Additional Terms and Conditions for Accommodations in Hungary
As regards accommodations in Hungary (hereinafter referred to as Accommodations), the provisions of the GTC shall apply together with the additional terms and conditions set out in this Annex, regardless of the nationality or residence of the Partner.
The additional terms and conditions set out in this Annex shall supplement and amend, the clauses of the GTC which relate to the original provisions. Any section of the GTC not affected by this Annex shall apply to the Partner with unchanged content.
3. Capitalised terms not defined in this Annex shall have the same meanings as given to them in the GTC. As regards Accommodations, Commission shall mean the commission set out in the Appendix to this Annex.
Section VII of the GTC is to be amended as follows:
For accommodations registered on or after 15 October 2015, only a real-time booking system may be used.
Section IX of the GTC is to be amended as follows:
The payment terms for the Commission Account shall be determined by the Partner's relevant Partner Management Category, as follows:
VIP: First class stable company, payment term: 30 calendar days, day of service suspension: 30 calendar days after due date.
Featured: stable company, payment term: 14 calendar days, day of service suspension: 15 calendar days after due date.
Normal: company of average risk, payment term: 14 calendar days, day of service suspension: 8 calendar days after due date.
Risky: above average risk company, payment term: 8 calendar days, day of service suspension: 4 calendar days after due date.
High risk: company far above average risk, payment term: 8 calendar days, day of service suspension: 2 calendar days after due date.
Excluded: a high-risk company, the Service Provider’s former partner whose (over)due debts have reached the stage of debt collection several times, or the debts have never been recovered by way of legal proceedings; this sort of Partner may be categorized again in case of advance payment.
As regards Partners having effective contracts at the date of entry into force of the GTC, categorization in the Partner Management Category shall not change the payment terms under the previous GTC. Subsequent to the entry into force of the GTC, the Service Provider shall review the Partner Management Categories on October 31st each year, or if this is a national or bank holiday, on the following first work day, and may determine the new Partner Management Category based on the compliance with the payment deadlines for invoices issued within 365 days prior to the review. Following the review, persistently strict adherence to the payment deadline may result in an upgrading of the partner management category, while persistently late payment may result in a downgrading of the partner management category, where persistent late payment is defined as an average delay of more than 5 calendar days. Public disclosure (NAV pages, registry court announcements) of negative events or the involvement of a debt collector company owing to payment failures may result in the immediate downgrading of the Partner’s category.
The Service Provider has the right to unilaterally determine and change the Partner Management Category and the conditions for classification in the categories. The Partner Management Category is not public.
The Partner may pay the Service Provider the Commission for the Reservation of the Accommodation in cash.
The following chapters shall be added to Section XX of the GTC:
The Online Payment Service shall be introduced in phases. The Service Provider shall notify the Partner via the Administration Interface of the IT upgrades that enable them to access the Online Payment Service. Having been registered prior to January 1, 2022, Partners running Accommodations in Hungary may request the use of the Online Payment Service on the Administration Interface at their own discretion. As regards Partners registered on January 1, 2022 or subsequently, said Online Payment Service is obligatory. The content of Articles 9 to 20 of this Additional Terms and Conditions shall apply to Partners’ contracts on the day they start using the Online Payment Service, or whenever the use of said application becomes binding to them. Article 21 will apply in any other case.
If this Online Payment Service applies to a Partner, by accepting this GTC, the Partner assigns the Service Provider as a cooperating party (technical completion assistant) according to §6:129 of the Hungarian Civil Code to receive from the Guests deposits or other amounts exceeding deposit to be paid to the Partner based on the agreement made between the Partner and the Guest as a result of a Reservation. The Service Provider does not carry out financial transactions on behalf of the User or Guest, it only takes part as the Partner’s cooperating party to receive amounts from the Guests (Article (1) of §6:129 of the Hungarian Civil Code). Amounts received shall be settled by the Service Provider with the Partner as follows:
In the framework of Online Service Payment, the Service Provider takes action on the basis of the Partner’s authorization to have all amounts paid by the Guests (by bank transfer, credit/debit card or SZÉP card) credited from the Guest’s account to the Service Provider’s deposit account as the combined account held for this purpose. Given the foregoing, the Guests shall apply methods of payment that enable them to pay by bank transfer to bank accounts held in Hungarian Forints in Hungary, because the online system handles only the currency of Hungarian Forint. If the Partners designate amounts to be paid to them in currencies other than Hungarian Forint, the Service Provider shall, at the moment of Reservation, exchange the amount according to the exchange rates validated by the Hungarian National Bank (MNB) on the day prior to the day of transaction, and so such amount is to be deducted from the Guests in Hungarian Forint. As regards the foregoing, Partners are NOT entitled to deduct any amount, cost or service charge from the Service Provider or the Guests by referring to exchange rate differences or any other legal title.
