GENERAL TERMS AND CONDITIONS

I            Introductory provisions:

1.              These General Terms and Conditions ("GTC"), including Annex 1 for certain non-Hungarian accommodations, and the Commission Agreement, which forms an integral part of the GTC, together with the Individual Terms and Conditions and the Supplementary Terms and Conditions and Media Offers accepted, ordered or otherwise applicable to the Partner's Contract, constitute the whole of the "Agreement" between Szallas.hu Zrt. and the Partner for the services provided by Szallas.hu Zrt. to the Partners (the "Services"). For accommodation facilities outside Hungary, Annex 1 may contain provisions other than the general provisions of the GTC and the general Commission Agreement for specific countries.

2.              The Services consist of (i) the Basic Services and (ii) Other Services used by the Partner.

3.              The Core Services consist of (i) the Online Platform Service (defined in clause II, details in clause V) for which the Partner pays a Commission as defined in clause X and (ii) the Online Payment Service (defined in clause II, details in clause XII) for which the Affiliate pays the Online Payment Service Fee as defined in clause 76.

4.              Other Services are (i) advertising services provided on the basis of advertisements ordered by the Partner (under a Media Offer) (defined in Section II, details in Section 9) for which the Partner pays a fee as set out in the Media Offer and (ii) services or discounts set out in the Additional Terms and Conditions ("ACTS") (defined in Section II, details in Section 10) accepted by or otherwise applicable to the Partner, which do not always involve an obligation to pay on the part of the Partner. The use of Other Services is generally, but not always, at the discretion of the Partner.

 

II          Concepts:

Administration Interface	means the online, software access enabling the Partner to use the Service on the Szallas.hu Platform. The Partner can use the Administration Interface provided to them to view and configure the relevant information related to their Offer and the publication of their Offer. Szallas.hu Zrt. shall provide the Partner with data related to the Reservations and the settlement of the Parties through the Administration Interface.
Offer	means the Partner's offer for the elements (e.g. rooms, other premises) of a particular accommodation and, if any, the related services for which the Services are used.
Basic service	means the Online Intermediary Service and the Online Payment Service together.
Price Identity	means the Parity Requirement that, for accommodation and services with the same parameters, the pricing terms of the Offer are no less favourable than those published on its own website.
GTC	means these general terms and conditions, which generally govern the general terms and conditions between Szallas.hu Zrt. and all its partners. The current version of the General Terms and Conditions is available at https://szallas.hu/aszf.
Other Platforms	means any online platforms outside the Szallas.hu Platform on which the Partner's Offer may appear in connection with the Service (e.g. Google ads, Facebook ads, Affiliate partner interfaces, Aggregator sites' interfaces, Real-time bidding ads).
Other Services	means all other related services provided by Szallas.hu Zrt. to Partners that are not Basic Services.
Specific Conditions	means (i) the terms and conditions set either in the Administration Interface or (ii) otherwise agreed (e.g. by e-mail order) for the given Other Service, which regulate the specific elements of the Agreement between Szallas.hu Zrt. and the given Partner (e.g. Partner data, commission levels, which Other Services the Partner uses, etc.).
Recognition Titles	are the awards granted by Szallas.hu Zrt. for a certain period of time, based on the criteria set by Szallas.hu Zrt.
User	means a visitor to the Szallas.hu Platform who is not a Guest.
User Content	mean the writings, opinions, comments, reviews made by Users in relation to the Partner's Offer, services, whether on the Szallas.hu Platform or on other interfaces.
Reservation	means the process described in point VII, which leads to the conclusion of a contract between the Partner and the Guest.
Substitute Service	means a service provided by the Partner to the Guest which is equal to or superior to the original service set out in the Reservation in the event that the Partner is unable to provide the original service for any reason.
Commission	means the amount payable by the Partner to Szallas.hu Zrt. for the provision of the Online Platform Service. The current rate of the Commission is set out in the latest Commission Annex at https://szallas.hu/aszf.
Online Payment Service Fee	means the fee payable for the Online Payment Service.
Additional Terms and Conditions ("ACT")	are the terms and conditions of the Other Services provided by Szallas.hu Zrt. that are not advertising services provided on the basis of a Media Offer. The current version of the ACT is available at https://szallas.hu/aszf.
Conversion	reports Szallas.hu Zrt. the ratio between the number of visitors to the Accommodation or Offer subpage on the platform and the number of Reservation in relation to it.
Media offers	are the conditions for displaying the advertising services provided by Szallas.hu Zrt., which may even increase the Partner's guest traffic. The current Media Offers are available at https://szallas.hu/mediaajanlat.
Online Payment Service	reports Szallas.hu Zrt. Ptk. 6:129. §. of the Sz.Ó.HU, in the course of which it acts exclusively on behalf of the Partner and receives funds from the Guest as the Partner's agent.
Online Platform Service	means ensuring that the Partner has access to the System, so that the Offers for accommodation and related services offered by the Partner are displayed and available on the Szallas.hu Platform or a part thereof in accordance with the relevant provisions of the Contract, in order to be booked by Users, thus creating a contract between the Partner and the User.
Parity Requirement	means that the terms of the Offer are no less favourable in terms of pricing and capacity availability than those published on its website.
Partner	means the person entitled to rent out the accommodation(s) on a temporary basis in accordance with the law and the relevant official regulations and registers, who or which concludes the Contract for the use of the Services in respect of the accommodation(s) operated by it.
Partner Handling Category	The financial classification of the Partner as defined in clause 62 of these GTC, which determines the payment deadline for the Commission and fees and the starting date of the suspension of the Service by Szallas.hu Zrt. in case of late payment.
Ptk.	means Act V of 2013 on the Civil Code.
Ranking	is the set of criteria that determines or influences the ranking of partner offers on the Szallas.hu Platform.
Standard list price	means the prices set in the administration interface within the room type settings.
Szallas.hu Platform	means the online platform operated by Szallas.hu Zrt., together with the related software solutions and databases, on which and with the help of which Szallas.hu Zrt. is entitled to provide the Service independently or on the basis of agreements.
Szallas.hu Intellectual Product	means the content displayed on the Szallas.hu Zrt. Platform (including design, layout, graphics and other visual elements, materials, software and other solutions used, ideas, their implementation), except (i) the content uploaded by the Partner; (ii) the User Content; and (iii) the content of Szallas.hu Zrt. (iii) the trademarks and other content of persons other than Szallas.hu Zrt.
Szallas.hu Zrt.	means the legal entity operating the Szallas.hu Platform, the current details of which are set out in section XIX.
SZÉP Card	means the Széchenyi Recreation Card pursuant to Government Decree No. 76/2018 (IV. 20.).
Treaty	announces the entire agreement between Szallas.hu Zrt. and the Partner regarding the Services
Service	means Basic Services and Other Services.
Guest	means the person who concludes a contract on the Szallas.hu Platform and uses the Partner's service, as well as the person who actually pays for the Partner's service.
Closed Consuming Groups	means a group of persons defined according to a specific criterion or set of criteria, and the platform (interface) providing access to the service is password-protected and membership is based on the voluntary decision and active action of the person accessing it.

 

III       Registration, conclusion of the Contract

5.              The Contract between Szallas.hu Zrt. and the Partner for the Basic Services is concluded by the Partner registering on the Szallas.hu Platform partner registration website (https://szallas.hu/regisztracio) and accepting these GTC and ACTS, the acceptance of which is mandatory (if any). Szallas.hu may, at its own discretion and without obligation to state reasons, decide not to accept the registration of a natural or legal person, and thus no contract shall be concluded between the person wishing to register and Szallas.hu Zrt. under these GTC.

6.              During the registration process, the Partner must register all the accommodation facilities it operates and wishes to publish in the Szallas.hu Zrt. online reservation system, in addition to providing the data requested by Szallas.hu Zrt.

7.              During registration, the Partner provides a secret password that allows them to access the Administration Interface.

8.              In addition to the Online Platform Service, such as the normal display of the Offer, other advertising surfaces and options may be ordered to promote Reservation using the options indicated in the Media Offer. In this regard, where the GTCs, the Order or related documents refer to an Offer, the term Offer shall be understood to include the term Advertisement where the Offer is displayed pursuant to a separate order under the Media Offer. With regard to the Other Services (advertising) included in the Media Offers, a contract is concluded between the Partner and Szallas.hu Zrt. when the Partner orders the given advertising service from Szallas.hu Zrt. by e-mail or in another manner specified in the given Media Offer.

