General Terms and Conditions

Hilltop Wine Estate & Restaurant

Effective from 01/04/2023

Introduction: The operator of Hilltop Wine Estate & Restaurant hereby draws the attention of all visitors that, if they wish to become customers, they should carefully read the General Terms and Conditions currently in force (hereinafter: GTC) and the Privacy and Data Security Policy, and should order our services only if they agree with all provisions of the GTC, consider them binding upon themselves, and have understood and accepted the Privacy and Data Security Policy.

All employees of the accommodation make every effort to achieve these objectives; however, the cooperation of guests is also essential. Therefore, we consider it necessary to observe and comply with the rules set out below.

Definitions: The terms and expressions used in these GTC shall have the following meanings:

Service Provider: Nagy Gasztro Kft. Registered Office: 2897 Dunaszentmiklós, Petőfi Sándor utca 34. Service Address: Melegeshegy, 2544 Neszmély, Hungary Company Registration Number: 11-09-026500 Tax Number: 26563662-2-11 Website: www.hilltopborbirtok.hu Telephone: +36-70/774-6663 Email: etterem@hilltopborbirtok.hu Represented by: András Krisztián Nagy, Managing Director

Guest: The party entering into the Service Agreement with the Service Provider, who, in practice, is the natural person using the Services of the Service Provider and who does not fall within the definition of a Person Staying Together with the Guest.

Person(s) Staying Together with the Guest: The person(s) arriving together with the Guest and staying in the room together with the Guest, who use(s) the accommodation service and/or additional service(s) together with the Guest.

Parties: The Guest and/or the Cost Bearer, and the Service Provider.

Consideration, Price or Fee: The monetary fee payable to the Service Provider for the use of the Service, which the Guest or the Cost Bearer is obliged to pay.

Partial Consideration: A specified part of the Consideration.

Additional Service: Any other service provided by the Service Provider to its Guests for the meaningful enjoyment of their leisure time, which does not form part of the given type of Accommodation Service, provided that such service is offered or provided by the Service Provider to Guests at the time of the Service (e.g. jacuzzi use, wine tasting, etc.). The range and Consideration of the various Additional Services available to Guests during a given period shall be published by the Service Provider on the website or, at the request of the Guest(s), the Service Provider shall provide separate information to the Guest(s) before or during the provision of the Accommodation Service – depending on when the need for the Additional Service(s) arises – but in all cases before use. The range of Additional Services changes or may change during different periods of the year.

Cost Bearer: The natural or legal person, or business association without legal personality, who or which pays the Consideration due to the Service Provider for the use of the Service. The Cost Bearer may be the Guest, a Person Staying Together with the Guest, or a third party.

Bank Card: A cashless payment instrument that may be issued by a bank to its account holders. The term bank card includes both credit cards and debit cards. The list of bank cards accepted by the Service Provider can be found on its Website and at the reception of the Accommodation.

Accommodation: Hilltop Wine Estate & Restaurant, located at Melegeshegy, 2544 Neszmély, Hungary, operated by the Service Provider, Nagy Gasztro Kft.

Accommodation Service: The provision of accommodation at the Accommodation for the purpose of a non-permanent stay, including overnight stay and rest, together with other services directly related to the provision of accommodation, such as restaurant services and breakfast, which do not qualify as Additional Services.

Room: A double or quadruple room established at the Accommodation. The types of rooms available at any given time are published on the website.

Service: The collective term for the Accommodation Service and the Additional Service(s).

Website: The www.hilltopborbirtok.hu portal and all of its subpages, operated by Nagy Gasztro Kft.

Applicable Legislation The following is a non-exhaustive list of legal regulations governing the legal relationship between the Service Provider and the Guest, whether expressly mentioned in these GTC or not:

Act V of 2013 on the Civil Code of Hungary (hereinafter: the Civil Code),
Act CLXIV of 2005 on Trade,
Act LXXVI of 2009 on the General Rules for the Commencement and Pursuit of Service Activities,
Act CLV of 1997 on Consumer Protection,
Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices Against Consumers,
Act CXII of 2011 on Informational Self-Determination and Freedom of Information,
Act C of 1990 on Local Taxes,
Government Decree No. 239/2009 (X.20.) on the Detailed Conditions for Carrying Out Accommodation Service Activities and the Procedure for Issuing Accommodation Operation Permits,
Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data,
Act CLVI on the State Tasks Related to the Development of Tourist Regions,
and, beyond the above, all applicable laws in force concerning the economic activities carried out by the Service Provider and the legal relationship between the Parties.

Scope and Amendment of these GTC These GTC are published on 01 April 2023 and shall remain in force until amended.

These GTC apply to the Service Provider, the Guest and/or the Cost Bearer, as well as to the Person(s) Staying Together with the Guest.

The Guest and the Cost Bearer acknowledge that, pursuant to Section 6:191 (4) of the Hungarian Civil Code, the Service Provider is entitled to unilaterally amend the provisions of these GTC with prospective effect. In such a case, the Service Provider shall inform the affected parties of the fact and content of the amendment by publishing it on the website, provided that the amendment shall not affect Service Agreements concluded prior to the amendment and not yet terminated.

General Terms and Conditions

1. Formation of the Service Agreement The Service Agreement between the Service Provider and the Guest and/or the Cost Bearer may be concluded in various forms:

If the Service Agreement is concluded verbally, it shall come into existence when the offer of one Party (hereinafter: the Offer) is verbally accepted by the other Party, including acceptance by telephone. A verbal Offer must be accepted immediately; otherwise, the Service Agreement shall not come into existence. In all cases, the Service Provider shall send written confirmation (hereinafter: Confirmation) of the acceptance of the verbal Offer to the Guest.
If the Service Agreement is concluded in writing, for example by email, it shall come into existence if the Guest accepts in writing the Service Provider’s written Offer aimed at concluding the Service Agreement, or if the Guest accepts the Service Provider’s written Offer verbally and the Service Provider sends written confirmation of such acceptance to the Guest.
The holiday offers, other offers, promotions and discounts published on the Service Provider’s website and available at the reception of the Accommodation shall also be deemed Offers, even if they are not addressed personally to the Guest.

