions,
– legal, data recording obligations for booking,
– information related to guest reception, arrival and departure times,
– conditions related to the purchase of gift vouchers,
– guest information,
– bicycle user manual,
has read and accepts what is written in them.
Finalising the order (making an offer)
If you are satisfied that the contents of your shopping basket correspond to the services you wish to order and that your details are correct, you can complete your order by clicking on the “Submit booking request” button. The information provided on the website does not constitute an offer by the Seller to enter into a contract. For orders covered by these GTC, you are considered to be the tenderer.
By clicking on the “Submit Booking Request” button, you expressly acknowledge that your offer is deemed to have been made and that your declaration will be subject to payment, if confirmed by the Seller in accordance with these GTC. The Seller is obliged to confirm the receipt of the order to the Buyer by electronic means without delay. If this confirmation is not received by the Customer within a reasonable period of time, depending on the nature of the service, but no later than 48 hours from the date of sending the Customer’s order, the Customer is released from the obligation to make an offer or contractual obligation.
Processing of the order, conclusion of the contract
Orders are processed in two stages. You can place your order at any time. You will first receive an automated confirmation of your order, which only records the fact that your order has been received via the website, but this confirmation does not constitute acceptance of your offer. If you notice that the automatic confirmation e-mail notification contains incorrect information about you (e.g. name, delivery address, telephone number, etc.), you are obliged to notify us immediately by e-mail, together with the correct information. If you do not receive an automatic confirmation email within 24 hours of placing your order, please contact us as your order may not have been received for technical reasons.
After sending your offer, the Seller will confirm your offer by a second e-mail. The contract is concluded when the confirmation email sent by the Seller becomes available to you in your mail system (second confirmation, acceptance of offer).
Payment methods
Stripe (Credit Card Payment)
The online store offers the possibility to pay with Stripe.
More information about Stripe in English is available here.
Bank transfer
You can also pay for services by bank transfer.
OTP SZÉP card
You can pay online with your OTP SZÉP card. For the exact details of how this payment process works, please contact us (by phone or e-mail) at the contact details provided in the GTC.
For more information about the OTP SZÉP card, please visit:
https://szepkartya.otpportalok.hu/fooldal/
MKB SZÉP card
On our website you can pay online with your MKB SZÉP card.
For the exact details of how this payment process works, please contact us (by phone or e-mail) at the contact details provided in the GTC.
For more information about the MKB SZÉP card, please visit:
https://www.mkbszepkartya.hu/
K&H SZÉP card
On our website you can pay online with your K&H SZÉP card.
For the exact details of how this payment process works, please contact us (by phone or e-mail) at the contact details provided in the GTC.
For more information about the K&H SZÉP card, please visit:
https://www.kh.hu/napi-penzugyek/bankkartya/szep-kartya
Deadline for delivery
The specific deadline for fulfilling your order depends on when you book your accommodation on the Website, so it will be fulfilled at the time you book it. Confirmation of the reservation will be made within 5 days before this date.
Sales abroad
The Seller does not distinguish between buyers within the territory of Hungary and buyers outside the territory of the European Union by using the Website. Unless otherwise provided in these GTC, the Seller shall ensure the delivery/pick-up of the ordered services in the territory of Hungary.
The provisions of this GTC shall also apply to purchases made outside Hungary, provided that, for the purposes of this clause, a consumer is a national of a Member State or a business established in a Member State who purchases goods or services within the European Union solely for the purpose of final consumption or for the purpose of using them or acting with such intentions, in accordance with the provisions of the relevant Regulation. A consumer is a natural person who is acting for purposes which are outside the scope of his commercial, industrial, craft or professional activities.
The language of communication and purchase shall be primarily Hungarian, Seller is not obliged to communicate with Buyer in the language of Buyer’s Member State.
The Seller is not obliged to comply with or inform the Buyer of any non-contractual requirements, such as labelling or sector-specific requirements, laid down in the national law of the Buyer’s Member State in relation to the service concerned.
Unless otherwise specified by the Seller, the Hungarian VAT rate will be applied to all services.
The Customer may exercise his/her enforcement rights in accordance with these GTC.
In the case of electronic payment, payment is made in the currency specified by the Seller,
The Seller may withhold the performance of the service until it is satisfied that the price of the service and the delivery charge have been successfully and fully paid using the electronic payment solution (including in the case of a service paid by bank transfer, where the Buyer transfers the purchase price in the currency of the Member State in which the service is provided and the Seller does not receive the full amount of the purchase price due to the conversion and bank commissions and charges). If the price of the service has not been paid in full, the Seller may request the Buyer to supplement the purchase price.
