Terms and conditions
Service provider (operator of the webshop): Budapest Gyógyfürdői és Hévizei Zrt.
Address: 1034 Budapest, Szőlő utca 38.
Customer service: +361/452-45-69
Tax number: 12165814-2-44
Company registration number: 01-10-043152
Bank account number: OTP Bank Nyrt. 11713005-20352457
Storage provided by: Web200 Internet Média Kft. (Address: 7400 Kaposvár, gr. Apponyi A u. 17., e-mail: email@example.com)
Through the webshop available on the http://www.spasbudapest.com/ site (further on: webshop), by purchasing the tickets available in the webshop the purchasing person (further on: Client) is automatically accepting the present General Terms and Conditions (further on: GTC) and accepts it as obligatory. The acceptance of the GTC is the condition of ordering through the webshop and concluding the contract.
If the Client does not wish to accept the conditions specified in the present GTC, then instead of the ordering through the webshop he is entitled to contact the Service provider’s customer service who are informing him about the other contract-concluding possibilities.
I. Functioning of the webshop and steps of concluding the contract
1.) In the webshop one can purchase the entry tickets valid for the baths (further on: bath) operated by the Service provider. The price specified on the entry tickets means the purchasing price which contains the VAT, too. The Service provider reserves the right to modify the price of the entry tickets so that the modification comes into force simultaneously with the appearance on the webshop.
2.) Only those natural entities can proceed as Clients who are capable to act on their own behalf or as the representative of a legal entity or other organisations that are not legal persons.
3.) In the Webshop the Client can get information about the entry tickets even without ordering. The website shows the names of the entry tickets, the price, the temporary discount, short presentation and eventually a photo. Service provider declares that the pictures shown in the website are illustrations only.
4.) The Contract between the Service provider and the Client related to the purchasing of the ticket is being concluded for a certain period, the duration will last for the period of using the entry ticket.
5.) The Service provider does not have a behavioural code according to the 2008/XLVII act on the prohibition of the incorrect commercial practice against the consumers.
6.) In the first step the Client may select the Bath, the date and the type and quantity of tickets he intends to buy. If he is choosing a ticket that entitles to some discount, he is obliged to prove the right to the discount before entering the bath. If he can not prove the right to the discount when entering, then the discounted price will be reimbursed in 14 days from taking it back. In case of reimbursement the Service provider will apply the same payment method identical with the one applied during the original transaction. The selected entry ticket can be purchased as follows:
a.) By clicking on the “Cart” the Client can start the ordering process.
b.) Then in the pop-up window the Client can decide on purchasing further tickets or on purchasing the tickets he had already chosen.
c.) If the Client has ended the selection of the entry tickets, by clicking on the „Order” button, he can proceed further.
d.) Then the Client can check the content of the cart meaning all the tickets intended to buy then he can move on by clicking on the „Got to personal data”.
e.) After specifying the personal data he can proceed by clicking on the “Further” button. Registration is automatic during the purchase. From here the Client is entitled to move ahead in the ordering process if he confirms that he has accepted the present GTC and the Data Protection Statement.
f.) The Client can again check the content of the cart and the personal data then he can launch the purchase with the “Payment” button.
g.) The system is redirecting the Client to the internet-based payment site of the OTP Bank Nyrt. (SimplePay) where the Client needs to provide the bank card details and has to click on the “Payment” button. After checking the card that is going to be debited the Client can finish the payment transaction. Then the OTP Bank’s internet-based payment site redirects him onto the Service provider’s site where he can print out the tickets and download the invoice (pdf). Then immediately but in maximum 48 hours from the receipt of the order by the Service provider the registration e-mail and the confirmation e-mail is being sent to the e-mail address provided by the Client. The registration and the confirmation e-mail are automatic, the latter is recording the acceptance of the order by the Service provider. (If the confirmation e-mail does not arrive to the Client in 48 hours after its receipt by the Service provider, then the Client is exempted from the offer’s obligation.) The confirmation e-mail will be accompanied by the tickets in jpg and pdf format, too and the e-mail will contain the link required to download the tickets and the invoice.