Upon conclusion of the Service Agreement, the Guest and/or the Cost Bearer expressly accepts the provisions of these GTC, which shall enter into force as part of the Service Agreement and remain in effect throughout the entire term of the Service Agreement.

The Service Provider shall specify in its Offer the additional services directly related to accommodation (e.g. breakfast, wine tasting, etc.). If Additional Services are available for ordering by the Guest, the Service Provider shall inform Guests of their conditions in its Offer. The Guest may also request a personalised Offer from the Service Provider, either verbally or in writing.

If the Guest wishes to accept the Service Provider’s Offer with different terms, such communication shall be deemed an invitation to make an offer, and the Service Provider shall be entitled either to submit a new Offer or to accept the invitation to make an offer.

In the event of an obvious and easily recognisable administrative error (for example, a significant discrepancy between the price stated in the Offer and the realistic market price that would be apparent to any reasonable person), the Offer shall be considered null and void, and the Guest shall be obliged to notify the Service Provider if such circumstances are identified. This provision shall apply to all stages of communication relating to the Offer between the Parties (submission of the Offer, Confirmation, etc.).

If the Service Provider sends a Confirmation with content differing from the Guest’s acceptance—including cases involving minor administrative errors—it shall be regarded as a new Offer, which the Guest may accept or reject. If the Guest accepts the Confirmation considered as a new Offer, the Service Provider shall confirm such acceptance to the Guest in writing.

In practice, the content of the Service Agreement may be determined based on the Offer sent by the Service Provider or made available on the website and at the reception of the Accommodation, together with the related order, Confirmation and these GTC. An exception applies where the Contracting Parties conclude a separate Service Agreement for specifically identified services. The minimum content requirements of the simplified Service Agreement are set out in these GTC.

If a dispute arises between the Contracting Parties concerning the existence and/or content of the Service Agreement, or concerning its termination by due performance or without performance, the Party relying on the existence and/or specific content of the Service Agreement, or on its termination, shall bear the burden of proving such facts, irrespective of whether the agreement was concluded verbally or in writing (including by email).

If the Parties conclude an individual Service Agreement in a separate document (hereinafter: Individual Service Agreement), they shall also consider the provisions of these GTC applicable to their legal relationship. However, in the event of any discrepancy or conflict, the provisions of the Individual Service Agreement, as the specific agreement between the Parties, shall prevail.

2. Minimum Content Requirements of the Service Agreement Unless otherwise agreed, the Service Agreement shall contain at least the following:

the date or duration of the Accommodation Service, i.e. the date of arrival (hereinafter: Arrival Date) and the date of departure (hereinafter: Departure Date),
the name of the Guest,
the Guest’s email address and/or residential address and/or telephone number,
the number of Persons Staying Together with the Guest,
the type of Accommodation Service requested – including the desired Room type and catering option – or, where multiple Accommodation Services are requested, the number and type of Accommodation Services requested, broken down by service category,
the amount of the Consideration and the payment method requested by the Guest,
an indication where the Consideration is non-refundable,
where the Guest and the Cost Bearer are not the same person, the name (company name), residential address or registered office of the Cost Bearer and, in the case of a company, the tax number of the Cost Bearer, in which case the Service Provider concludes the Service Agreement with the Cost Bearer,
the requested Additional Service(s), provided that the Guest became aware of such Additional Service(s) prior to the commencement of the Accommodation Service.

The Service Agreement is concluded for a fixed period (the period between the Arrival Date and the Departure Date, including both dates).

Upon conclusion of the Service Agreement, the Service Provider undertakes to provide the Accommodation Service specified in the Service Agreement and these GTC and, where applicable, the Additional Service(s) specified in the Service Agreement to the Guest and the Person(s) Staying Together with the Guest in accordance with the terms of the Service Agreement.

The Guest undertakes to use the Service together with the Person(s) Staying Together with the Guest, if any, and shall be responsible for the conduct of such person(s). The Guest shall pay the Consideration for the Services used by such persons to the Service Provider within the applicable deadline and shall compensate the Service Provider for any damage caused, even where the Cost Bearer is a different person but fails to perform payment obligations on time.

The Guest acknowledges that, with respect to any payment obligations of the Person(s) Staying Together with the Guest towards the Service Provider, the Guest assumes joint and several suretyship pursuant to Sections 6:416–6:430 of the Hungarian Civil Code and expressly waives the right to invoke the defence of prior recourse.

The Guest and the Cost Bearer expressly undertake joint and several surety liability towards the Service Provider pursuant to Section 6:427 of the Hungarian Civil Code for all payment obligations owed to the Service Provider.

The Guest (Cost Bearer) acknowledges that the provisions of this section of the GTC also satisfy the information obligation of the Service Provider, as creditor, towards the consumer under Section 6:430 of the Hungarian Civil Code.

The Service Provider and the Guest are entitled, by their mutual and unanimous written agreement, to amend the content of the Service Agreement.