In the framework of the Online Payment Service, the Service Provider shall ensure that all amounts to be paid by the Guests to the Partners are paid
Bank transfers by the Service Provider to the Partners from the combined account are performed once a week. At the time of bank transfers, the Service Provider delivers an accurate statement to the Partners via the Administration Interface regarding what items the bank transfers include, i.e., which Reservation they relate to as well as their legal title. Amounts paid by the Guests will be transferred by the Service Provider to the Partner as follows:
The Partner shall designate which Reservations shall be paid by the Online Payment Service. If the Offer includes online payment terms, the Guests will be enabled to pay to the Partner only in accordance with such terms. The minimum amount to be paid by the Guest is the amount of deposit defined in the Offer. The Guest is entitled to pay more than this amount however. The Service Provider shall return to the Guest's (sender's) account the part of the amount paid by the Guest that exceeds the amounts due to the Partner under the contract between the Guest and the Partner based on the Reservation. If the Guest fails to pay the deposit until the time limit set out in the Offer, such failure means the waiver of agreement made between the Partner and the Guest, and so the Guest’s Reservation will automatically be cancelled, except the following case: if the amount paid by the Guest is max. 100 HUF lower than the amount of the deposit included in the Offer, the Reservation is not cancelled, and the difference shall be paid by the Guest by any payment method as set out in the GTC (e.g.: Online Payment Service, or directly to the Partner upon arrival at the Accommodation).
If the Guest modifies the Reservation and the Service Provider has knowledge of such modification, the Administration Interface automatically tracks down the following modifications: changes of the full gross amount of the Reservation, and/or the due date of the deposit, and/or the amount to be paid to the Partner in the case of lawful cancellation. However, the Administration Interface does not allow any change that would bring the departure date within three days if the deposit has not yet been paid. If the full gross amount of the Reservation would be lower than the amount of the already paid deposit as a result of any modification, the system will reduce the deposit to the new full gross amount of the Reservation; the excess amount will be repaid to the Guest from the party holding this amount.
For the use of the Online Payment Service, a service charge is to be paid to Service Provider. As regards the Online Payment Service, the Commission defined in this Annex is 1% higher, which includes the total consideration to be paid for the Basic Service.
The Service Provider is liable to transfer the amount paid by the Guest from the combined account to the Partner. The Partner is liable to handle this amount as a payment by the Guest. The Partner shall deliver proforma and final invoices regarding the paid amounts to the Guests. The Partner is NOT responsible to deliver invoices to the Service Provider. The Service Charge of the Online Payment Service shall be paid to the Service Provider if the Service Provider has transferred to the Partner any amount paid by the Guest in connection with the Reservation.
In the framework of the Online Payment Service, the Partner may send an invoice to the Guest for the unpaid part of the remaining full gross amount of the Reservation in addition to the amounts paid by the Guest to the Partner online, as well as the amount of services required on-site in addition to the content of the Offer. The Service Charge of the Online Payment Service is NOT to be transferred by the Partner to the Guests.
At the Partner's request, in the cases specified in the GTC and in the case of payment by SZÉP card, the Service Provider shall participate in the refund or compensation case between the Partner and the Guest. If in the case of any payment by SZÉP card the Partner shall reimburse amounts to the Guests, such event shall be reported to the Service Provider and the amount shall be transferred to the Service Provider’s bank account. The Service Provider is liable to reimburse the amount to the Guest, more specifically to the SZÉP card (sub)account from which the original payment for the Reservation was made to the Service Provider’s bank account held for this purpose.
If the Partner has NO access to the Online Payment Surface, yet the Partner requires deposit as included in the Offer, the Partner shall indicate an international bank account number (IBAN, SWIFT) on the Administration Interface for the purpose of bank transfer whose setting is enabled by such Interface. If such data is not available on the Administration Interface, the Service Provider is entitled to refuse the option.
The Service Provider offers to the Partners a cooperation with preferential rights (hereinafter referred to as "Gold Partnership"). The Gold Partnership automatically covers all Partners with no necessity to pass acceptance (hereinafter referred to as Gold Partner) that entirely meet the requirements set out in the Additional Terms and Conditions (hereinafter referred to as ATC). Whenever the revised version of the ATC is disclosed, those Gold Partners that meet the requirements of Gold Partnership according to the revised version of the ATC remain part of the cooperation.
The Gold Partnership exclusively provides benefits and discounts for Gold Partners; however, the Service Provider ensures the option of withdrawing from the partnership as set out in the ATC, if the concerned Gold Partner decides NOT to take part in the partnership.
The Service Provider shall define the terms and conditions of Gold Partnership in the ATC which should be disclosed on its website. The Service Provider reserves the right to modify or nullify the ATC at any time in accordance with the obligation of information set out in said ATC.
60 days prior to the day of entry into force of the revised version of the ATC, the Service Provider shall send a separate e-mail to notify all Partners who will become or remain Gold Partners according to the revised version of the ATC, and also to those who will no longer be Gold Partners according to the same instrument.
Accurate commission rates as set out in Section X of the effective Szallas.hu GTC (http://szallas.hu/aszf) (method of billing)
As regards Accommodations located within the territorial scope of the VAT Act (regsitered offices, places of business or branch offices in Hungary), the Value Added Tax calculated at the VAT rate according to the effective VAT Act will be accounted in addition to the net commission, so that commissions will be invoiced with value added taxes.
As regards Partners contracted in member states of the European Union, except Partners listed in Section 26:
Net commissions will be invoiced to Partners holding valid EU tax numbers (invoicing according to reverse charge rules; Council Directive 2006/112/EC);
Partners without a valid EU tax number will be charged VAT in accordance with EU legislation in addition to the net commission, the commission will be invoiced at the value plus VAT.;
net commissions will be invoiced to Partners contracted outside of the EU (third countries).
The commission rate is determined by the location and type of accommodation, and will be as follows from 1st January 2021 (the table does not include the fee for the Online Payment Service):
Accommodation category: categories into which the Accommodations (Partners) have categorized themselves while registering on the website and which have been checked by the Service Provider, hence the specific accommodation of the Partner is shown in that category on the website.