GENERAL TERMS AND CONDITIONS

1. Introductory provisions:

2. These General Terms and Conditions ("GTC"), including the additional conditions set out in the annexes for accommodations in certain countries, together with the Individual Terms and Conditions and the Additional 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. (“Service Provider) and the Partner for the services provided by the Service Provider to the Partner (the "Services"). Different additional terms and conditions included in the annex to the GTC may apply to accommodations in different countries.

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

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 7) 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 8) 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.

2. Concepts:

Concepts in this clause may be accompanied by additional terms in the Annex.

Some important concepts defined below shall have the following meanings in the GTC:

3. Registration, conclusion of the Contract 

4. The Contract between the Service Provider and the Partner for the Basic Services is concluded by the Partner registering on the Platform partner registration website and accepting these GTC and ACTS, the acceptance of which is mandatory (if any). The Service Provider 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 the Service Provider under these GTC.

5. During the registration process, the Partner shall register all the accommodation facilities it operates and wishes to publish in the Service Provider’s online reservation system, in addition to providing the data requested by the Service Provider

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

7. 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 Reservations 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 the Service Provider when the Partner orders the given advertising service from the Service Provider by e-mail or in another manner specified in the given Media Offer.

8. 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.

9. The contract and all its elements are concluded online, the Service Provider does not store or post them on paper.

10. The Partner 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 the Service Provider.

11. The Service Provider 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. 

4. Administration Interface

12. Certain Specific Terms of the Partner'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. 

13. 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. 

14. 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.

15. 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.

16. The Service Provider will take reasonable care to ensure that unauthorized third parties cannot modify the content of the public data uploaded by the Partner.

5. Online Platform Service

17. The Service Provider enables the Partner, within the framework of the Online Platform Service, to use the Service Provider 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. The Service Provider is not subject to any contract or legal relationship between the Guest and the Partner. The Partner shall pay the Service Provider a commission for the Online Platform Service (pursuant to clause X).

18. With regard to the Online Platform Service, the relationship between the Partner and the Service Provider 6:293 - 6:301 § of the Civil Code, on the basis of which (i) the Service Provider, 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 the Service Provider do not constitute payment services with regard to Article 6 (4) b) of Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises, as the Service Provider 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). 

19. The Partner acknowledges and accepts that the Service Provider 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 the 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 Platform to the number of Reservations ("Conversions"), the number of Reservations, the cancellation rate, the score of the Guest Reviews, 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, booking rate, guest 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.

20. 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.

21. The Partner expressly authorizes the Service Provider 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 the Service Provider. To appear on Other Platforms, other than the Platform, the policies of the respective Other Platform shall also apply to the publication. 

22. The Service Provider is entitled, but not obliged, to make the Offer available in a foreign language. If the Service Provider 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 the Service Provider shall be displayed in the respective language. The Service Provider is entitled to provide a foreign language presentation containing only the relevant elements of the Offer. Such foreign languages may include 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.

23. The Service Provider is entitled to organize a "Sweepstakes" or "Promotion" in connection with the Service. The Service Provider and the Partner may conclude a separate or supplementary agreement on this.

24. The Partner acknowledges and accepts that the Service Provider 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 the Service Provider in accordance with the criteria set by the Service Provider. The Recognition Titles may be used by the Partner within the time frame determined by the Service Provider. 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.

25. The Partner shall ensure that they can be contacted by the Service Provider at the telephone or e-mail contact details provided to the Service Provider for consultation, contact or quality assurance purposes. The Partner undertakes to provide the Service Provider 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 the Service Provider at the latest. A repeated breach of the above contact and data provision rules shall be considered a serious breach of contract.

26. The Service Provider 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. 

27. The Partner is obliged to notify the Service Provider of any problem or circumstance that arises due to a reason in the Partner's interest and temporarily or permanently affecting or preventing the service provided to the Guest or the cooperation, the communication with the Service Provider, the use of the Platform or that of the Administration Interface (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.

28. The Partners are prohibited from using any systems or solutions that may interfere with the Service, Platform or the servers used for the operation of the Administration Interface, or which otherwise endanger the intended operation of the Platform.

29. The Service Provider reserves the right to modify or discontinue any Intellectual Property Product and/or any element of the Service on the Platform at its sole discretion.

30. The operation of the whole or certain parts of the 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 Platform on the basis of the Terms of Use of the Platform and the Data Management Information. The Partner declares that they are familiar with and comply with the Terms of Use and the Data Management Information of the Platform available on the websites and that they will continuously monitor changes to these Terms of Use and Data Management Information.

31. The Partner 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 Reservations as indicated in the Offer, up to the available capacity (dates and places) indicated therein.