3. Termination of the Service Agreement The Service Agreement shall terminate upon due performance. The Contracting Parties may also terminate the Service Agreement at any time by mutual written agreement. The Service Agreement may not be terminated by ordinary notice. Cases of extraordinary termination:

The Guest or the Cost Bearer shall be entitled to terminate the Service Agreement with immediate effect by extraordinary notice if:

the Service Provider provides the Service specified in the Service Agreement to the Guest (and the Person Staying Together with the Guest) in a manner that seriously breaches the provisions of the agreement and, despite the Guest’s request, fails to restore contractual performance within a reasonable period,
the Service Provider, any person acting in the interest or on behalf of the Service Provider, or another Guest engages in conduct towards the Guest (and/or the Person Staying Together with the Guest) that is manifestly contrary to peaceful stay, quiet rest or the requirements of human coexistence, or behaves in a scandalous or intolerable manner and fails to remedy such conduct despite the Guest’s request,
the Service Provider, any person acting in the interest or on behalf of the Service Provider, or another Guest suffers from an infectious disease that endangers the health of the Guest (and the Person Staying Together with the Guest). In the event of an infectious disease, the Accommodation shall proceed in accordance with Decree No. 18/1998 (VI. 3.) of the Ministry of Welfare.

The Service Provider shall be entitled to terminate the Service Agreement with immediate effect by extraordinary notice if:

the Guest or the Cost Bearer fails to provide, or refuses to provide, the information required for the proper performance of the services undertaken by the Service Provider within the agreed deadline, or otherwise seriously breaches their obligation to cooperate and provide information, thereby causing prejudice to the Service Provider,
the Guest (and/or the Person Staying Together with the Guest) damages and/or uses contrary to its intended purpose the Accommodation – including the Room – its furnishings, accessories, or any movable or immovable property owned or possessed by the Service Provider, and fails to cease such conduct despite being requested to do so,
the Guest (and/or the Person Staying Together with the Guest) fails to comply with the Service Provider’s safety regulations, house rules or the provisions of these GTC, behaves in an objectionable or abusive manner towards its employees, is under the influence of alcohol or drugs, displays threatening, offensive or otherwise unacceptable behaviour, or behaves towards other Guests or other persons staying at the Accommodation in a manner contrary to peaceful stay, quiet rest or the requirements of human coexistence, and fails to cease such conduct despite being requested to do so,
the Guest (and/or the Person Staying Together with the Guest) commits a criminal offence,
provided that if the objectionable conduct is of such severity that the continuation of the Service Agreement cannot reasonably be expected from the Service Provider, immediate termination may take place without prior notice or warning,
the Guest (and/or the Person Staying Together with the Guest) suffers from an infectious disease that endangers the health of other Guests, Persons Staying Together with the Guest, or persons acting in the interest or on behalf of the Service Provider. In such case, the Guest shall be obliged to leave the Accommodation with all personal belongings at their own expense within the period specified in the termination notice. In the event of an infectious disease, the Accommodation shall proceed in accordance with Decree No. 18/1998 (VI. 3.) of the Ministry of Welfare. (Pursuant to the Decree, where there is a suspicion of infection concerning the Guest, the Service Provider shall be entitled to call a physician to determine the existence of the infection, and the Guest is obliged to cooperate with such procedure.),
the Guest or the Cost Bearer refuses to provide the Payment Guarantee or the Security Deposit,
the Guest or the Cost Bearer fails to fulfil their obligation to pay the advance payment or to supplement the advance payment,
the Guest (and/or the Person Staying Together with the Guest) fails to comply with applicable laws, in particular, but not limited to, the obligations and rules of conduct relating to current governmental and Service Provider-imposed public health and epidemic regulations and measures, in which case the Service Provider shall be entitled to terminate the Service Agreement with immediate effect without any prior or further notice.

In any of the above cases of extraordinary termination, the Guest’s or the Cost Bearer’s obligation to pay the Consideration becomes due simultaneously with the extraordinary termination.

If the Service Agreement is terminated by extraordinary notice by the Guest or the Cost Bearer for any of the reasons specified above, they shall be obliged to pay the Consideration for the Services already used. The payment obligation becomes due at the time of extraordinary termination. In such case, the Guest or the Cost Bearer shall not be obliged to pay for Services not yet used. If the Guest or the Cost Bearer has already paid for Services not yet used (for example, by prepayment), such amount shall be refunded using the same payment method.

If the Service Agreement is terminated by extraordinary notice by the Service Provider for reasons attributable to the Guest or the Cost Bearer, the Service Provider shall be entitled to claim the full amount of the Consideration specified in the Service Agreement, although it may, at its sole discretion, waive all or part of such amount.

These provisions shall not affect any liability of the Service Provider or the Guest / Cost Bearer to pay damages in accordance with applicable laws.

The Service Agreement shall terminate upon the death of the Guest or the dissolution of the Guest without legal succession.

If the Guest falls ill during the period of using the accommodation service and is unable to act in their own interest, the Accommodation shall offer medical assistance. The Guest uses the offered medical assistance at their own responsibility and risk. The physician is not an employee, agent or contributor of the Service Provider; therefore, the Service Provider excludes all liability for the diagnosis, treatment applied and any consequences thereof.

In the event of the Guest’s illness or death, the Service Provider shall be entitled to reimbursement of its costs from the sick or deceased Guest’s relative, heir or payer, including any medical and procedural expenses, the Consideration for services used prior to death, and any damage caused to equipment and furnishings in connection with the illness or death.

If the Service Agreement between the Parties cannot be performed due to force majeure, the Service Agreement shall terminate.

Force majeure means any cause or circumstance (for example: war, fire, flood, adverse weather conditions, power outage or strike) beyond the control of either Party. In such cases, either Party shall be released from performing its obligations arising from the Service Agreement for as long as such cause or circumstance exists. The Service Provider and the Guest (Cost Bearer) agree that they shall do everything reasonably possible and cooperate with each other in order to minimise the possibility of such events and circumstances and to remedy any damage or delay caused by them as quickly as possible.

4. Unacceptable Conduct

In the interest of ensuring the peace and comfort of Guests, it is prohibited within the Accommodation premises after 10:00 p.m. – except in the case of events or programmes organised or authorised by the Accommodation – to make excessive noise, play music, engage in activities causing noise or disturbance, use sound effects, or watch television or listen to the radio at a disturbing volume in the room, etc.