9.              With respect to the Other Services included in the ACTs, the contract shall be concluded in accordance with the relevant Additional Terms. Where ACT states that it covers the Partner subject to certain conditions, it will become part of the Partner's Contract without any further action by the Partner if those conditions are met. Where ACT states that the Partner must accept it in order to be covered by it, that ACT will only become part of the Partner's Contract if accepted by the Partner in the Administration Interface or as otherwise specified in that ACT.

10.           The contract and all its elements are concluded online, Szallas.hu Zrt. does not store or post them on paper.

11.           The Affiliate agrees and acknowledges that in order to provide the Service, it must actively take the actions set out in the GTC or the ACTS. The Partner undertakes to continuously monitor the information provided by Szallas.hu Zrt.

12.           Szallas.hu Zrt. has the right to conclude a contract with other persons engaged in the same activity as the Partner, or for the same or similar services as the Partner's Service.

  

IV       Administration Interface

13.           Certain Specific Terms of the Affiliate's Agreement may be set up or displayed in the Administration Interface in accordance with the relevant terms and conditions. The Partner may enter and set the parameters of its Offer for the Partner's accommodation and related services on the Administration Interface.

14.           The Partner shall not provide any data, information and contact details (telephone number, email address, web addresses, links, social media contact, Facebook/Twitter address, etc.) in relation to its Offer, neither on the Administration Interface nor by any other means, which are public to the Users and which allow the Users to contact it directly. The Partner shall not otherwise encourage the Guest or the User to contact them directly. Any breach of these provisions shall constitute a serious breach of contract.

15.           The Partner shall act in accordance with the applicable legislation, in particular with regard to the respect of personal rights, copyright and consumer protection regulations, in its activities under the GTC, in particular when uploading data and in any activities that it may perform on the Administration Interface.

16.           It is the sole responsibility of the Partner to keep the secret password, used for accessing the Administration Interface, as a secret and to take all necessary measures to ensure that it is not disclosed to unauthorised persons. The Partner is also responsible for ensuring that the secret password is only known and used by persons authorised to make statements on behalf of the Partner in relation to the Contract. The Partner shall be liable for any damage caused by a breach of the above.

17.           Szallas.hu Zrt. will take reasonable care to ensure that unauthorized third parties cannot modify the content of the public data uploaded by the Partner.

 

V          Online Platform Service

18.           Szallas.hu Zrt. enables the Partner, within the framework of the Online Platform Service, to use the Szallas.hu Zrt. Platform, to be searchable and bookable by Users, and to conclude a contract between the Partner and the Guest by means of the Reservation pursuant to Section VII. Szallas.hu Zrt. is not subject to any contract or legal relationship between the Guest and the Partner. The Partner shall pay Szallas.hu Zrt. a commission for the Online Platform Service (pursuant to clause X).

19.           With regard to the Online Platform Service, the relationship between the Partner and Szallas.hu Zrt. 6:293 - 6:301 § of the Civil Code, on the basis of which (i) Szallas.hu Zrt., acting independently, is obliged to mediate the Partner's contracts with third parties (Users), to conclude them on behalf of the Partner and to perform the obligations of the Partner under the Civil Code. (i) the Partner is obliged to act as an intermediary for the Customer and to receive and forward the contractual fees from the Guests pursuant to Article 6:129 of the PPA, (ii) the Partner is obliged to pay the commissions and fees set forth in the Agreement. The Contract is not a consumer contract as neither party is a consumer. The activities of Szallas.hu Zrt. do not constitute payment services with regard to Article 6 (4) b) of Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises, as Szallas.hu Zrt. is an independent commercial agent acting solely on behalf of the Partner, which is also entitled to conclude a contract between the Partner and the User (Guest). Szallas.hu Zrt. does not carry out any financial transactions on behalf of the User or Guest, but only accepts money from the Guest as an intermediary of the Partner (Civil Code. 6:129 (1)).

20.           The Partner acknowledges and accepts that Szallas.hu Zrt. is entitled, at its sole discretion, to determine - subject to the Partner's prior information as set out in these Terms and Conditions - a set of conditions that may be imposed by Szallas.hu Zrt. Platform and the offers of other Partners, or to influence the order in which they are found ("Ranking"). The ranking criteria are multi-factorial; factors include, but are not limited to: the amount of the Commission paid (payable) by the Partner, the ratio of visitors on the accommodation sub-page on the Szallas.hu Zrt. Platform to the number of Reservations ("Conversions"), the number of Reservations, the cancellation rate, the score of the Guest Reviews, the quality of the Partner's customer service, the number and type of guest complaints, and the Partner's payment discipline rating.. The priority of these key parameters over other potential parameters is justified by their technical priority. A Partner with a higher conversion rate, commission level, reservation rate, customer rating (score), customer service quality and payment discipline, and a lower cancellation rate and number of guest complaints, may be ranked higher in the ranking. The criteria are based on pre-defined criteria, applied uniformly to all Partners along the defined criteria and automated.

21.           The Partner can monitor the evolution of each factor through the Administration Interface. In view of the above, the Partner may not raise any objections, claims or assert any claims against the Ranking, the order of priority resulting from it or the individual factors on which the Ranking is based. You may not take any action to influence the order of the results by artificial or manipulative means or by circumventing the provisions of the GTC. Any breach of these provisions shall constitute a serious breach of contract.

22.           The Partner expressly authorizes Szallas.hu Zrt. to use the parameters of the Offer uploaded by the Partner on the Administration Interface (including any photos, illustrations, data and information, protected or protectable signs, images,) for the purpose of increasing the number of Reservations, to communicate the Offer to the public online and offline and promote it on online and offline platforms, in the manner and duration determined by Szallas.hu Zrt. To appear on Other Platforms, other than the Szallas.hu. Platform, the policies of the respective Other Platform shall also apply to the publication.

23.           Szallas.hu Zrt. is entitled, but not obliged, to make the Offer available in a foreign language. If Szallas.hu Zrt. has prepared a description of the accommodation in a foreign language, it shall provide the Partners with the opportunity to choose in the Administration Interface whether the description prepared by them or by Szallas.hu Zrt. shall be displayed in the respective language. Szallas.hu Zrt. is entitled to provide only a foreign language presentation containing only the relevant elements of the Offer. Such foreign languages may include in particular English, German, Slovak, Czech, Polish, Romanian and Croatian. A translation into another language does not change the law governing the contract. The presentation is independent of the language in which you use the Administration Interface.

24.           Szallas.hu. Zrt. is entitled to organize a "Sweepstakes" or "Promotion" in connection with the Service. Szallas.hu Zrt. and the Partner may conclude a separate or supplementary agreement on this.

25.           The Partner acknowledges and accepts that Szallas.hu Zrt. may, at its discretion, create Recognition Awards (e.g.: Excellent Accommodation Logo, Accommodation of the Year Award), which may be awarded to Partners or other partners of Szallas.hu Zrt. in accordance with the criteria set by Szallas.hu Zrt. The Recognition Titles may be used by the Partner within the time frame determined by Szallas.hu Zrt. In the absence of a separate revocation, the right to use the Recognition Titles shall automatically terminate upon termination of the Agreement. In such case, the Partner may no longer use or display the Recognition Award anywhere.

26.           The Partner shall ensure that they can be contacted by Szallas.hu Zrt. at the telephone or e-mail contact details provided to Szallas.hu Zrt. for consultation, contact or quality assurance purposes. The Partner undertakes to provide Szallas.hu Zrt. with relevant information in the course of such inquiries. Unless otherwise provided for in the GTC, the Partner is obliged to fulfil its obligation to provide information within 5 working days of the request by Szallas.hu Zrt. at the latest. A repeated breach of the above contact and data provision rules shall be considered a serious breach of contract.

27.           Szallas.hu Zrt. is entitled to send promotional and advertising materials about its own products or services or those of its partners (third parties) other than the Partner to the e-mail address provided by the Partner.

28.           The Partner is obliged to notify Szallas.hu Zrt. of any problem or circumstance that arises in the Partner's interest due to a reason affecting the service provided to the Guest or the services of Szallas.hu Zrt.(e.g.: renovation, maintenance, malfunction, unavailability of a room or service for any reason, insufficient Internet connection, change of e-mail address, telephone number, etc.). The Partner is liable for any damages resulting from the failure to notify the Service Provider.

29.           The Partners are prohibited from using any systems or solutions that may interfere with the Service, Szallas.hu Zrt. Platform or the servers used for the operation of the Administration Interface, or which otherwise endanger the operation of Szallas.hu Zrt. Platform to operate as intended.