7.) After setting up the cart the Client can subsequently modify the cart, but only prior the payment. Client is not entitled to unilaterally modify the order (purchase).
8.) The contract between the Client and the Service provider is being concluded through the confirmation of the contract by the Service provider.
9.) The purchased ticket will be printed out in each case and presented at the bath.
10.) The established contract is not considered a written contract, it is not being registered, it can not be accessed subsequently. The existence of the contract is proved by the electronically saved purchasing data that are kept by the Service provider for the period specified in the accounting and taxation law. The contract is being concluded in Hungarian, the contract can not be concluded in another language.
11.) Service provider is entitled to reject the order or cancel the already confirmed orders if he has a reason to suppose that the Client has breached the provisions of the present GTC respectively intends to use the webshop in a way that enables deception or misuse.
12.) Pursuant to the paragraph 29. § (1) I.) of the 45/2014 (II.26.) Government decree on the detailed rules of the contracts between the consumer and the company (further on: Decree) the Client is not entitled to cancel the order, as the contracted services are leisure activities and there is a certain fulfilment date or deadline in the contract, so the consumer can not exert his cancellation / resignation right.
III. Liability, data management and miscellaneous provisions
13.) In case of the order through the webshop the Service provider presumes the Client knows the basics of using the internet.
14.) Service provider is never liable for the below-listed circumstances, facts, regardless the cause of their appearance:
- for the data errors sent and/or received through the internet, that do not derive from the Service provider;
- for any technical error (such as the failure of internet service or power shortage, etc.) that hinders the functioning of the webshop, the purchase respectively the transaction;
- for any loss of data;
- for the delay or error due to any technical reason that is beyond the Service provider (e.g. the order is being delivered late to the Service provider, or the confirmation e-mail is arriving late to the Client, etc.);
- for the improper functioning of any software applied in the process and for the related consequences;
- for the consequences of the program error, extraordinary event or technical failure within the service providing system.
15.) Service provider is not liable in any form for the erroneous fulfilment deriving from the wrong data provided by the Client.
16.) The information, parameters, pictures, prices and data shown in the webshop are informative. Service provider is not liable for the eventual errors, he reserves the right to modify the prices.
III.2. Data management, data protection
17.) Data management information: Service provider (further on within the present paragraph: data manager) shall handle all the personal data received during the operation of the webshop and the fulfilment of the contract established with the Client (further on within the present paragraph: concerned party) according to the provisions of the 2011/CXII act on informational self-determination and freedom of information (further on: „Infotv.”) and the 2001/CVIII act on certain issues of electronic commercial services and the services related to the IT society (further on: „Ektv.”).
18.) Basic notions:
Concerned party: any natural entity defined or identified – directly or indirectly - by a certain personal data.
Personal data: the data that can be related to the concerned party – especially the concerned party’s name, identification number and one or more data on his/her physical, physiological, mental, economic, cultural or social identity – as well as the conclusions related to the concerned party that can drawn from the data.
Data manager: the natural or legal entity respectively the organisation without legal personality that either individually or together with others define the purpose of the data-management, takes the decisions related to the data management (including the used tool) and carries them out or makes them fulfilled with the data processor.
Data management: any technical operation or the operations performed on the data regardless the applied procedure, with special regard to their collection, recording, systemising, storage, modification, utilisation, querying, forwarding, publication, harmonising or connecting, blocking, deletion and destruction and the prevention of further utilisation of the data, preparation of pictures or footage and recording of physical characteristics (e.g. fingerprints or palm prints, DNS sample, iris image) suitable to identify the person.
Data processor: the natural or legal entity respectively the organisation without legal personality that – based on a contract, including the contract concluded based on the legal provision – deals with data processing.