Regardless of the time of day, any behaviour that disturbs the peace, safety, sense of security or privacy of others, constitutes or may constitute harassment, or is capable of intimidating others is prohibited within the Accommodation premises.

Employees of the Accommodation are entitled to warn any disruptive and/or noisy Guest (and/or the Person Staying Together with the Guest). The first warning shall not have any consequences; however, following a second warning, the Accommodation shall be entitled to unilaterally terminate the Service Agreement with immediate effect and immediately remove the Guest (and/or the Person Staying Together with the Guest) from the Accommodation without any obligation to provide a refund and/or compensation.

The Accommodation excludes all liability for any damage or harm caused to another Guest by the behaviour of the Guest (and/or the Person Staying Together with the Guest).

The following shall also be considered unacceptable conduct if the Guest brings onto the Accommodation premises items that are not ordinarily brought by guests, in particular, but not limited to, the following expressly prohibited items:

items with a value exceeding HUF 1,000,000,
materials and substances classified as corrosive or flammable substances under applicable laws,
materials classified as fire-hazardous and/or explosive under applicable laws,
food and beverages not purchased from the Accommodation’s catering facilities, including alcoholic beverages,
particularly expensive valuables and museum objects,
fireworks, firecrackers and their components or ingredients,
waste and substances harmful to the environment or human health,
psychotropic substances,
any item the possession of which violates applicable laws and/or constitutes a criminal offence.

The Accommodation may authorise, in writing and upon the Guest’s (and the Person Staying Together with the Guest’s) prior written request, the bringing of otherwise prohibited items onto the Accommodation premises.

If the Guest (and the Person Staying Together with the Guest) brings prohibited items onto the Accommodation premises without the Accommodation’s prior written consent, the Accommodation may remove or have such items removed at the Guest’s expense.

The Accommodation excludes all liability for damage caused to items brought onto the premises without permission.

The Guest (and the Person Staying Together with the Guest) shall bear full legal and financial responsibility for any damage or harm caused to other guests, third parties or the Accommodation by unauthorised items brought onto the premises.

The Guest is obliged to comply with the Accommodation’s smoking policy, which strictly prohibits smoking in the rooms. If smoking is detected, a special cleaning fee of HUF 100,000 shall be charged to the Guest.

5. Rights and Obligations of the Parties – Contractual Rights and Obligations of the Service Provider The Service Provider reserves the unilateral right to request a payment guarantee from the Guest or the Cost Bearer at the time of booking – in the form of a cash security deposit or payment of the Consideration for pre-ordered services (accommodation, catering and other services) – for unpaid basic and additional services (hereinafter collectively referred to as the Payment Guarantee).

At the time of booking, the Service Provider shall inform the Guest of the requirement for and amount of the Payment Guarantee, which the Guest shall accept in writing together with its terms and conditions. The daily amount of the Payment Guarantee may not exceed the daily room rate specified in the Service Agreement. However, the Service Provider reserves the unilateral right to request additional security of a deposit nature (hereinafter: Security Deposit) from the Guest or the Cost Bearer in excess of the amount of the Payment Guarantee.

The Service Provider reserves the right to terminate the Service Agreement with immediate effect if the Guest or the Cost Bearer refuses to provide the Payment Guarantee and/or the Security Deposit.

The purpose of the Advance Payment, the Payment Guarantee and the Security Deposit is to provide security for the Service Provider in the event that the party providing such security fails to fulfil its obligations under these GTC and/or the Individual Service Agreement. In such cases, the Service Provider shall be entitled to satisfy its claims arising under these GTC and/or the Individual Service Agreement from the Payment Guarantee and/or the Security Deposit. Accordingly, both the Payment Guarantee and the Security Deposit shall be deemed security deposits within the meaning of the Hungarian Civil Code.

If the Guest or the Cost Bearer fails to pay for additional services used or services ordered under the Service Agreement at the expense of the Guest or the Cost Bearer, the Service Provider shall be entitled to enforce such claim directly against the Guest or the Cost Bearer as guarantor.

The Service Provider’s security staff shall be entitled to remove from the premises any person who endangers the peace and safety of any activity carried out by the Service Provider, while respecting personality rights. In the event of such action by the Service Provider’s security staff, the Service Provider shall not bear any liability for damages either towards the Guest or the Cost Bearer, or towards the person concerned.

The Service Provider shall be obliged to:

provide the accommodation, catering and other services ordered under the Service Agreement through appropriately qualified personnel and in accordance with the applicable regulations and service standards,
investigate the written complaint of the Guest (and/or the Person Staying Together with the Guest), take the necessary steps to resolve the issue, and document the results of the investigation and the measures taken.

6. Rights and Obligations of the Parties – Contractual Rights and Obligations of the Guest Under the Service Agreement, the Guest (and the Person Staying Together with the Guest) shall be entitled to the proper use of those facilities of the Service Provider that fall within the usual scope of the services specified in the Service Agreement and are not subject to special conditions.

The Guest (Cost Bearer) shall pay the Consideration for the ordered services by the deadline and in the manner specified in the Service Agreement, taking into account the provisions set out in Section 2 of these GTC.

The Guest (and the Person Staying Together with the Guest) shall at all times comply with the rules relating to the use of the Accommodation’s services and with all applicable laws in force.

The Guest shall immediately report any damage suffered by them to the Accommodation and shall provide all information necessary to clarify the circumstances of the damage, for the preparation of a police report or police procedure, if required.

The Guest (and the Person Staying Together with the Guest) shall be fully liable for all damage caused by them or by any person under their responsibility to the Service Provider or to any third party. Such liability shall remain in force even if the injured party is entitled to claim compensation directly from the Service Provider.