In order to provide the service, the Seller will also provide the same facilities to non-Hungarian customers as to Hungarian customers.
Consumer information on the 45/2014. (II. 26.) Korm. under the Regulation
Information on the consumer’s right of withdrawal from the contract
As a consumer, the Civil Code. 8:1. § 1. paragraph 3. only natural persons acting outside the scope of their profession, self-employed occupation or business activity, so legal persons may not exercise the right of termination without justification!
The consumer is subject to the 45/2014. (II. 26.) Korm. Regulation 20. §, you have the right to terminate without notice. In the case of a contract for the provision of a service, the consumer may exercise his right of withdrawal within fourteen days of the date of conclusion of the contract.
A 45/2014. (II. 26.) Korm. 14 days, any additional period of withdrawal undertaken by the Seller in these GTC is a voluntary undertaking in addition to that provided by law.
If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the obligation to make an offer to conclude the contract.
Notice of termination, exercise of the consumer’s right of withdrawal
The consumer is entitled to the 45/2014. (II. 26.) Korm. Regulation 20. § by means of a clear declaration to this effect or by using the declaration template which can also be downloaded from the website. In the case of written withdrawal or termination, it is sufficient to send the notice of withdrawal or termination within 14 days.
Validity of the consumer’s notice of termination
The right of withdrawal is deemed to have been exercised within the time limit if the consumer sends his statement within the time limit. The deadline is 14 days.
A 45/2014. (II. 26.) Korm. 14 days, any additional period of withdrawal undertaken by the Seller in these GTC is a voluntary undertaking in addition to that provided by law.
The burden of proving that the consumer exercised his right of termination in accordance with this provision is on the consumer.
The Seller shall acknowledge the consumer’s notice of termination on an electronic medium upon receipt.
Obligations of the Seller in the event of termination by the consumer
Seller’s obligation to refund
If the consumer is a party to the 45/2014. (II. 26.) Korm. Regulation 22. §, the Seller shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, no later than fourteen days after becoming aware of the termination.
If the consumer terminates the contract after the start of performance, he is obliged to pay the Seller a fee proportionate to the service provided up to the date of notification of termination to the Seller. The amount to be paid by the consumer on a pro rata basis shall be determined on the basis of the total amount of the consideration agreed in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract.
How the Seller is obliged to refund
A 45/2014. (II. 26.) Korm. Regulation 22. §-In the event of termination in accordance with §, the Seller shall reimburse the consumer the amount refunded in the same way as the consumer used the payment method. The Seller may, with the express agreement of the consumer, use another method of payment for the refund, but the consumer shall not be charged any additional fee. The Seller shall not be liable for any delays caused by incorrect and/or inaccurate bank account numbers or postal addresses provided by the Consumer.
Consumer’s rights in the event of termination
When exercising his right of withdrawal, the consumer shall not bear all or part of the costs of performance of the contract for the provision of services if
The right of termination cannot be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of termination in accordance with the provisions of the Government Decree 45/2014 (II.26.) Regulation 29. §. (1)(a) in the case of a contract for the provision of a service, upon full performance of the service. However, where the contract imposes a payment obligation on the consumer, this exception can only be invoked if performance has begun with the consumer’s express prior consent and the consumer’s knowledge that he will lose his right of withdrawal once the business has performed the contract in full.
If you are entitled to exercise the right of termination but have already used the service, you must pay the Seller the price of the service already used. The consideration for the services provided shall be determined by the Seller on the basis of the total amount of the consideration plus tax, based on the market value of the services provided up to the date of termination of the contract.
In the case of accommodation services ordered via the Website, given that they are leisure services for a specific deadline, the right of termination cannot, as a general rule, be exercised in accordance with the provisions of Article 45/2014. (II.26.) Korm. Regulation 29. § (1) paragraph l).
Notwithstanding the above, the Service Provider may, for business policy reasons, allow the cancellation of the order service under the following conditions:
The Guest undertakes to inform the Supplier in writing of any cancellation, modification or any other change to the reservation prior to the start of the service, using one of the contact details provided.
Cancellation is possible as follows:
In case of cancellation up to14 days before the day of arrival, 50% of the fee paid will be refunded. In the event of cancellation after this date, the full amount of the booking fee will be charged and is non-refundable.
Refunds will be made within 10 days of cancellation to the account number provided by the Guest.