30.           The Szallas.hu Zrt. reserves the right to change the content of the Szallas.hu Zrt. and also reserves the right to modify or discontinue any Szallas.hu Intellectual Property Product and/or any element of the Service on the Szallas.hu Zrt. platform at its sole discretion.

31.           The operation of the whole or certain parts of the Szallas.hu Platform is considered an intermediary service under the provisions of Act CVIII of 2001 on Electronic Commerce Services (e.g.: the content of the Profile created by Users). The Partner acknowledges that the Users are entitled to use the Szallas.hu Platform on the basis of the Terms of Use of the Szallas.hu Platform and the Data Management Information. The Partner declares that they are familiar with and they comply with the Terms of Use and the Data Management Information of the Szallas.hu Platform (available via the footer of the page https://szallas.hu/) and that it will continuously monitor changes to these Terms of Use and Data Management Information.

32.           The Affiliate acknowledges that the User and/or the Guest may (i) learn about the Offers, request further information about the Offers (ii) share the Offers, information with others on known social networking sites - Facebook, Twitter - or send them by e-mail or on any other communication channels (iii) write opinions, comments, reviews about the Partner's Offer and/or the services used by the Guest ("User Content") and (iv) make immediate Reservations as indicated in the Offer, up to the available capacity (dates and places) indicated therein.

 

VI       The Partner's Offer

33.           The Affiliate will provide information, data and photos relating to the Offer through the Administration Interface. When entering the name of the accommodation, the basic formal requirements must be met.

34.           When uploading and providing information, the Partner is obliged to provide actual and truthful data. The Partner declares that any data, information, text, images, videos or other intellectual property and any part thereof that the Partner may otherwise communicate or upload on or in connection with the Administration Interface or the Service are correct, accurate, complete and true, and that the Partner is entitled to upload them. The Partner undertakes to include all data and information that is required by applicable law or regulation or that is otherwise relevant to the Users or Szallas.hu Zrt. in relation to the Service. The Partner shall provide the prices in gross value (net + VAT). As long as the Partner does not set other prices in the Administration Interface or does not use a channel manager service, Szallas.hu Zrt. is entitled to upload the Partner's standard list prices to the Administration Interface. As long as the Partner does not change the prices thus uploaded to the Administration Interface or does not use a channel manager service, the Users will be able to book the Partner's Offer at the standard list prices as set out above for 365 days in advance from the day of opening of the respective Offer by the User.

  

35.           Szallas.hu Zrt. has the right, but not the obligation, to correct any incorrect or inaccurate data provided by the Partner. If the data provided by the Partner is systematically untrue or incorrect, this shall constitute a serious breach of contract and shall constitute grounds for termination. The Partner declares and warrants that the advertisements ordered under the Media Offer are not subject to any advertising prohibitions or restrictions, in particular the provisions of Act XLVIII of 2008 on the Basic Conditions and Certain Restrictions of Economic Advertising Activities and Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers. Szallas.hu Zrt. does not undertake any obligation to adapt the Offers in accordance with the applicable legal provisions. Szallas.hu Zrt. may omit or reformulate data that violate the provisions of the Contract.

36.           Szallas.hu Zrt. does not assume any responsibility or liability for the display of the Offer or for the failure to display the Offer if the Partner uploads or provides data or information related to the Offer incompletely or incorrectly, or if the display is in violation of the rules of the GTC.

37.           The Partner undertakes to use the Administration Interface to keep the information and data relating to its Offer, including data on available and reserved capacities, up to date and current.

38.           In order to avoid that the Partner uses the services of Szallas.hu Zrt. as an advertising platform, which is intended to direct the Users to the Partner's own website, and thus to use the marketing services provided by Szallas.hu Zrt. free of charge, the Partner undertakes that the terms and conditions of the Offer are not less favourable than the terms and conditions published on its own website ("Parity Requirements") with regard to pricing and capacity availability. Any breach of the following Parity Requirements shall constitute a serious breach of contract and the Partner shall immediately remedy the breach upon notice to do so:

a)       The Partner shall not set a higher price in its Offer for its accommodation, rooms and services with the same parameters and characteristics (e.g. comfort level, room type, number of beds, meal types and services, conditions of use, cancellation and modification conditions, seasonality, validity, special conditions) than the price it applies and advertises on its own website ("Price Identity"). Conduct which seeks to circumvent the above is prohibited (e.g. where a Partner provides partially different information, features or service elements in its Offer and on its own website in respect of its accommodation, room or service package in order to circumvent the undertaking to provide price matching). Where the Partner entrusts the operation of the website to another person but the website is operated in the interest of the Partner, the website shall also be deemed to be the Partner's own website.

b)      If the Partner also uses another service similar to the Online Platform Service from a third party, the Partner ensures that the same amount of free capacity (bookable space / service) is available on the Szallas.hu Platform at a given time for a given Offer as on any other site.

39.           The Affiliate is not subject to the requirement of Price Identity when offering its prices to Closed Consumer Groups, provided that (i) the prices are not widely or fully disclosed, either directly or indirectly, and (ii) the prices offered within the group are provided to persons who have already used the Affiliate's services at least once as a member of the Closed Consumer Groups.

40.           If Szallas.hu Zrt. itself has a Closed Consumer Group, it will inform the Partner accordingly. Szallas.hu Zrt. shall be entitled to provide a discount to its Closed Consumption Group to an extent not exceeding its commission, but at all times at its own expense.

  

VII     Reservations

41.           The Partner shall maintain a real-time booking system for its Offers. With regard to the Offers uploaded by the Partner at any given time, Users can make immediate reservations on the Szallas.hu Platform for available dates set and kept up to date by the Partner, at the prices and conditions displayed in the Partner's Offer. The Partner is responsible for keeping the data displayed on the Szallas.hu Platform up to date.

42.           The reservation made by the User will be automatically accepted in the form of a response message. In case of incorrect information, the reservation cannot be refused. The reply message shall constitute a contract between the Guest and the Partner at the prices and conditions displayed in the relevant Offer in the real-time reservation system managed by the Partner, up to the maximum available capacities defined by the Partner.

43.           Szallas.hu Zrt. does not assume any obligation to produce results for the Service. Szallas.hu Zrt. shall not be liable for the initiation or the number of reservations made by Users. The Partner may not assert any claims against Szallas.hu Zrt. in connection with the failure to achieve such a result, including, without limitation, claims for damages and loss of profit.

   

VIII   Reservation completion

44.           In the event of a connection outside of Szallas.hu Zrt. platform after the Reservation (sending a reply message to the Guest) which changes the terms and conditions of the original Reservation, the Partner is obliged to inform Szallas.hu Zrt. about the content of any changes. Such conditions may include, in particular, the following: modified date or duration, different number of Guests, modified package, etc. Violation of these provisions shall be considered a serious breach of contract.

45.           The Partner shall immediately notify Szallas.hu Zrt. if it is unable to fulfil its original contractual obligation towards the Guest. In such a case, the Partner shall be obliged to provide the Guest with the same or a higher standard of accommodation as a substitute service without any extra charge ("Substitute Service"). The Substitute Service must have the same basic characteristics as the original service (number, comfort level, location of the accommodation, geographical distance, location within the municipality, areas for independent use). Any additional costs incurred in using the Substitute Service shall be borne by the Partner (e.g. the difference in price between the original and alternative accommodation, reimbursement of the additional travel costs of the Guest concerned by the reservation or the travel to the alternative accommodation, etc.).

46.           If the service provided by the Partner does not correspond to the service detailed in the Offer, the Reservation or the amended contract agreed with the Guest, or if the Partner is unable to provide a Substitute Service or the Guest does not accept it, the Partner shall indemnify or compensate the Guest for any adverse consequences, damages and costs incurred by the Guest in connection with the above. The compensation or indemnity to which the Guest is entitled shall be paid at the time the event occurs. In the cases regulated in this clause, the Partner shall notify and inform Szallas.hu Zrt. The Partner is obliged to indemnify Szallas.hu Zrt. against all claims, costs and damages incurred against Szallas.hu Zrt. in connection with the above. This provision shall also apply in the event that the Partner fails to comply, or does not fully comply, with its obligation to update the real-time booking system. Any breach of this clause shall constitute a serious breach of contract.

47.           Szallas.hu Zrt. shall not be liable for any damage caused by the Guest to the Partners or any other third party, in particular for any failure to use the accommodation or for any breach of the terms and conditions of use.

 

IX       Relationship of Szallas.hu with Users and Guests

48.           Szallas.hu Zrt. operates a telephone customer service for Users and Guests in connection with the Service. The operation of the customer service by Szallas.hu Zrt. does not exempt the Partner from fulfilling its obligations towards the Guests.