6. The Partner's Offer

32. The Partner 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.

33. 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 the Service Provider 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, the Service Provider 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.

34. The Service Provider 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. The Service Provider does not undertake any obligation to adapt the Offers in accordance with the applicable legal provisions. The Service Provider may omit or reformulate data that violate the provisions of the Contract.

35. The Service Provider 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.

36. 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. 

37. In order to avoid that the Partner uses the services of the Service Provider 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 the Service Provider 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:

    1. 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 formally circumvent the undertaking to provide price identity). 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.

    2. If the Partner does not specify its prices in Hungarian forints in its own offers, but also indicates them in Hungarian forint equivalents, they shall calculate the Hungarian forint equivalent in accordance with the previous day's MNB central rate in order to comply with the Price Identity ("Forint Equivalence").

    3. 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 Platform at a given time for a given Offer as on any other site. (“Capacity Identity”)

38. The Partner 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 Partner's services at least once as a member of the Closed Consumer Groups.

39. If the Service Provider itself has a Closed Consumer Group, it will inform the Partner accordingly. The Service Provider 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.

7. Reservation

The terms and conditions set out in this clause may be completed by additional terms and conditions in the Annex.

40. At the time of registration or subsequently in the Administration Interface, the Partner may choose to use either the real-time booking system (hereinafter referred to as the "Real-Time System") or the confirmation-based booking system (hereinafter referred to as the "Confirmation System") 

41. In case of a Real-Time System, Users can make immediate reservations on the Platform for available dates set and kept up to date by the Partner, at the prices and conditions displayed in the Partner's Offer with regard to the Offers uploaded by the Partner at any given time. The Partner is responsible for keeping the data displayed on the 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. In the case of the Confirmation System, after the User sends a booking request, the Service Provider sends an automatic e-mail message to the User with the subject "reservation request" on behalf of the Partner, which message is not considered as confirmation of the booking. If the Partner accepts the booking request made by the User (directly through the administration interface or indirectly in consultation with the Service Provider), the Service Provider will notify the User by an automatic e-mail message, which will establish the Reservation and the contract between the Partner and the User. If the Partner refuses the User's booking request, the Service Provider is entitled to offer the User other accommodation options.

44. If the Partner contacts the User with an offer other than the booking request instead of a confirmation, this shall be considered as a rejection by the Partner of the original booking request made by the User and the initiation of a new booking. If the (new booking) offer is accepted by the User, the Reservation and the contract between the Partner and the User are concluded, and the Service Provider is entitled to a Commission based on the content of the offer.

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

46.  If an Offer was published at an incorrect price with a numerical error and it is clearly recognisable to the User, and the Reservation was made at this incorrect price, the Partner shall be entitled, with the consent of the Service Provider, to reject the resulting Reservation. The Service Provider is also entitled to cancel the Reservation made at an incorrect price. The party who initiates the cancellation of the Reservation shall inform the Guest of the cancellation and the reason for it, as well as the other party (Service Provider or Partner). Any deposit or other charges already paid during the Reservation will be refunded to the Guest.

8.  Reservation completion

47. In the event of a connection outside the 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 the Service Provider 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.

48. The Partner shall immediately notify Service Provider 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.). 

49. 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 the Service Provider. The Partner is obliged to indemnify the Service Provider against all claims, costs and damages incurred against the Service Provider in connection with the above. This provision shall also apply in the event that the Partner has a real-time booking system and 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.

The Partner agrees that if the Partner fails to fully indemnify or compensate the Guest within 7 working days of the occurrence of the event, the Service Provider may (at its own discretion) pay the compensation to which the Guest is entitled on behalf of the Partner and invoice the Partner the amount of the compensation.

50. If, based on the Guest's information, the Partner is not available through the contact details provided and the Service Provider is unable to contact them in writing and by telephone within 7 days, the Guest has the right to withdraw from the Reservation without penalty.

51. The Service Provider shall not be liable for any damage caused by the Guest to the Partner 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.

52.  If the Guest has paid the deposit for the Reservation directly to the Partner and the deposit or part of it is to be returned to the Guest due to any failure of the Reservation, the Partner shall repay the deposit directly to the Guest immediately upon the failure, but no later than 7 days after the failure. The amount to be repaid may not be reduced by any bank or other transaction costs incurred by the partner in making the repayment.

9. Relationship of the Service Provider with Users and Guests

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

54. The Service Provider has the right to contact the User or 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 Platform.

55. The Service Provider is entitled to contact the Guests in order to:

    1. inform the Guest of the existence of the contract between the Guest and the Partner and of the obligations arising from it;

    2. provide information on the use of the accommodation service;

    3. consult them for information about their reservation and the services.