The Guest (and the Person Staying Together with the Guest) may use the Accommodation’s facilities and services solely at their own responsibility and risk.

The Guest shall be responsible for supervising minors under the age of 18 who are under their care or responsibility. Parents or other accompanying adults shall bear full responsibility for the safety and conduct of minors.

The Guest (and the Person Staying Together with the Guest) shall not remove any furnishings, equipment or other items from the premises of the Accommodation without the prior written consent of the Service Provider.

Any modification, rearrangement or relocation of furniture, equipment or other items belonging to the Accommodation may only be carried out with the prior express permission of the Service Provider or its designated employee.

The Guest shall use the equipment, furnishings and facilities of the Accommodation properly and exclusively for their intended purpose.

The Guest shall promptly notify the Service Provider of any malfunction of equipment, furnishings or facilities and shall not be entitled to remedy the defect themselves or attempt to do so.

The Guest acknowledges that the Accommodation may operate a closed-circuit camera surveillance system in the common areas of the premises for the protection of persons and property, in accordance with applicable legislation.

The Guest acknowledges that, in order to ensure the safe and uninterrupted provision of services, the Service Provider may impose reasonable rules and restrictions concerning the use of the Accommodation’s facilities and services, which the Guest and the Person Staying Together with the Guest shall observe.

The Guest shall immediately compensate the Service Provider for any damage caused by them or by the Person Staying Together with the Guest, in accordance with applicable law and these GTC.

7. Accommodation Guarantee If, due to its own fault (e.g. overbooking, temporary operational issues, etc.), the Service Provider is unable to provide the Services specified in the Service Agreement, it shall immediately arrange alternative accommodation for the Guest.

The Service Provider shall be obliged to:

provide or offer the Services specified in the Service Agreement at the confirmed price and for the agreed period – or until the obstacle ceases to exist – at another accommodation of the same or a higher category. All additional costs associated with providing the substitute accommodation shall be borne by the Service Provider;
provide the Guest with the opportunity to make telephone calls free of charge in order to notify others of the change of accommodation;
reimburse the Guest for any difference between the room rate of the substitute accommodation and that of the originally booked accommodation;
provided that the Service Provider fully complies with these obligations and the Guest accepts the substitute accommodation offered, neither the Guest nor the Cost Bearer may subsequently assert any claim for damages.

8. Cancellation Conditions At the time of confirming the services ordered by the Guest, the Service Provider shall, in all cases, individually inform the Guest of the cancellation conditions applicable to the ordered services. Unless otherwise specified in the Service Provider’s confirmation or agreed by the Contracting Parties in an Individual Service Agreement, the Service may be cancelled free of charge until the 14th day preceding the Arrival Date.

In such case, the Consideration paid shall be refunded in full to the Guest (Cost Bearer) by the Service Provider using the same method by which the amount was received. In the event of cancellation after this deadline, the Guest or the Cost Bearer shall be obliged to pay cancellation damages equal to the fee of the ordered Service.

If the Guest ordered the Service at a non-refundable rate, the Guest shall not be entitled to a refund of the Consideration paid even if the Service is cancelled. In the case of a non-refundable rate, the conditions of using the Service (including the arrival and departure dates) may not be modified.

The Service Provider accepts cancellations, terminations and withdrawals exclusively in the form of a definite written declaration.

9. Liability and Compensation Provisions

The Service Provider’s Liability for Damages: The Accommodation shall be liable exclusively for damage to items that are not excluded from the category of items that may be brought onto the Accommodation premises and that have been handed over by the Guest (and/or the Person Staying Together with the Guest) to the employee designated by the Service Provider for safekeeping in the place designated by the Accommodation, namely, exclusively for storage in the locked safe located in the room.

Where the Service Provider’s liability exists, the amount of compensation in respect of the above items shall be limited to fifty times the amount of the daily room rate. The Service Provider’s liability shall otherwise be governed by the general rules of liability for damages, subject to the deviations set out in these GTC.

The Service Provider shall be liable for securities, cash and other valuables exceeding a value of HUF 1,000,000 only if it has expressly accepted such items from the Guest for safekeeping. In respect of items deposited in this manner, the Service Provider’s liability shall be unlimited.

If the Guest (or the Person Staying Together with the Guest) does not hand over the items specified in this paragraph to the Service Provider for safekeeping, the Guest (or the Person Staying Together with the Guest) shall bear responsibility for the disappearance, damage or destruction of such items, and the Service Provider shall not be held liable in any way.

The Service Provider may refuse, without providing reasons, to accept securities, cash and other valuables exceeding a value of HUF 1,000,000 for safekeeping. Upon the Guest’s request, the Service Provider shall endeavour to identify available safe-storage options, which the Guest may use at their own expense.

The Service Provider shall be liable for any damage suffered by the Guest (and/or the Person Staying Together with the Guest) that occurs at the place where the Service is provided and arises from the fault of the Service Provider or persons acting in its interest or on its behalf.

The Service Provider’s liability shall not extend to damage caused by unavoidable circumstances beyond the control of its employees or to damage caused by the Guest (and/or the Person Staying Together with the Guest), their visitors or employees.

The Service Provider may designate areas within the premises where the Guest (and/or the Person Staying Together with the Guest), their visitors and employees are not permitted to enter. The Service Provider shall not be liable for any damage or injury occurring in such areas; such damage or injury shall be deemed to have been caused by the Guest (and/or the Person Staying Together with the Guest).

The Guest (and/or the Person Staying Together with the Guest), their visitors and employees shall immediately report any damage suffered by them to the Service Provider and provide all information necessary to clarify the circumstances of the incident and, where appropriate, for the preparation of a police report or police procedure.