49.           Szallas.hu Zrt. has the right to contact the User or the Guest by telephone, SMS or any other means of contact recorded in the system in connection with other requests for offers not yet answered by the Partner, related to the operation of the Szallas.hu Platform.

50.           Szallas.hu Zrt. is entitled to contact the Guests in order to:

a)       inform the Guest of the existence of the contract between the Guest and the Partner and of the obligations arising from it;

b)      provide information on the use of the accommodation service;

c)       consult them for information about their reservation and the services.

51.           After the successful completion of the Reservation, Szallas.hu Zrt. will ask the Guest to fill out the Guest Evaluation Form by e-mail, which may be followed by one or more reminder e-mails (on the 1st day after the trip, on the 8th day if not filled in, and on the 28th day if not filled in), the completion of the guest evaluation form is optional. The Partner accepts that Szallas.hu Zrt. is entitled to publish the Guest's opinion by filling out the online questionnaire, which is part of the Szallas.hu Platform and which facilitates objective evaluation, after the Guest has used the accommodation. In all cases, the opinions are User Content, to which the Partner is entitled to respond in a public comment on the Szallas.hu website, and the Partner may not otherwise process the guest evaluation or contact the Guest directly in connection with it. If the Guest has submitted the review anonymously, the Partner shall not be entitled to infer the identity of the Guest and to write a comment or make any other reference to the identity of the Guest. The Guest is obliged to comply with the detailed rules for User Content, which are set out in the Content Policy (Annex 2), which forms part of the Terms of Use.  Szallas.hu Zrt. will only check the User Content if it is brought to its attention of objectionable content. The Partner acknowledges that Szallas.hu Zrt. may remove User Content only in the event of a violation of the Terms of Use, a legal or court decision, or the express consent of the User or Guest who generated the User Content.

52.           Szallas.hu Zrt. is not obliged, but entitled, to contact the Partner in connection with complaints reported by the Guest and to investigate the Guest's report.

   

X          Commission

53.           For the use of the Online Platform Service, the Partner shall pay Szallas.hu Zrt. a commission for the actual payment obligation of the Reservations and/or the Guest to the Partner, as set out below.

54.           Szallas.hu Zrt. is entitled to the commission if:

a)       the Reservation has been successfully realized;

b)      the Partner fails to notify Szallas.hu Zrt. in due time that the Guest has contractually cancelled the reservation;

c)       the Affiliate mistakenly or negligently fails to provide actual and true information through the Administration Interface;

d)      the Guest has actually used the service, but the Partner has mistakenly or for some other reason claimed otherwise in the Administration Interface;

e)       the Guest has otherwise incurred a payment obligation to the Partner under the contract between the Guest and the Partner as a result of the cancellation of the Reservation;

f)       the contract between the Partner and the Guest is amended by omitting the Szallas.hu Zrt. system.

55.           Net Commission basis:

a)       for points 54(a) to (d), the total gross consideration for the Reservations; and

b)      for points 54.e) to 54.f), the actual payment obligation of the Guest to the Partner (e.g. penalty, cancellation fee or value of the services actually used).

56.           The Commission rate is determined based on the location and category of the accommodation; the Commission rate will be published on the Szallas.hu Platform (https://szallas.hu/aszf). The rate of the Commission is accepted by the Partner during the registration process, about which the company informs the Partner in the e-mail confirming their registration, and it is also available on the Administration Interface. The Partner may adjust the level of the Commission at will - upwards from the basic expected level - in order to improve the ranking of the Offer. The unilateral modification of the commission by Szallas.hu Zrt. is subject to the rules of the modification of the GTC as set out in clause XVII.

57.           If the Guest cancels the Reservation before the planned occupation (use) of the accommodation with the cancellation conditions provided by the Partner and no payment obligation arises towards the Partner, the relevant Reservation will be cancelled and Szallas.hu Zrt. will not receive any commission. If the Guest has not cancelled the Reservation via the customer service of Szallas.hu Zrt. or via the online interface created for this purpose, the Partner is entitled and obliged to report the Guest's cancellation by the 10th day of the following month and to confirm the cancellation to Szallas.hu Zrt. by the Guest's cancellation declaration. Commission reconciliation shall take place via the Administration Interface (http://admin.szallas.hu / Billing / Szallas.hu reconciliation).

58.           In the event that the Guest has actually used the service, but the Partner has mistakenly or otherwise stated the opposite in the Administration Interface, Szallas.hu Zrt. may exercise its rights under the GTC and is entitled to the Commission. The Partner may prove that their setting was not incorrect by sending the Guest's cancellation declaration to Szallas.hu Zrt.

 

XI       Payment terms

59.           The Szallas.hu Zrt. shall send the Partner an invoice for commissions and other fees on a monthly basis or at the intervals specified in the ACT, Media Offer or other agreement of the Parties, for successfully realized and cancelled Reservations, if subject to payment, and for any other services used in the previous month for which payment is due. Standard invoicing method: electronic invoice via e-mail. The Partner will receive the electronic invoice to the e-mail address provided by the Partner. In the event that the Partner informs Szallas.hu Zrt. in writing that they do not wish to receive an electronic invoice, Szallas.hu Zrt. will issue a paper invoice.

60.           Payment of invoices is made by bank transfer, credit card or cash. Payment by bank transfer shall be made to the bank account number specified in point XIX of these GTC. Szallas.hu. Zrt. shall provide the possibility of payment by bank card through a bank service provider in the Administration Interface. Payment in cash is possible at the headquarters of Szallas.hu Zrt. (3525 Miskolc, Régiposta utca 9), at a time agreed in advance. The parties shall duly apply the provisions of the law applicable to fixed-term settlements, such as the VAT Act, as amended by the VAT Act of Hungary, as applicable in the case of fixed-term settlements. 58 (1).

61.           The Partner is obliged to pay the Commission and other fees to Szallas.hu Zrt. by the deadline indicated on the respective invoice. The Commission and other fees shall be deemed paid on the date of crediting the account of Szallas.hu Zrt. The due date for payment of the Commission account is determined by the Partner Handling Category applicable to the Partner, which are as follows:

a)       VIP: Highly stable company, payment deadline: 30 calendar days, service suspension date: 30 calendar days after expiry.

b)      Featured: stable company, payment deadline: 14 calendar days, service suspension date: 15 calendar days after expiry.

c)       Normal: Medium-risk company, payment deadline: 14 calendar days, service suspension date: 8 calendar days after expiry.

d)      Risky: Above average risk company, payment deadline: 8 calendar days, service suspension date: 4 calendar days after expiry.

e)       High risk: company with a risk level far above average, payment deadline: 8 calendar days, service suspension date: 2 calendar days after expiry.

f)       Excluded: a high-risk company, a former partner of Szallas.hu Zrt. whose invoice debt has reached the stage of debt collection by the debt collector several times, or the invoice has not been legally recovered, the Partner may be reappeared in case of an advance payment.

62.           The classification in the Partner Handling Category does not change the payment terms under the previous GTC for Partners with a contract in force on the date of entry into force of these GTC. Szallas.hu Zrt shall review the Partner Handling Categories on 31 October of each year after the entry into force of these GTC, or on the working day following the date of the review if this is a public holiday and may determine the new Partner Handling Category to be in force on the basis of compliance with the payment deadline for invoices issued within 365 days prior to the review. Following the review, persistently punctual payment may result in an upgrading of the Partner Handling Category, and persistently late payment may result in a downgrading of the Partner Handling Category, where persistent late payment is defined as an average delay of more than 5 calendar days. Negative events in the public domain (NAV pages, company court notices) or the involvement of a company in collection for non-payment of an invoice may result in an immediate downgrading of the Partner's Partner Handling Category.

63.           Szallas.hu Zrt. has the right to unilaterally determine and change the Partner Handling Category and the conditions for classification in the categories. The Partner Handling Category is not public data.

64.           In order to prepare and verify accurate accounts, the Partner undertakes to allow Szallas.hu Zrt. to inspect its records to the extent necessary or to provide credible information in the event of any doubt regarding the fee or the amount of the commission due to Szallas.hu Zrt.

65.           In the event of a breach of payment obligations towards Szallas.hu Zrt., the provisions of Section XVI shall apply.

66.           The Partner may lodge a written complaint within seven working days of receipt of the invoice. The Partner must clearly state the reasons for the invoice complaint and attach all supporting documents. Szallas.hu Zrt. will examine and decide on its acceptance within five working days. If Szallas.hu Zrt. does not accept the invoice complaint, the Affiliate may take legal action in accordance with these GTC.