The cancellation policy may vary for bookings made for dates that are priority periods, in which case we will send you a confirmation e-mail.
Information on the warranty of fitness for purpose for consumer contracts
This section of the consumer information is in accordance with the provisions of Government Decree 45/2014 (II.26.) Regulation 11. § (5) paragraph of the Government Decree 45/2014 (II.26.) Regulation 3. in the light of Annex No.
The Consumer Information applies only to Customers who are consumers, the rules for nonconsumers are set out in a separate chapter.
Contractual performance requirements for the sale of digital content and digital services generally sold under a consumer contract (together referred to as “service”)
The service and the performance must comply with the provisions of Article 373/2021. (30.VI.) Korm. the requirements of the Regulation.
In order for performance to be deemed to be in conformity with the contract, the services covered by the contract must
In order for performance to be deemed to be in conformity with the contract, the services covered by the contract must
The service does not have to comply with the public statement if the Seller proves that
Contractual performance requirements for the sale of digital content sold under a consumer contract and the provision of digital services
The Seller provides the digital content or service to the consumer. Unless otherwise agreed by the parties, the Seller shall provide the digital content or service to the consumer without undue delay after the conclusion of the contract, in the latest version available at the time of conclusion of the contract.
The service is deemed to be completed if.
The Seller must ensure that the consumer is notified of and receives any updates to the digital content or digital service, including security updates, that are necessary to keep the digital content or digital service in conformity with the contract.
The Seller shall make the update available
If the contract provides for the supply of digital content or the provision of a digital service on a continuous basis for a specified period, the contractual performance of the digital content or digital service must be ensured throughout the duration of the contract.
If the consumer fails to install within a reasonable time the updates provided by the Seller, the Seller shall not be liable for the failure of the service if it is solely due to the failure to apply the relevant update, provided that
Defective performance cannot be established if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the digital content or digital service deviated from the requirements set out herein and the consumer specifically and expressly accepted this deviation at the time of the conclusion of the contract.
The Seller is in default if the digital content service or the digital service provision is defective due to the consumer’s improper integration into the digital environment, provided that
If the contract provides for a one-off service or a series of individual acts of service, the Seller is liable for the defect, including updates and security updates necessary to maintain conformity with the contract, that exists at the time of delivery of the digital content or provision of the digital service.
If the contract provides for the continuous supply of digital content or digital services for a specified period, the Seller is liable for any defect in the digital content or digital services if the defect occurs or becomes apparent during the period specified in the contract.
If the contract provides for a one-off service or a series of specific acts of service, it must be presumed, unless the contrary is proved, that the lack of conformity which the consumer has discovered within one year of the date of performance was already present at the time of performance. However, the Seller is not in breach of contract if the Seller proves that the consumer’s digital environment is not compatible with the technical requirements of the digital content or service and has informed the consumer of this in a clear and comprehensible manner before the conclusion of the contract.
If the contract provides for the continuous provision of digital content or digital services for a specified period, the burden of proof that the service affected by the defect detected during the contractual period was in conformity with the contract during the period of contractual performance of the service is on the Seller. However, the Seller is not in breach of contract if the Seller proves that the consumer’s digital environment is not compatible with the technical requirements of the digital content or service and has informed the consumer of this in a clear and comprehensible manner before the conclusion of the contract.
The consumer must cooperate with the Seller to enable the Seller to verify that the cause of the fault is the consumer’s digital environment, using the means technically available to the consumer and requiring the least intervention. If the consumer does not comply with this obligation to cooperate, after having been clearly and intelligibly informed of this obligation by the Seller prior to the conclusion of the contract, the burden of proof shall be on the consumer to prove that.
Accessories warranty
What rights do you have under a warranty claim?
You may – at your option – make the following warranty claims:
You may request a repair or replacement, unless one of these is impossible or would impose a disproportionate additional cost on the Seller compared to any other request you have made. If you have not requested or could not request the repair or replacement, you may request a proportionate reduction in the price or, as a last resort, withdraw from the contract.
You can switch from one warranty right to another, but you will bear the cost of the switch unless it was justified or the Seller gave a reason for it.
Special rules on rights of accessory warranty for digital content and digital services sold under a consumer contract
The consumer also has the right to request a proportionate reduction of the consideration or to terminate the contract for the supply of digital content or the provision of a digital service, depending on the seriousness of the breach, if.