The Guest’s Liability for Damages

Unless otherwise provided in these GTC, the Guest shall be liable for (i) fulfilling all payment obligations arising under the Service Agreement (for example, payment of the Consideration, the use of Additional Services or any hotel services), and (ii) compensating the Service Provider for any damage caused by the Guest (hereinafter collectively referred to as the Payment Obligations).

The Guest shall also be liable for the Payment Obligations of (i) the Person(s) Staying Together with the Guest and (ii) persons not falling within that category but visiting the Guest or the Person(s) Staying Together with the Guest (hereinafter collectively referred to as the Affected Persons).

The Guest expressly undertakes suretyship on a joint and several basis pursuant to Sections 6:416–6:430 of the Hungarian Civil Code for the Payment Obligations of the Affected Persons towards the Service Provider and expressly waives the right to invoke the defence of prior recourse.

Where the Consideration is borne by the Cost Bearer, the Guest and the Cost Bearer shall assume joint and several surety liability towards the Service Provider pursuant to Section 6:427 of the Hungarian Civil Code for the Payment Obligations of the Affected Persons (in the case of corporate events, Affected Persons shall also include persons invited to the Accommodation by the Cost Bearer, such as speakers). The Guest and the Cost Bearer expressly acknowledge that, in view of such suretyship, neither of them may invoke the defence of prior recourse.

The Guest (and the Cost Bearer) acknowledge that the provisions of this section of the GTC also fulfil the Service Provider’s information obligation towards consumers under Section 6:430 of the Hungarian Civil Code.

If, after the final departure of the Guest or the Affected Persons, it is established beyond doubt that the Guest or the Affected Persons have caused financial damage to the Service Provider, another Guest, another Affected Person or a third party, the Service Provider shall be entitled to enforce its claim for damages against the Guest, including by using the Payment Guarantee and/or the Security Deposit. In such cases, the Service Provider shall preserve the conclusive evidence in its original form for a period of three years and, where necessary, make it available to the competent authorities.

In the cases specified in this section, the Service Provider shall be entitled to initiate appropriate civil, administrative offence or criminal proceedings (or, depending on the circumstances, all of them simultaneously) against the Guest and/or the Cost Bearer, if any.

The Service Provider shall be entitled to determine the amount of financial damage caused by the Guest (and/or the Person Staying Together with the Guest), their visitors or employees. If the Guest (and/or the Person Staying Together with the Guest), their visitors or employees dispute the amount of the damage determined, they may seek redress from the superior of the employee who established the amount of the damage. If the Guest (and/or the Person Staying Together with the Guest), their visitors or employees still do not accept the established amount of the damage, they may pursue the legal remedies available under the applicable laws.

If either Contracting Party transmits data to the other Party on a digital data carrier or via the internet, it shall ensure the security, integrity and virus-free status of such data by appropriate antivirus protection measures. If either Party fails to fulfil this obligation and damage is thereby caused to the other Party’s computer systems or equipment, the Party in breach shall bear full liability for such damage.

10. Occupancy of Rooms and Departure

Check-in: Guests shall receive a room key, for which the registration of the guest(s) occupying the room is required. Registration means the accurate completion of the registration form and verification of the Guest’s identity. Presentation of an identification document constitutes an essential contractual condition for the Accommodation.

In the case of stateless persons and non-European Union citizens, the presentation and handover of a stateless person’s identity document or passport is mandatory under applicable law. Rooms may be occupied from 3:00 p.m. on the day of arrival.

In the event of earlier room occupancy, the Accommodation shall be entitled to charge the surcharge specified in the Service Agreement or in the confirmation.

The Service Provider reserves the right to change the accommodation arrangements in the event of unforeseen technical obstacles arising from causes beyond the control of the Accommodation.

The unlimited use of the swimming pool included in the room rate is valid during its official opening hours from 3:00 p.m. on the day of arrival until 11:00 a.m. on the day of departure.

VIZA Data Provision

Pursuant to Act CLVI of 2016 on the State Tasks Related to the Development of Tourist Regions, every guest using accommodation services in Hungary must have their personal data, as specified by law, recorded by the accommodation provider through a document reader in the accommodation management software and subsequently transmitted to the Guest Information Closed Database (VIZA).

For the purpose of recording the data, the guest using the accommodation service shall present their identity card, driving licence or travel document suitable for identification to the accommodation provider. In the absence of such document, the accommodation provider shall refuse to provide accommodation services. On the basis of legal authorisation, the accommodation provider is entitled to request the guest’s identification document, and the guest is obliged to present it.

Check-out: On the day of departure, the Guest (and the Person Staying Together with the Guest) shall vacate the room, together with their luggage and belongings brought onto the premises, no later than 11:00 a.m. and return the key received at check-in to the reception.

In the event of late check-out, the Accommodation shall be entitled to charge the surcharge specified in the Service Agreement or in the confirmation.

The Service Provider shall be entitled to resell any room vacated before the Departure Date.

The Guest or the Cost Bearer shall settle the Consideration for their stay no later than before their final departure from the Accommodation, in the manner specified in the Service Agreement.

In the event of refusal of payment for any reason, the Hotel shall be entitled to retain the items brought into the Hotel by the Guest (and the Person Staying Together with the Guest) and enforce its lien over such items.

In the event of departure without payment, the Accommodation shall enforce its claim against the Guest or the Cost Bearer through legal proceedings in addition to filing a police report, and all costs associated therewith shall be borne by the Guest.

Visitors

Only Guests registered at the reception (and Persons Staying Together with the Guest) may stay in the rooms of the Accommodation. The Guest (and the Person Staying Together with the Guest) shall bear joint and several liability for the conduct of their visitors, including any damage caused by them. The Accommodation excludes liability for any damage caused by visitors to the Guest (and/or the Person Staying Together with the Guest) and/or to third parties. The Accommodation shall charge an additional fee for any person exceeding the number of guests specified in the room reservation.