 

XII     Online Payment Service

67.           The Online Payment Service will be introduced gradually. Szallas.hu Zrt will inform the Partner through the Administration Interface that IT developments have made it possible for the Online Payment Service to be available to them. The Partner operating an accommodation in Hungary registered before 1 January 2021 can indicate in the Administration Interface, based on their own decision, that they wish to use the Online Payment Service, and for Partners registered on or after 1 January 2021, the use of the Online Payment Service will become mandatory. Clauses 68 to 77 shall apply to the Partner's Contract from the date on which the Partner uses the Online Payment Service or is bound by it. In other cases, Clause 79 shall apply.

68.           If the Partner is covered by the Online Payment Service, then by accepting these GTC, the Partner mandates Szallas.hu Zrt. to comply with the provisions of the Civil Code. 6:129 of the P.C. (technical performance assistance) to receive from the Guests the advance payment or the amounts exceeding the advance payment owed to the Partner under the contract concluded between the Partner and the Guest as a result of the Reservation. Szallas.hu Zrt. shall settle the amounts received with the Partner as follows.

69.           Within the framework of the Online Payment Service, Szallas.hu Zrt., acting on the basis of the Partner's authorisation, shall arrange for the amount paid by the Guest (by bank transfer, debit or credit card or SZÉP Card) to be credited from the Guest's account to the Szallas.hu Zrt.'s bail account, as a collective account. In this regard, the Guest can only use a payment method that allows them to transfer money to a bank account in HUF in Hungary, the system only handles Hungarian forint currency. If the Partner specifies the amounts to be paid to them in a different currency in their Offer, Szallas.hu Zrt. shall convert the given amount at the time of the Reservation and deduct the amount from the Guest at the previous day's exchange rate of the Hungarian National Bank and in Hungarian forints. In connection with the above, the Partner shall not be entitled to claim any costs or fees from Szallas.hu Zrt. or the Guest, neither in the form of exchange rate differences nor in any other form.

70.           Within the framework of the Online Payment Service, Szallas.hu Zrt. ensures that Guests can pay amounts due to Partners:

a)       by bank transfer;

b)      by debit and credit card; 

c)       by a Széchenyi Card ("SZÉP Card") in accordance with Government Decree No. 76/2018 (IV. 20.), provided that the Partner is a SZÉP Card acceptance point and has set this up accordingly in the Administration Interface.

71.           If the Partner lists itself as an acceptance point for SZÉP Cards on the Partner's Administration Interface, the Partner declares that it fully meets the legal, material and technical requirements for the acceptance of SZÉP Cards and that it is operating legally in accordance with the legal provisions applicable to it, in possession of any necessary official permits. The Partner further declares that it actually provides the services according to the TEÁOR numbers for the given reservation in accordance with Government Decree No. 76/2018 (IV. 20.). Szallas.hu Zrt. is not obliged to verify the correctness of the settings but is entitled to do so. The Partner is solely responsible and shall be liable to compensate any damage caused to Szallas.hu Zrt. or the Guest as a result of any invalid, untrue or incorrect settings. In the event of acceptance of the SZÉP Card, the Partner is obliged to indicate this in the Administration Interface:

a)        your own SZÉP Card acceptance point registration number, or,

b)      which of the sub-accounts under points a) to c) of paragraph (1) of Article 71 of Act CXVII of 1995 on Personal Income Tax (Personal Income Tax Act), to which of the sub-accounts it can accept payment by SZÉP Card; and

c)       which SZÉP Card issuing bank you have a legal relationship with.

72.           Szallas.hu Zrt. will make the payment from their master account to each Partner once a week. At the same time as the payment is made, Szallas.hu Zrt. provides the Partners with an exact statement via the Administration Interface about the items of which the given payment is composed, i.e. which Reservation it relates to and what the title is. Szallas.hu Zrt. will transfer the amounts paid by the Guest to the Partner as follows:

a)       the advance payment on the first transfer date following the deadline for its cancellation without obligation, as set out in the Offer. The advance payment deadline shall not be sooner than the deadline for the Guest to cancel the Reservation without payment;

b)      of the amount paid by the Guest to the master account, the excess (if any) of the advance payment over the amount paid by the Guest to the Partner, on the first transfer day following the date of the confirmed arrival of the Guest at the accommodation;

c)       the amount corresponding to the Guest's outstanding payment obligation (or the unpaid part thereof) to any other Partner arising from the cancellation of the Reservation, on the first transfer date following the due date.

73.           The Service Provider will specify which reservations are eligible for online payment. If the Offer contains online payment terms, the Guest will only be able to make the payment to the Partner as specified herein. The minimum amount payable by the Guest is the amount of the deposit set out in the Offer; however, the Guest is entitled to pay a higher amount. Szallas.hu Zrt. 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 under the Reservation. Failure by the Guest to make the advance payment specified in his Offer by the due date shall constitute a withdrawal from the contract between the Partner and the Guest and the Guest's Reservation shall be automatically cancelled, except in the following case. If the amount paid by the Guest is less than or equal to the amount of the deposit set out in the Offer, up to a maximum of HUF 100,-, the Reservation will not be cancelled and the Guest shall pay the difference by any means permitted by these GTC (e.g. by using the Online Payment Service or by paying the balance directly to the Partner upon arrival at the accommodation).

74.           If the Guest modifies the Reservation and Szallas.hu Zrt. is aware of this, the Administration Interface automatically tracks the following changes: changes to the total gross amount of the Reservation, changes to the due date of the deposit and changes to the amount due to the Partner in case of a legal cancellation. However, the Administration Interface will not allow any change that would result in the departure date being moved to within three days if the advance payment has not yet been made. If, as a result of such modification, the total gross amount of the Reservation would be reduced below the amount of the deposit already paid, the system will reduce the deposit to the new total gross amount of the Reservation and the excess amount will be returned to the Guest by the person who holds this amount.

75.           For using the Online Payment Service, the Partner pays an Online Payment Service Fee to Szallas.hu Zrt. The Online Payment Service Fee is calculated based on the following:

a)         If the Guest pays by SZÉP Card, the Online Payment Service Fee is 2.84% of the amount paid + VAT;

b)         If the Guest pays by debit or credit card, the Online Payment Service Fee is 1% of the amount paid + VAT.

76.           Szallas.hu Zrt. is obliged to transfer the amount less the Online Payment Service Fee from the omnibus account to the Partner. The Partner shall treat the amount not reduced by the Online Payment Service Fee as the amount paid by the Guest. The Partner shall issue an advance and final invoice to the Guest for the amounts paid, Szallas.hu Zrt shall have no obligation to issue an invoice. Szallas.hu Zrt. shall issue an invoice for the Online Payment Service Fee, which shall be marked as not requiring financial performance. The date of payment of the Online Payment Service Fee shall be the date of payment to the Partner. In 2020, Szallas.hu Zrt. will grant a discount to the Partners by granting a discount on the Commission for the month of the reservation's departure date for the amount of the Online Payment Service Fee due for the reservations received and completed (travelled) by 31 December 2020. The Online Payment Service Fee is payable to Szallas.hu Zrt. in the event that Szallas.hu Zrt. has transferred funds to the Partners in connection with the Reservation.

77.           The Partner may invoice the Guest for the remaining unpaid balance of the total gross price of the Reservation and the value of the services used on the Premises in addition to the amounts paid online by the Guest and due to the Partner under the Online Payment Service. The Online Payment Service Fee may not be passed on to the Guest by the Partner.

78.           With the exception of payment by SZÉP card, Szallas.hu Zrt. will not be involved in any refund or compensation case between the Partner and the Guest. If the Partner has a refund obligation towards the Guest in the case of payment by SZÉP card, they shall notify Szallas.hu Zrt. and transfer the amount to the bank account of Szallas.hu Zrt. Szallas.hu Zrt. is obliged to refund the amount to the Guest to the same account of the Guest from which the original payment for the given Reservation was received to the bank account of Szallas.hu Zrt. provided for this purpose.

79.           If the Partner is not covered by the Online Payment Service, but the Partner is entitled to an advance payment under the Offer, the Partner is obliged to provide their international bank account information (IBAN, Swift) for the bank transfer in the Administration Interface, which the Interface allows to be set up. If this data is not available on the Interface, Szallas.hu Zrt. is entitled to refuse to set up the option.