19.) Purpose of the data processing:
a.) Establishing the contract aiming at the fulfilment of the order between the data manager and the concerned party, fulfilment of the orders, forwarding them to the client, enforcing the claims deriving from the orders.
b.) Invoicing the fees deriving from the contract.
c.) Registration, making the order smooth, in order to have subsequent access for the concerned party to the order’s data.
d.) Sending newsletter for those interested.
20.) Legal base of data management:
a.) Voluntary approval of the concerned party (Infotv. 5. § (1). a)) on condition that he provides his data that are definitely required for the order.
b.) Mandatory data management pursuant to the provisions of the 2000/C act on accounting.
c.) Voluntary approval of the concerned party (Infotv. 5. § (1). a)) on condition that he gets registered at the portal or during the ordering process he signals that he would like to get registered.
d.) Voluntary approval of the concerned party (Infotv. 5. § (1). a)) so that on the website he subscribes for the newsletter or during the ordering process he signals that he would like to receive newsletters.
21.) Group of handled data:
a.) Invoicing name and address. E-mail address to where the ordered tickets are being sent. Date of order.
b.) Invoicing data.
c.) Log-in name. Invoicing name and address. E-mail address. Data of previous orders.
d.) Name and e-mail address.
22.) Duration of the data management:
a.) The data manager will handle the data of the concerned party for 5 years from the date of purchasing since this is the period when legal disputes may arise between the data manager and the concerned party. Beyond this date if there is a legal obligation arising in connection with the service, then the data manager will handle the data as along as the legal obligation is on (Infotv. 6. § (5) a)).
b.) The data manager shall keep the data for 8 years defined in the accounting law.
c.) The data manager is handling the data till the withdrawal of the approval, but for maximum 5 years after the registration respectively the last purchase. The withdrawal of the approval can be realised by the concerned party, by deleting the registration.
d.) The data manager is handling the data till the withdrawal of the approval. The withdrawal of the approval can be realised by the concerned party by clicking on the subscription link found at the end of the sent newsletter.
23.) The person entitled to perform the data management and the data processing:
The data manager is using a data processor for the operation of the website, the operator of the website is the Web200 Internet Média Kft.
24.) The following parties are entitled to know the data:
The data can be accessed by the employees of the data manager who are dealing with the recording and invoicing of the orders, who are handling the order-related complaints, who are performing the checking of the work respectively the legal counsellors of the data manager where this is definitely needed for their work.
The data can be accessed by the data processor’s employees who perform operational tasks if they definitely need this for their work.
And the concerned party is also entitled to know the data that are handled by the data manager. The concerned party can enforce this demand through the data manager’s postal or e-mail contact specified in the present GTC.
25.) The concerned party’s rights related to the data management as well as the legal remedies:
The concerned party can ask for information about the management of his personal data, he may also ask for the correction of the personal data, and – except for the mandatory data management – their deletion or blocking.
The concerned party may object against the management or forwarding of his personal data if he thinks that the data management takes place exclusively in the interest of the data manager or other parties – except for the mandatory data management – respectively when it takes place with direct-marketing or researching purpose, and in other situations specified by law. The data manager will in 15 days investigate the request and will inform the concerned party in writing about the decision.
If the concerned party is complaining about the data manager’s data managing practice, then
- he can contact the data manager through the postal or e-mail address specified in the present GTC
- he may contact the National Data protection and freedom of information authority (address: 1125 Budapest, Szilágyi Erzsébet fasor 22/c., e-mail: firstname.lastname@example.org, website: https://www.naih.hu/ )
- he can contact the court (website: http://birosag.hu/torvenyszekek )
26.) Data management1s registration number: NAIH-53764/2012.
IV. Implied warranty, product guarantee, warranty
27.) In case of the Service provider’s wrong fulfilment the Client can enforce an implied warranty claim against the Service provider according to the rules of the Civil Code.