Guests Under the Age of 18

Persons under the age of 18 are prohibited from consuming alcohol on the premises of the Accommodation and at events held by the Accommodation. The parent or a legally competent adult designated by the parent shall be responsible for ensuring compliance with this obligation. The parent or the designated legally competent adult shall bear full legal, moral and financial responsibility for the consequences of any breach of this obligation.

Extension of Stay

An extension of stay means extending the Service Agreement by at least one additional night. Any extension of the use of the Service initiated by the Guest shall always require the prior consent of the Service Provider. In the event of an extension, the Service Provider may require payment for Services already provided. The Service Provider shall not be under any obligation to fulfil an extension request.

The Service Provider shall make any extension subject to the occupancy level of the Accommodation. The rates applicable to the Room and the Service(s) to be extended shall be the standard, non-discounted rates in force on the original Departure Date. The Service Provider may, at its discretion and as a gesture of goodwill, depart from this rule in favour of the Guest.

The Guest shall notify the reception of the Accommodation of their request for an extension no later than 11:00 a.m. on the Departure Date.

Swimming Pool Use

The swimming pool is open from 1 June to 1 September.
Outside the above period, guests are requested to refrain from bathing. Any use of the water despite this request shall be entirely at the user’s own risk and responsibility. Night-time bathing is strictly prohibited.
Children under the age of six, as well as children under the age of twelve who cannot swim, may use the swimming pool only under the direct supervision of an adult.
It is prohibited to bring animals into the pool area or allow them to bathe in the pool.
Swimming, sunbathing and sports activities customarily practised at bathing facilities are permitted within the pool area. Any activity that disturbs these activities or damages the environment is prohibited.

The pool area may not be used by persons who:

suffer from fever, gastrointestinal or skin diseases,
suffer from illnesses involving convulsive conditions or loss of consciousness,
are under the influence of alcohol or drugs.

Smoking is prohibited in the pool area except in designated smoking areas. The Service Provider accepts no responsibility for the safekeeping of personal belongings.

11. Failure to Use the Service

In the case of a Guest who fails to arrive without prior notice, if the Guest secured the use of the Service in the manner specified in the Service Agreement, the full amount of the Consideration for the ordered Service as set out in the Offer accepted and confirmed by the Guest shall be charged.

If the Guest (Cost Bearer) ordered the Service at a non-refundable rate and paid the Consideration accordingly, the Guest (Cost Bearer) shall not be entitled to any refund of the Consideration in the event of non-arrival or failure to use the Service.

In the case of Offers subject to special conditions, the Service Provider may establish terms different from the above in an Individual Service Agreement.

12. Consideration Payable to the Service Provider and Terms of Payment

The Guest or the Cost Bearer shall settle the Consideration for the Service by bank transfer in advance, in cash on site, by bank card, SZÉP Card, or any combination of these payment methods. The types of bank cards accepted by the Service Provider are published on the Website and at the reception of the Accommodation.

The Guest shall also be entitled to pay the Consideration, or a part thereof, in euros. In such cases, the exchange rate applicable at the time of payment shall be the foreign exchange mid-rate of the Service Provider’s account-holding bank, as displayed at the reception of the Accommodation, for the conversion of the Consideration expressed in Hungarian forints into euros.

The Service Provider does not differentiate the Consideration arising from the Service Agreement (including the Consideration for accommodation services and Additional Services) based on age.

The Consideration consists of three parts:

Consideration for accommodation services;
Consideration for Additional Services;
Taxes (VAT and tourist tax).

In accordance with Hungarian legislation, the currency of the invoice issued by the Service Provider for the services performed, itemising the services and consumption provided under the Service Agreement, as well as any additional consumption incurred by the Guest (and/or the Person Staying Together with the Guest), shall be HUF.

The Service Provider shall record both the Services specified in the Service Agreement and any additional consumption in its computer system and shall issue a written document serving as proof of performance. The person(s) specified in the Service Agreement shall acknowledge such consumption by signing the document prepared in respect thereof.

If the currency specified in the confirmation issued by the Service Provider is not HUF, the invoice issued by the Service Provider shall indicate the Consideration payable both in the currency specified in the confirmation and in HUF, together with the applicable exchange rate. The conversion shall be made using the foreign exchange mid-rate of the Service Provider’s account-holding bank valid on the last day of the period specified in the Service Agreement.

Settlement of the invoice issued by the Service Provider shall take place in the currency specified in the confirmation. If payment is made in a currency other than that specified in the confirmation, conversion shall be carried out using the foreign exchange rate of the Service Provider’s account-holding bank applicable on the date the amount is credited to the Service Provider’s bank account. All bank charges associated with transferring the final invoice amount shall be borne by the Guest (Cost Bearer). Following the issuance of the invoice, the Service Provider is unable to amend the invoicing name and address.

To guarantee the use of the Service, the Service Provider requires:
100% advance payment, which may be made by bank transfer in advance or by online bank card payment.

If the confirmation issued by the Service Provider in respect of the Guest’s order or the Individual Service Agreement contains provisions differing from the above, the provisions of the confirmation or the Individual Service Agreement shall prevail.

The Service Provider shall specify in the Offer the Consideration payable for the Service and the tax content prescribed by law and applicable at the time the Offer is made.

The Contracting Parties shall be bound by the Consideration specified in the Offer accepted and confirmed by the Guest and may not unilaterally modify the Consideration for the Service.

The Service Provider hereby specifically identifies the following Additional Services by way of example, as these differ from standard contractual practice and may be used only for separate consideration.

Mandatory Cleaning Service in the Event of Improper Use of the Room:
If the Guest(s) or the Person(s) Staying Together with the Guest smoke in a non-smoking room or carry out activities in the room that are incompatible with the accommodation service or Additional Services and substantially exceed the normal extent of room cleaning, the Service Provider shall be entitled to charge a separate fee.