 

XIII  Data protection, confidentiality and protection of privacy

80.           Szallas.hu Zrt. and the Partner undertake to treat as business secrets, with the exceptions provided for in the GTC and with the exception of public data made available to Guests or Users, (i) the terms of the Contract between them, (ii) facts, information and data about the activities of the other party, its contractual partners that they become aware of in the course of the performance of the Contract and (iii) any other information that a reasonable party may reasonably assume that the other party would treat as confidential ("Confidential Information"). For purposes other than the performance of its obligations and the exercise of its rights under the Agreement, a Party shall not use or disclose to any third party (except as required by law or regulation or with the prior written consent of the other Party) any Confidential Information relating to the other Party, shall treat such Confidential Information as a trade secret and shall take all reasonable steps to protect it. These provisions shall also apply to persons employed or otherwise engaged in an employment relationship with the Parties.

81.           Pursuant to the General Data Protection Regulation (Regulation 2016/679/EU; "GDPR") and Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information ("Infotv."), Szallas.hu Zrt. and the Partner are independent data controllers, and providing the Guests with appropriate data protection information is the independent responsibility and obligation of Szallas.hu Zrt. and the Partner. Szallas.hu Zrt. shall forward the personal data of the Guests to the Partner based on the consent of the Guests solely for the purpose of fulfilling the Contract, the Partner shall not forward such data to third parties and shall not use such data for other purposes (e.g. advertising, direct contact with the Guests). Szallas.hu Zrt. and the Partner agree that Szallas.hu Zrt. shall not be liable for the lawfulness of the processing of this data by the Partner after the data has been transferred to the Partner, and the Partner undertakes and warrants that it will process the Guest's data, including the data recorded by the Partner, within the legal framework, for the purpose and for the permitted and necessary duration. Szallas.hu Zrt. does not provide any information to the Guests in connection with the Partner's data management, only the Partner is obliged to do so. The Partner shall be liable and shall indemnify Szallas.hu Zrt. against any claims and damages arising from the Partner's breach of these data protection provisions.

82.           In order for the parties to be able to bind and comply with the GTC and for the Partner to be able to use the Service, it is necessary that certain data of individuals acting on behalf of the Partner (e.g.: executives, employees authorised to order/sign orders, contact persons dealing with billing and financial matters, employees/agents dealing with guests or reservations, etc.) necessary for the maintenance of the relationship and the provision of the Service are processed by Szallas.hu Zrt. as data controllers. The Partner provides the data and has the right to modify or delete it. It is the sole responsibility of the Partner to ensure that the data is provided lawfully when using the Service and on the basis of proper information of the individuals concerned. Szallas.hu Zrt. is not obliged to verify the existence of such information. The Partner shall be liable for and shall indemnify Szallas.hu Zrt. against any claims and damages arising from the Partner's breach of the above provisions.

83.           The legal basis for data processing is the fulfilment of rights and obligations arising from the Contract between Szallas.hu Zrt. and the Partner, which is in the legitimate interest of both parties. Data processing exclusively means the use, storage and processing of the data of business contacts as described above, directly related to the provision of the Service. The Partner may initiate a consultation with Szallas.hu regarding their data processing needs at the email address hotel@szallas.hu.

  

84.            Scope of personal data processed:

a)       user name, password, telephone number and email address that can be given to Guests; first and last name, area, email address, telephone number of contact persons, accommodation details (name, type, category, address), billing details;

b)      in the case of a Partner operated by a private individual: surname and first name, date and place of birth, mother's name, billing and postal address, tax number, billing e-mail address;

c)       in the case of a sole trader, an individual with a tax number, a non-profit organisation or a Partner operated by a company: name/company name, tax number, company registration number, billing and postal address, billing e-mail address, bank account number;

d)      data generated by the individual concerned during the use of the Service (e.g. log files, content of messages).

85.           The duration of data processing expires at the end of the 8th year after the termination of the business relationship with the Partner, with the exception of data related to tax regulations and data required by the Accounting Act for accounting purposes, which are processed for 8 years in order to fulfil accounting obligations pursuant to Article 169 of Act C of 2000, or for the limitation period specified in Act XCII of 2003 on the Rules of Taxation. The personal data is stored in the electronic system of Szallas.hu Zrt., and the data is stored on servers provided by Zero Time Service Kft. (registered office: 2013, Pomáz, Mikszáth Kálmán utca 36/4., tax number: 23386031-2-13, company register number: 13-09-147733) (Data Processor). The servers are used exclusively by Szallas.hu Zrt. Szallas.hu deletes the incoming mails, including the name and e-mail address of the sender and other personal data voluntarily provided by the sender, after a maximum of five years from the date of the case.

 

XIV   Copyrights

86.           All content that is published on Szallas.hu Zrt. Platform (including design, layout, graphics and other visual elements, materials, software and other solutions used, ideas, their implementation) is the exclusive intellectual property of Szallas.hu Zrt. ("Szallas.hu Intellectual Property"), except for (i) content uploaded by the Partner; (ii) User Content; and (iii) content uploaded by Szallas.hu Zrt. (iii) the trademarks and other content of persons other than Szallas.hu Zrt.

87.           87. Apart from the display, temporary reproduction and private copying required for the proper use of the Service, the intellectual property of Szallas.hu may not be used or exploited in any other form without the prior written permission of Szallas.hu Zrt., and any such activity may result in civil and criminal proceedings.

88.           The Partner declares and warrants that the texts, photos, videos, graphics and other intellectual products uploaded by or on behalf of the Partner are the intellectual property of the Partner or that the Partner has the right to use them in connection with the Service and that they do not infringe the rights of third parties. With respect to these intellectual products, the Partner grants Szallas.hu Zrt. full rights of use to the extent necessary for the performance of this Agreement and for as long as this Agreement is in force. The Partner shall be liable and shall indemnify Szallas.hu Zrt. against all claims and damages arising from the Partner's breach of the above provisions or from the fact that they prove to be untrue.

89.           In the event of any feedback, comments or requests related to the Service, sent, transmitted or otherwise indicated to Szallas.hu Zrt. by any Partner, which do not constitute Confidential Information, the Partner accepts and agrees without revocation that Szallas.hu Zrt. may use such feedback, comments or requests to modify or improve the Service free of charge, without conditions and in any form.

 

XV     Additional warranties, limitation of liability

90.           The Partner warrants and represents that it is a legally registered and legally operating business company and that it carries out its business activities in possession of the relevant legislation, licences and authorisations, and that it has made the necessary declarations, that the sale of its services and the conclusion of the Contract do not conflict with any obligation to other persons, any legislation and/or any requirements of any professional authority.

91.           Szallas.hu Zrt. warrants that it is a legally registered and legally operating business company under the applicable legislation and that it is entitled to perform the activities under these GTC.

92.           Szallas.hu Zrt. provides the Service in a given state ("AS IS"), Szallas.hu Zrt. does not assume any liability for the accuracy, reliability, error-free operation, completeness, or suitability for a given purpose of the Service, including the software used in the operation of the Service, or any content available within the framework of the Service. Furthermore, Szallas.hu Zrt. is not liable for errors and their consequences due to causes beyond its control, such as technical malfunctions or outages in the Internet network, technical downtimes or interruptions of any kind, or destructive applications or programs installed by others (e.g. viruses, worms, macros or hacker activities).

 

93.           In accordance with the above, Szallas.hu Zrt. will use all available technology and means to guarantee the continuity of the Service provided by it, but shall not be liable for any damages caused by an unavoidable external event outside the scope of its interests and operations, which hinders the work required for the performance or the availability of technical means (e.g. strikes, floods, earthquakes, cloudbursts, power cuts, internet failure, data transmission errors, breakdowns, etc.).

94.           In no case and for any reason whatsoever shall Szallas.hu Zrt.'s liability towards the Partner in connection with the Service exceed the total amount of the Commissions paid by the Partner during the 12 months preceding the claim.

95.           The Partner may communicate any objections and/or comments in connection with the Service at the registered office of Szallas.hu Zrt. or at any of the contact details provided by Szallas.hu Zrt. Electronic contact details of Szallas.hu Zrt:

a)       hotel@szallas.hu - Partner Management Group

b)      szamlazas@szallas.hu - Billing

c)       szallas@szallas.hu - Customer Service

 

XVI   Breach of the Treaty

96.           The Partner shall pay the consideration for the Services by the payment deadline indicated on the invoice issued by Szallas.hu Zrt. In case of late payment, Szallas.hu. (i) in the case of private persons, the Civil Code. 6: 48.§ (1) (ii) in the case of individual entrepreneurs and legal entities, the Civil Code. 6:155 (1) shall charge interest on arrears.