In the case of the exercise of the right to repair or replacement, the Seller shall, without significant inconvenience to the consumer and taking into account the nature and purpose of the digital content or digital service, make the performance free of charge and in conformity with the contract within a reasonable time after the consumer has been informed of the defect.
When exercising the right to repair or replace, the Seller may choose the method of making the digital content or digital service conform to the contract, depending on the technical characteristics of the digital content or digital service.
The reduction of the consideration is proportionate if it is equal to the difference between the value of the service which the consumer would have been entitled to receive if the contract had been performed and the value of the service actually provided to the consumer.
If the contract provides for a continuous service over a specified period, the proportionate reduction of the consideration must relate to the period during which the service was not in conformity with the contract.
If the consumer wishes to terminate the contract on the grounds of defective performance, the burden of proving that the defect is insignificant lies with the Seller.
If the Seller provides or undertakes to provide digital content or a digital service and the consumer provides or undertakes to provide the Seller with only personal data, the consumer is entitled to terminate the contract even if the defect is insignificant, but may not claim a proportionate reduction of the consideration.
The consumer’s right of withdrawal from the contract may be exercised by means of a declaration addressed to the Seller, expressing the decision to withdraw.
If the Seller fails to perform, the consumer is obliged to request the Seller to perform. If, despite the consumer’s request, the Seller fails to supply or provide the digital content or service without delay or within a grace period agreed by the parties, the consumer may terminate the contract.
The consumer may terminate the contract without notice to the Seller if.
In the event of termination of the contract, the Seller is obliged to refund the full amount paid by the consumer as consideration.
However, if the performance was in conformity with the contract for a certain period before the termination of the contract, the consideration due for that period is not refundable. In the latter case, the part of the consideration that relates to the period of non-contractual performance and the consideration paid in advance by the consumer that would have been due for the remaining duration of the contract in the event of non-termination must be refunded.
If the consumer has the right to a proportionate reduction of the consideration or termination of the contract, the Seller must fulfil his obligation to refund without delay, but at the latest within fourteen days of becoming aware of the exercise of this right.
The business will refund the amount returned to the consumer in the same way as the consumer used to pay. The Seller may, with the express agreement of the consumer, use another method of payment for the refund, but the consumer shall not be charged any additional fee.
The Seller shall bear the costs of the refund.
In the event of termination of the contract, the Seller may prevent the consumer from continuing to use the digital content or digital service, in particular by making the digital content or digital service inaccessible to the consumer or by disabling the consumer’s user account.
In the event of termination of the contract, the consumer must refrain from using the digital content or service and from making it available to third parties.
If the digital content has been provided on a physical medium, the consumer must return the physical medium without delay at the expense of the Seller, upon the Seller’s request communicated within fourteen days of the date of knowledge of the termination.
The consumer must pay a fee for the use of the digital content or digital service for the period before the termination of the contract, proportionate to the service contractually provided.
What is the time limit for you to claim your warranty?
You must notify us of the defect as soon as you discover it, but no later than two months after the defect is discovered. Please note, however, that you cannot claim any rights to claim damages beyond the two-year limitation period from the date of performance of the contract.
The limitation period does not include the part of the repair period during which the Customer cannot use the service as intended.
For the part of the Service affected by the replacement or repair, the limitation period for the claim for the provision of the Service shall start to run again. This rule also applies in the event of a new defect arising as a result of the correction.
Who can you claim against?
You may assert a warranty claim against the Seller.
What other conditions are there for the enforcement of your rights under the warranty?
Within one year from the date of performance, you can claim for a replacement warranty on the basis of no more than the notification of the defect, provided that you prove that the service was provided by the Seller. However, after one year from the date of performance, you will have to prove that the defect you discovered existed at the time of performance.
Information on the warranty of conformity of services in the case of non-consumer Customers
A Buyer who is not a Consumer may, at his/her option, make the following warranty claims:
You may request a repair or replacement, unless one of these is impossible or would impose a disproportionate additional cost on the Seller compared to any other request you have made. If the repair or replacement was not requested or could not be requested, the Buyer may request a proportionate reduction of the consideration or the Buyer may have the defect repaired or replaced at the Seller’s expense or, in the last resort, may withdraw from the contract.
You can switch from one warranty right to another, but you will bear the cost of the switch unless it was justified or the Seller gave a reason for it. In the case of buyers who are not consumers, the period of validity of the right to claim under the warranty is 1 year, starting on the date of delivery.
COPYRIGHT © 2023 CABIN BALATON
COPYRIGHT © 2023 CABIN BALATON