56. After the successful completion of the Reservation, the Service Provider 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 the Service Provider is entitled to publish the Guest's opinion by filling out the online questionnaire, which is part of the 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 Service Provider’s 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.  The Service Provider will only check the User Content if it is brought to its attention of objectionable content. The Partner acknowledges that the Service Provider 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.

57. The Service Provider is not obliged, but entitled, to contact the Partner in connection with complaints reported by the Guest and to investigate the Guest's report.

10. Commission 

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

59. The Service Provider is entitled to the commission if:

    1. the Reservation has been successfully realized; 

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

    3. the Partner mistakenly or negligently fails to provide actual and true information through the Administration Interface;

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

    5. 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;

    6. the contract between the Partner and the Guest is amended by omitting the Service Provider’s system.

60. Net Commission basis:

    1. for points 59(a) to (d), the total gross consideration for the Reservations (including supplementary services, provided meal type); and

    2. for points 59e) 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).

61. The Commission rate is determined based on the location and category of the accommodation; the Commission rate will be published in the Additional Terms and Conditions for the country where the accommodation is located. The rate of the Commission is accepted by the Partner during the registration process, about which the Service Provider 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 the Service Provider is subject to the rules of the modification of the GTC as set out in clause XVI.

62. 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 the Service Provider will not receive any commission. If the Guest has not cancelled the Reservation via the customer service of the Service Provider 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 the Service Provider by the Guest's cancellation declaration. Commission reconciliation shall take place via the Administration Interface (Billing / Szallas.hu (or RevNGo) reconciliation).

63. 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, the Service Provider 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 the Service Provider

11. Payment terms

The terms and conditions set out in this point may be accompanied by additional terms and conditions in the Annex.

64. The Service Provider 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 the Service Provider in writing that they do not wish to receive an electronic invoice, the Service Provider will issue a paper invoice.

65. Payment of invoices is made by bank transfer, credit card or – if the additional conditions for the country in which the accommodation is located allow it – cash. Payment by bank transfer shall be made to the bank account number specified in point XIX of these GTC. The Service Provider 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 the Service Provider (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).

66. The Partner is obliged to pay the Commission and other fees to the Service Provider by the deadline indicated on the respective invoice. The Commission and other fees shall be deemed paid on the date of crediting the amount on the Service Provider's account. 

67. In order to prepare and verify accurate accounts, the Partner undertakes to allow the Service Provider 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 the Service Provider.

68. In the event of a breach of payment obligations towards the Service Provider, the provisions of Section XV shall apply.

69. 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. The Service Provider will examine and decide on its acceptance within five working days. If the Service Provider does not accept the invoice complaint, the Partner may take legal action in accordance with these GTC.

12. Data protection, confidentiality and protection of privacy

70. The Service Provider 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 rationally 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.

71. 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."), the Service Provider and the Partner are independent data controllers, and providing the Guests with appropriate data protection information is the independent responsibility and obligation of the Service Provider and the Partner. The Service Provider 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). The Service Provider and the Partner agree that the Service Provider 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. The Service Provider 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 the Service Provider against any claims and damages arising from the Partner's breach of these data protection provisions.

72. 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 the Service Provider 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. The Service Provider is not obliged to verify the existence of such information. The Partner shall be liable for and shall indemnify the Service Provider against any claims and damages arising from the Partner's breach of the above provisions.

73. The legal basis for data processing is the fulfilment of rights and obligations arising from the Contract between the Service Provider 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 the Service Provider regarding their data processing needs at the email address hotel@szallas.hu.

74.  Scope of personal data processed: 

    1. user name, password, telephone number, and an 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;

    2. 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;

    3. 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;

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

75. 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 the Service Provider, 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 the Service Provider. The Service Provider 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.

13. Copyrights

76. All content that is published on the Platform (including design, layout, graphics and other visual elements, materials, software and other solutions used, ideas, their implementation) is the exclusive intellectual property of the Service Provider ("Intellectual Property"), except for (i) content uploaded by the Partner; (ii) User Content; and (iii) the trademarks and other content of indicated 3rd parties other than the Service Provider. 

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

78. 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 the Service Provider 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 the Service Provider 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. 

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

14. Additional warranties, limitation of liability

80. 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 so 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. 

81. The Service Provider. 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.

82. The Service Provider provides the Service in a given state ("AS IS"), the Service Provider 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, the Service Provider 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).

83. In accordance with the above, the Service Provider 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.).

84. In no case and for any reason whatsoever shall the Service Provider '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.

15. Breach of the Contract

The terms and conditions set out in this clause may be accompanied by additional terms and conditions as set out in the Annex.

85. The Partner shall pay the consideration for the Services by the payment deadline indicated on the invoice issued by the Service Provider. In case of late payment, the Service Provider (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.