97.           If the Partner is late with the payment deadline indicated on the invoice for a period exceeding the period for suspension of the service specified in clause 61 of these GTC, Szallas.hu Zrt. shall be entitled to:

a)       to suspend the possibility to book the Offer in addition to displaying the Partner's Offer, so that the subpage of the Partner's Offers will still be available, but Szallas.hu Zrt. is entitled to display relevant, alternative offers from other partners;

b)      suspend the display of all of the Partner's Offers on Szallas.hu Zrt. Platform and/or the Other Platforms.

98.           In the event of a payment delay exceeding 30 days, Szallas.hu Zrt. is entitled to enforce its claim by any legal means, or to assign it to another party. Szallas.hu Zrt. shall be entitled to charge the costs related to the enforcement of the claim to the Partner. In the event of a delay on the part of the Partner, Szallas.hu Zrt. may claim an amount of 40 EUR, determined on the basis of the official middle exchange rate of the Bank of Hungary on the date of the delay, as coverage for the costs of collecting the claim (collection cost rate). In addition, Szallas.hu Zrt. is also entitled to reimbursement of the costs of enforcing its claim, if they exceed the cost management fee paid.

99.           Szallas.hu Zrt may charge a fee for the release of publication restrictions due to failure to meet the payment deadline indicated on the invoice, the amount of which is (i) 1 500 HUF + VAT before the transfer for collection and (ii) 15 000 HUF + VAT after the transfer for collection. Szallas.hu Zrt. reserves the right to refuse to lift the display restrictions or to re-register the Partner until the payment obligations have been fully met, as long as the Partner is in debt to Szallas.hu Zrt. Szallas.hu Zrt. is also entitled, at its option, to make the re-registration of such Partners subject to the conclusion of a separate agreement regulating the fulfilment of payment obligations.

100.        In case of the Partner's delay in payment, the Partner may request a deferral of payment from Szallas.hu.Zrt. in case of acceptance and fulfilment of the specific conditions set by Szallas.hu.Zrt., for a fee of 4 500 HUF + VAT per case. This fee shall become due at the expiry of the deferred payment and shall be shown in the relevant closed invoice. If Szallas.hu. Zrt. grants a deferment of payment, it shall do so in any case subject to the reservation of its rights.

101.        If the Partner repeatedly and seriously breaches the Agreement, including any provision of these GTC, or does not rectify the breach of contract after repeated requests, Szallas.hu Zrt. is entitled to refuse to publish the Offer, or to suspend or delete the publication of the already published Offer, or to terminate the Agreement with immediate effect (and to terminate the provision of the Service with immediate effect). In addition to the serious breaches expressly stated in any part of the Contract, the following shall constitute a serious breach of the Contract:

a)       the Offer is evidently incomplete, non-existent, unspecific, contradictory, misleading, untrue, unrealistic, objectively unfeasible, or damaging or likely to damage the reputation of another natural person or business entity; or does not contain the minimum information necessary for the User's/ Customer's informed decision(s) (e.g.: price, relevant parameters of the accommodation);

b)      The Partner provides incorrect or misleading information on the Administration Interface (incorrect or unrealistically low prices which are not provided to the Guest after the reservation is made);

c)       the Partner charges a higher price than the one indicated in the Reservation;

d)      the Partner does not keep up-to-date information in its Administration Interface system, which leads to refusals (including overbookings when using the real-time booking system);

e)       the Partner refuses to accept the Guest's Reservation on a continuous or recurring basis (including by not accepting the Guest despite confirming or accepting a real-time reservation);

f)       Szallas.hu Zrt. receives several serious complaints and/or notifications from one or more Guests who have booked a room with the Partner, or a complaint concerns a particularly serious case;

g)      any person acting on behalf of the Partner demonstrates inappropriate, offensive or unprofessional behaviour towards the Guests or the staff of Szallas.hu Zrt;

h)      the Offer is, in Szallas.hu Zrt.'s unilateral judgment, incompatible with the Szallas.hu Platform or the image and spirit of Szallas.hu Zrt., contrary to its business policy principles, and/or directly or indirectly infringes Szallas.hu Zrt.'s advertising market and/or business interests;

i)        the Offer cannot be fulfilled for technical or scope reasons;

j)        the Offer has been formally or informally objected to by a public authority;

k)      the Partner will not refund the amount due upon cancellation of the Reservation or compensate the Guest for any damage caused;

l)        the Partner has an outstanding debt with Szallas.hu Zrt.;

m)    the Partner has been the subject of bankruptcy, liquidation, winding-up, compulsory winding-up or judicial enforcement proceedings, or proceedings initiated by a tax authority;

n)      the number of cancelled reservations at the Partner's accommodation is particularly high, i.e. the cancellation rate is 30 percentage points higher than the average for the municipality and type of accommodation in any consecutive 30-day period.

102.        The Partner shall indemnify Szallas.hu Zrt. against all claims, damages and costs arising from the Partner's breach of contract and reimburse Szallas.hu Zrt. for them.

 

XVII         Duration, termination, amendment of the contract

103.        Unless otherwise agreed, the contract between the Parties shall be concluded for an indefinite period of time, with the shortest duration of the contract being 30 days.

104.        The Contract shall be terminated:

a)       by mutual agreement of the parties;

b)      by ordinary termination;

c)       by extraordinary termination;

d)      and by withdrawal in the cases, and under the conditions provided for, in the applicable legislation.

105.        Ordinary termination may be exercised by giving at least 30 days' notice. Reasons must be given for ordinary termination. The right of termination does not limit the right of Szallas.hu Zrt. to suspend the publication of the services as provided for in the GTC. Declarations to terminate the Contract may be made in the Administration Interface.

106.        Within 1 working day from the notification of the intention, the Szallas.hu Zrt. will fulfil the Partner's intention to suspend the Partner.

107.        Szallas.hu Zrt. only enters into a contract with the operator of the accommodation, and based on Ptk. Article 6:18 (2) of the Civil Code, it is presumed that the persons who carry out the registration are entitled to make legal declarations on behalf of the accommodation operator and to conclude the Contract. Szallas.hu Zrt. considers all messages that appear on the administration interface provided to the Partner as legally binding declarations for the Partner. The Partner expressly acknowledges the legal validity of the statements made by them as referred to herein.

108.        If the operator of a registered accommodation changes, the Parties and the new operator shall be bound by the provisions of the Contract. The Partner is obliged to inform Szallas.hu Zrt. about the change of operator and, in the event of a change of operator, is obliged to inform the receiving Party about the existing Contract with Szallas.hu Zrt. If Szallas.hu Zrt. does not object within 5 working days of receipt of the notification, it shall be deemed to have consented to the transfer of the Contract with the Partner to the new operator. In this case, or in the case of consent given by Szallas.hu in any other way, the date of the transfer of the Contract shall be deemed to be the date on which the changes are made in the Administration Interface, which allow the change of the operator of a given accommodation (and the billing information of the new operator) to be established. With regard to open (not yet realized) Reservations, the amounts paid by Szallas.hu Zrt. to the previous operator under the Contract up to the date of transfer shall be deemed to have been paid to the new operator for the purposes of the Contract; the new operator may not claim these amounts from Szallas.hu Zrt. and/or the Guest. As a consequence of the transfer of the Contract, the new Operator shall be liable for the payment of Commissions, Online Payment Service Fees and other fees for the Reservations made during its operation (not yet paid by the previous Operator). The Partner shall ensure that it informs the new operator of all existing Contracts, with the termination of any elements of the Contracts that are not to be continued being the responsibility of the Partner as the old operator (gold/silver). In the event of a change of Operator, the Partner as the old Operator shall be obliged to settle the invoices issued in its name for the Reservations made during its operation and to pay the Commission, Online Payment Service Fee and other fees for the Reservations made during the management of the new Operator, if (i) and until the modifications necessary for the change of the operator of the given accommodation are made in the Administration Interface based on the approval of Szallas.hu Zrt.; or (ii) the Partner's Agreement has not otherwise been transferred to the new operator. Any breach by the Partner of the provisions of this clause shall constitute a serious breach of contract.

109.        Szallas.hu Zrt. will publish any amendment to these GTC or the Commission Rules on the Szallas.hu Platform, including the https://szallas.hu/ website, with a notice at least 15 days before the change comes into force. Any mistakes in the text of the GTC, grammatical errors, or clarification of the use of terms, renaming of terms, as well as the correction of the provisions related thereto (including the specification of the content) shall not constitute an amendment to the GTC. Nor does it constitute an amendment of the GTC if Szallas.hu Zrt. corrects data concerning itself. The communication or publication of the GTCs corrected as referred to herein, as well as the communication or publication of the amended or supplemented GTCs in cases where the amendment or supplementation was required by a change in legislation and/or an official act, may be shorter than the 15-day period otherwise applicable in the GTCs. The Partner expressly acknowledges and accepts this.