Extended Use
If the Guest (and/or the Person(s) Staying Together with the Guest) fails to vacate the Room within the prescribed time limit, the Service Provider shall be entitled to charge a fee for the continued use of the Room (hereinafter: Extended Use Fee). Where payable, the Extended Use Fee shall form part of the Consideration and shall be paid by the Guest (Cost Bearer) to the Service Provider.

The prices of Additional Services are available at the locations where the respective Services are provided.

The prices of the Service Provider’s catering services that are not included in the Service Agreement are published on the menus and beverage lists available in the individual catering units. The service charge applied and indicated on the invoice shall not exceed 15% of the value of à la carte food and beverage consumption.

Room Rate Includes:

Accommodation with the basic package.

The Basic Package Includes:

Room only;
Other services: free parking, complimentary Wi-Fi internet access throughout the Accommodation, and complimentary use of the seasonal swimming pool.

The Service Provider shall issue invoice(s) for the Consideration due to it in accordance with the requirements of the applicable legislation.

The Guest and the Cost Bearer acknowledge that they shall be jointly and severally liable towards the Service Provider as sureties pursuant to Section 6:427 of the Hungarian Civil Code in respect of all payment obligations owed to the Service Provider.

13. Complaint Handling

The Guest or the Person(s) Staying Together with the Guest (hereinafter: Complainant) may communicate any complaint arising during the provision of the accommodation service concerning the conduct, activity or omission of the Service Provider or any person acting in the interest or on behalf of the Service Provider, the quality or non-performance of a given Service, the quality of the Room, its furnishings, or the quality of the Accommodation (hereinafter: Complaint) verbally or in writing at the reception of the Accommodation no later than the Departure Date.

The Service Provider shall investigate the Complaint and respond to it within 30 days.

The Service Provider shall provide reasons for any rejection of the Complaint. The Service Provider shall retain the record of the Complaint and a copy of its response for five years and shall present them to the supervisory authorities upon request. In the event of rejection of the Complaint, the Complainant may initiate proceedings before the competent authority or a conciliation body.

A consumer complainant (hereinafter: Consumer) may submit a Complaint to the consumer protection authority. Pursuant to Government Decree No. 387/2016 (XII. 2.) on the designation of the consumer protection authority, administrative proceedings at first instance are conducted by the district office or the district office of the county seat, while second-instance proceedings with nationwide competence are conducted by the Government Office of Komárom-Esztergom County. The contact details of district offices are available at: http://jarasinfo.gov.hu/

In the event of a Consumer Complaint, the Consumer may also apply to a conciliation body. The competence of the conciliation body extends to the out-of-court settlement of consumer disputes. The task of the conciliation body is to attempt to reach a settlement between the Parties and, if this proves unsuccessful, to make a decision in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights. Upon the request of either the Consumer or the Service Provider, the conciliation body shall provide advice concerning the rights and obligations of the Consumer.

In the case of cross-border consumer disputes relating to online sales contracts or online Service Agreements, only the conciliation body operating alongside the Budapest Chamber of Commerce and Industry shall have jurisdiction. If the Guest or Consumer does not apply to a conciliation body, or if the procedure does not lead to a resolution, the Guest may bring the dispute before a court. Court proceedings shall be initiated by filing a statement of claim.

14. Data Processing

The Service Provider’s Privacy Notice is available on the website www.hilltopborbirtok.hu and at the reception. Information regarding data processing is also provided on the individual forms to be completed.

15. Confidentiality

The Service Provider declares that it shall treat all information and data obtained in connection with the Guest and/or the Person(s) Staying Together with the Guest as confidential information and undertakes to maintain confidentiality in accordance with the applicable laws in force at all times.

16. Suretyship

The Guest and the Cost Bearer acknowledge that where these GTC provide for suretyship, such provisions shall in all cases constitute joint and several suretyship pursuant to Sections 6:416–6:430 of the Hungarian Civil Code, under which the surety shall not be entitled to invoke the defence of prior recourse.

17. Miscellaneous Provisions

The Parties shall primarily communicate and make legal declarations relating to the Service Agreement by email. Upon the request of either Party, substantive legal declarations concerning the Service Agreement shall be confirmed in a private document having full probative force.

Where these GTC confer a right or impose an obligation on the Service Provider, the person entitled to exercise such right or perform such obligation shall primarily be an employee of the Service Provider holding at least a middle-management position, including, by way of example, the Sales Manager, and only secondarily the managing director of the Service Provider.

An employee holding such a position shall be obliged to thoroughly investigate the circumstances of the matter concerned and to exercise the relevant rights or perform the obligations accordingly. If the Guest or the Person Staying Together with the Guest disagrees with the employee’s decision, they may submit a complaint to that employee’s superior.

If the Service Agreement is concluded jointly on the beneficiary side by several persons using the Service as Guests, such Guests shall be jointly and severally liable in respect of the resulting Service Agreement.

If any provision of the Service Agreement and/or these GTC, which form an integral part thereof, is wholly or partially invalid, this shall not affect the validity of the remaining provisions. By way of interpretation or supplementation, a provision shall be adopted that achieves, within the limits permitted by law, the economic purpose intended by the invalid provision.

Matters not regulated herein shall be governed by the Hungarian laws and official regulations in force from time to time concerning the activities of the Service Provider and by the provisions of the Hungarian Civil Code, even without a separate stipulation.

The Parties shall attempt to resolve any disputes arising from the Service Agreement through negotiations. If such negotiations fail, any dispute shall be submitted, irrespective of the value of the claim, to the jurisdiction of the court determined in accordance with Act CXXX of 2016 on the Code of Civil Procedure.

Neszmély, 1 April 2023.
Nagy Gasztro Kft.