86. If the Partner is 4 days late with respect to the payment deadline indicated on the invoice (the Annex may set a different deadline), the Service Provider is entitled:

    1. 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 the Service Provider is entitled to display relevant, alternative offers from other partners; 

    2. to suspend the display of all of the Partner's Offers on the Platform and/or the Other Platforms. 

87. In the event of a payment delay exceeding 30 days, the Service Provider is entitled to enforce its claim by any legal means, or to assign it to another party. The Service Provider 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, the Service Provider may claim an amount of 40 EUR, determined on the basis of the official middle exchange rate of the Bank of Hungary (MNB) on the date of the delay, as coverage for the costs of collecting the claim (collection cost rate). In addition, the Service Provider is also entitled to reimbursement of the costs of enforcing its claim, if they exceed the cost management fee paid.

88. The Service Provider 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. The Service Provider 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 the Service Provider. The Service Provider 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.

89. In case of the Partner's delay in payment, the Partner may request a deferral of payment from the Service Provider, and in case of acceptance and fulfilment of the specific conditions set by the Service Provider, 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 the Service Provider grants a deferment of payment, it shall do so in any case subject to the reservation of its rights.

90. 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, the Service Provider 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:

    1. 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); 

    2. 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);

    3. the Partner charges a higher price than the one indicated in the Reservation;

    4. 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);

    5. 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 booking);

    6. the Service Provider 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;

    7. any person acting on behalf of the Partner demonstrates inappropriate, offensive or unprofessional behaviour towards the Guests or the staff of the Service Provider;

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

    9. the Offer cannot be fulfilled for technical or scope reasons;

    10. the Offer has been formally or informally objected to by a public authority;

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

    12. the Partner breaches the warranty provisions of the GTC or repeatedly breaches any provision of the GTC;

    13. the Partner has an outstanding debt with the Service Provider; or; 

    14. 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;

    15. 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.

p.) in the case of a booking system based on confirmation, if the Partner fails to provide feedback within the time limit set at least twice.

91. The Partner shall indemnify the Service Provider against all claims, damages and costs arising from the Partner's breach of contract and reimburse the Service Provider for them.

16. Duration, termination, amendment of the contract

92. 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. 

93. The Contract shall be terminated:

    1. by mutual agreement of the parties;

    2. by ordinary termination;

    3. by extraordinary termination;

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

94. 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 the Service Provider 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. 

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

96. The Service Provider 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. The Service Provider 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. 

97. 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 the Service Provider 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 the Service Provider. If the Service Provider 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 the Service Provider 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 the Service Provider 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 the Service Provider and/or the Guest. As a consequence of the transfer of the Contract, the new Operator shall be liable for the payment of Commissions and 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 Commissions and 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 the Service Provider; 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.

98. The Service Provider will publish any amendment to these GTC on the Platform, 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 the Service Provider 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.

99. 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). 

100. 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, the Service Provider shall make all of the Partner's Offers unavailable on the Platform and, to the extent managed by it, on the Other Platforms. The Service Provider shall retain the information shared by the Partner on the Administration Interface, 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.

17. Final provisions

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

102. The Service Provider 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 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.

103. The information and documents referred to in the references to the GTC can be found at "https://www.szallas.hu" for Hungarian, "https://revngo.com" for English, "https://de.revngo.com" for German, "https://hr.revngo.com" for Croatian and "https://noclegi.pl" and "https://nocowanie.pl for Polish languages.

104. 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 the Service Provider and the Partner, as well as any situation arising from the legal relationship, shall be based solely on the wording of the GTC.

105. The GTC and the contract of the Parties shall be governed by Hungarian law. Hungarian courts shall have jurisdiction to settle any disputes. In matters not regulated in these GTC, the applicable Hungarian legislation shall prevail.

106. 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.

107. These GTC shall remain in force until further amendments enter into force or until the GTC is repealed.

18. Partner Complaints handling

108. If the Partner has a complaint or observation, they can send the complaint or observation by e-mail, by post sent to the head office or by telephone using the following contact details:

• For Hungarian language:

a) hotel@szallas.hu – Partner Management Team - +36-30-344-2001

b) szamlazas@szallas.hu – Invoicing - +36-30-344-2000

c) szallas@szallas.hu – Guest Management - +36-30-344-2006

- For English language: info@revngo.com / +36 20 890 3150

- For German language: infor@recngo.de / +43 72 090 2360

- For Croatian language: infor@revngo.hr / +385 1 775 7113

- For Polish language: partner@noclegi.pl / +48 732 081 078

109. The Service Provider 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. 

19. Data from the Service Provider:

Szallas.hu. Zrt. (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)