110.        If the Partner does not terminate the Agreement (or, if the amendment concerns a part of the Agreement which is severable and independently terminable, only that part) within 15 days of the publication of the amendment, it shall be deemed to have accepted the amendment. The notice of termination shall clearly and expressly state that the Partner terminates the Agreement (or, if the amendment concerns a part of it which is severable and independently terminable, only that part).

111.        Upon termination of the Contract for any reason, the Parties shall promptly settle their accounts with each other. After the termination of the Agreement for any reason, Szallas.hu shall make all of the Partner's Offers unavailable on the Szallas.hu Platform and, to the extent managed by it, on the Other Platforms. Szallas.hu Zrt. shall retain the information shared by the Partner on the Administration Platform, information on the Offers and intellectual products (including User Content or the Partner's intellectual products) that may be used by the new operator in the event of a change of operator, and accounting documents related to the Contract until the end of the mandatory retention period specified by law.

 

XVIII      Final provisions

112.        The rights granted to Szallas.hu Zrt. in the GTC are not exclusive, they may be used together. If Szallas.hu Zrt. does not exercise the rights set forth in these GTC, this shall not be construed as a waiver of rights.

113.        Szallas.hu Zrt. shall ensure that the Partner is informed of these GTC in such a way that the current and complete text of the GTC is published on the www.szallas.hu website and the Websites, and the Partner has access to it at all times. Following the amendment, the continued use of the service shall be deemed to constitute acceptance of the amended GTC, unless notice of termination is given.

114.        Any accompanying text for the interpretation or explanation of these GTC is for information purposes only and shall not be relied upon in enforcing any right. The interpretation and assessment of the legal relationship between Szallas.hu Zrt. and the Partner, as well as any situation arising from the legal relationship, shall be based solely on the wording of the GTC.

115.        The GTC and the contract of the Parties shall be governed by Hungarian law. Hungarian courts shall have jurisdiction to settle any disputes. In case of any conflict between the foreign language version of the GTC and the Hungarian version, the Hungarian version shall prevail. In matters not regulated in these GTC, the applicable Hungarian legislation shall prevail.

116.        The Parties shall seek to settle any disputes by peaceful means. In case of failure to do so, the Miskolc District Court shall have jurisdiction to hear any disputes within the jurisdiction of the local court. In the case of litigation within the jurisdiction of the Court of Justice, the Parties shall submit to the jurisdiction of the Miskolc Court of Justice.

117.        These GTC shall remain in force from 4 February 2022 or until further amendments enter into force.

XIX   Partner Complaints handling

118.        If the Partner has a complaint, they can send it by e-mail to hotel@szallas.hu, by post to the head office or by telephone to +36 30 / 344-2001.

Szallas.hu Zrt. will immediately start investigating the complaint received through the above channels and will remedy it as necessary. It will endeavour to respond to and resolve the complaint as soon as possible, but no later than 30 days after receipt, in writing. Reasons shall be given for any rejection of a complaint.

 

XX     Data from Szallas.hu Zrt:

Szallas.hu. Ltd.

Headquarters: 3525 Miskolc, Régiposta utca 9

Postal address: 1554 Budapest, PO Box 85.

Tax number: 26721761-2-05

Bank account number: 11703006-20467874-00000000 (OTP Bank)

Partner handling: +36 30 / 344-2001

Customer service: +36 30 / 344-2000

Invoicing: +36 30 / 344-2006

Partner handling email: hotel@szallas.hu

Customer support email: szallas@szallas.hu

Invoicing email: szamlazas@szallas.hu

Web: www.szallas.hu

Administration interface: http://admin.szallas.hu 

Annex 1

For certain types of accommodations outside Hungary -
- Information about different provisions

 

 

I.       Scope of the Annex

1.       In the case of accommodations in Croatia, Poland and Austria (hereinafter referred to as "Accommodation Abroad"), the provisions of the GTC shall apply together with the different provisions set out in this Annex, irrespective of the nationality or residence of the Partner.

2.       The different provisions in this Annex shall modify the clauses of the GTC relating to the original provisions mutatis mutandis. The parts of the GTC not covered by this Annex shall apply to the Partner unchanged.

3.       Capitalised terms not defined in this Annex shall have the meaning given to them in the GTC. With respect to the Accommodation Abroad, Commission shall mean the commission for the country in which the Accommodation Abroad is located as set out in the Appendix to this Annex.

II.     Reservations

The following provisions are added to Chapter VII of the GTC.

4.       In the case of an Accommodation Abroad, the Partner may choose to use the real-time booking system (which is subject to the general provisions of the GTC) or the confirmation-based booking system (hereinafter referred to as the "Confirmation System") at the time of registration or subsequently in the Administration Area.

5.       In the case of the Confirmation System, after the User sends in a request for a reservation, Szallas.hu Zrt. sends an automatic e-mail message to the User with the subject of "reservation request" on behalf of the Partner, which message cannot be considered as a confirmation of the reservation. If the reservation request made by the User is accepted by the Partner (directly through the administration interface or indirectly by agreement with Szallas.hu Zrt.), after acceptance, Szallas.hu Zrt. will send an automatic confirmation e-mail to the User, which will establish the Reservation and the contract between the Partner and the User. If the Partner rejects the User's Reservation request, Szallas.hu Zrt. is entitled to offer the User other accommodation options.

6.       In the case of using the Confirmation System, the Partner is obliged to respond to all reservation requests made on the Szallas.hu Zrt. system within 1 working day in order to enable Szallas.hu Zrt. to respond to the User within the agreed deadline. In the event of failure to comply with this obligation, Szallas.hu Zrt. shall be entitled to automatically reject the User's request without prior notification of the Partner and without his/her consent, and to offer the User other accommodations. Szallas.hu Zrt. considers it of utmost importance that Users receive a timely response and confirmation after their reservation, as this ensures an increase in the number of Guests for the Partner.

7.       If the Partner contacts the User with an offer other than the booking instead of the confirmation, this shall be deemed as a rejection of the original booking made by the User and the initiation of a new booking. If the (new booking) offer is accepted by the User, the Booking and the contract between the Partner and the User shall be concluded, and Szallas.hu Zrt. shall be entitled to a commission based on the content of the offer.

III.  Payment terms

The following provisions are added to Chapter XI of the GTC.

8.       With the exception of accommodations located in Poland, the Partner may not pay the commission for a Reservation for a Foreign Accommodation in cash to Szallas.hu Zrt. For accommodations in Poland, the commission can only be paid in cash to Szallas.hu Zrt. at the following address: Wspólna 56, 00-687 Warszawa.

IV.   Online Payment Service

The following provisions are added to Chapter XII of the GTC.

9.       In the case of a Foreign Accommodation, the Online Payment Service is only available as a payment option if the Partner has received special information from Szallas.hu Zrt.

10.    In the case of accommodation abroad, the Guest may not pay by SZÉP Card.

V.     Breach of the Treaty

The following provisions are added to Chapter XVI of the GTC.

11.    In the case of the use of the Confirmation System, in addition to the cases indicated in the GTC, a serious breach of contract shall be deemed to have occurred if the Partner fails to provide feedback within the time limit set for this purpose on at least two occasions.

VI.   Other provisions

12.    If a Partner has a complaint, they may submit it by e-mail, by post to the head office or by telephone using the following contact details:

·         In English: info@revngo.com / +36 20 890 3150

·         In German: info@revngo.de / +43 72 090 2360

·         In Croatian: info@revngo.hr / +385 1 775 7113

·         In Polish: partner@noclegi.pl / +48 73 208 1078

13.    In case of an Accommodation Abroad, commission should be transferred to these bank accounts:

·         For accommodations in Croatia:

o OTP banka d.d. Hrvatska

o IBAN: HR1224070001100503249

o SWIFT: OTPVHR2X

·         For accommodations in Poland:

o Nazwa banku : Citi Bank Handlowy

o Number rachunku : 86 1030 1508 0000 0008 1900 9000

·         For accommodations in Austria:

o Citi Bank Austria EUR

o IBAN: AT671814000708733008

o SWIFT: CITIATWX

14.    The information and documents referred to in the references to the GTC can be found at "https://revngo.com" for English, "https://de.revngo.com" for German, "https://noclegi.pl" for Polish and "https://hr.revngo.com" for Croatian.

15.    The Szallas.hu Zrt. shall convert the claims specified in the GTC in HUF into EUR according to the official exchange rate of the Hungarian National Bank at the time the claim arises.