28.) The Client – at his discretion – may refer to the following implied warranty claims:
a) may require correction or replacement, except when the fulfilment of the chosen implied warranty right can not be met or if it would cause a disproportionate extra cost for the Service provider – by comparing it to the fulfilment of another implied warranty claim; or
b) he may ask for the proportionate discounting of the counter-service, he may correct the error at the Service provider’s expense or may have corrected with somebody else or may cancel the contract, if the Service provider did not assume the correction or the replacement, he can not fulfil this obligation by considering the thing’s characteristics and the purpose expectable by the Client – within a proper timeframe, by sparing the Client’s interests; or if the entitled party’s interest in the correction or the replacement has terminated. It is not possible to cancel due to insignificant errors.
The Client can change from his implied warranty right to another one. He shall pay the Service provider the cost caused by the change, except when the Service provider has given reason for the change or the change was justified otherwise.
After the discovery of the error the Client will with no delay notify the Service provider about the error. The errors told in two months from the discovery shall be considered notified without delay. The Client shall be liable for the damages caused by the late notification.
The product liability corresponding to the rules of the Civil Code and the guarantee rules of the 151/2003. (IX.22.) Government decree are not applicable for the entry tickets sold by the Service provider.
V. Complaint handling
29.) During the handling of the complaints the Service provider shall proceed according to the provisions of the 1997/CLV act (further on: “Fgytv.”) on consumer protection. The Client can tell his complaint to the Service provider either orally or in writing, through the contacts specified in the present GTC.
30.) The Service provider is immediately investigating the oral complaint and remedies if it is required. If the Client does not agree upon the complaint handling or the complaint can not be investigated immediately, then the Service provider needs to write an immediate report about the complaint and his related standpoint according to the content pursuant to the Fgytv. and a copy
a) shall be given to the Client on the spot in case of a complaint told orally,
b) shall be sent to the Client in case of oral complaints told on the phone or through other electronic telecommunication way, till the moment when the reaction is also being sent,
c) shall otherwise proceed according to the rules related to the written complaints.
31.) The Service provider shall give a special identification number to the oral complaint told on the phone or through an electronic telecommunication service.
32.) The Service provider shall answer the written complaint in writing in 30 days from receipt and take measures in connection with the notification. The Service provider shall justify the rejection of the complaint.
33.) In case the complaint is being rejected
(i) If the complaint is related to the quality of the service, or the conclusion and fulfilment of the contract between the parties, then the Client may contact the conciliatory organisation corresponding to his domicile or residence respectively according to the Service provider’s seat (Arbitration Board of the Budapest Chamber of Commerce (Budapesti Békéltető Testület), seat: 1016 Budapest, Krisztina krt. 99. III. emelet 310., postal address: 1253 Budapest, Pf.: 10., e-mail address:email@example.com, phone: +36 (1) 488 21 31);
(ii) If the complaint is related to the compliance with the provisions contained in the 1997/CLV act on consumer protection and the law issued for its execution as well as the provisions specified by the special law as consumer protection provisions (not including the provisions related to the conclusion, validity, legal impacts and termination of the contract), then it is possible to contact the consumer protection supervisory that operates within the competent governmental organisation (the consumer protection authority corresponding to the Service provider’s seat).
VI. Other provisions
34.) The Client is fully liable for the orders made from his user’s account and through the e-mail provided to the Service provider, for the transactions made from there and the statements made there. The Client shall immediately notify the Service provider if he supposes that third parties are misusing his password or his contact details or have access to it. The Service provider is not liable towards the Client for the damages that incurred as a result that the Client revealed his password or the Client or a third party misused it.
35.) The present GTC was prepared according to the 2005/CLXIX act on commerce, the 2001/CVII act on electronic commercial services and the certain issues of services related to the information society, the 2013/V act on the Civil Code, the 45/2014 (II.26.) Government decree on the detailed rules of the contracts made between the consumer and the entrepreneur and other related valid law.
36.) The present GTC shall be valid from 30 August, 2018 for an indefined period.
37.) By ordering through the website the Client is acknowledging the present GTC and accepts it as mandatory.
38.) The Service provider is entitled to unilaterally alter, modify and/or complement the GTC – in harmony with the related valid Hungarian law. The modified GTC shall come into force on the day of publication on the site of the webshop.