General Business terms and conditions

1. Data of the Service Provider

Somogyi Korona Zrt. Hotel Kapos Seat: 7400 Kaposvár, Ady Endre utca 2. Company registration no.: 14-10-000210 Tax no.: 10354788-2-14

2. General rules

2.1. Present “General Business Terms and Conditions” regulate the use of the lodgings and related services provided by the Service Provider.

2.2. Special, unique conditions do not constitute part of the indicated General Business Terms and Conditions, but do not exclude the drawing up of special agreements with tour operators and organisers from time to time with conditions adjusted according to the type of business.

3. Contracting Party

3.1. The services provided by the Service Provider are used by the Guest.

3.2. In the event that an order for services is placed directly with the Service Provider, the Guest is qualified as the Contracting Party. The Service Provider and the Guest jointly – if the terms and conditions are met – become Contracting Parties (hereinafter Parties).

3.3. In the event that an order for services is placed with the Service Provider by a third party commissioned by the Guest (hereinafter Agent), the terms and conditions of the co-operation shall be regulated by the contract concluded between the Service Provider and the Agent. In this case, the Service Provider is not obliged to check whether the representation of the Guest by the third party is lawful.

4. The Contract, the Reservation, Modifications, Obligation for notification

4.1. Upon written or verbal inquiry by the Guest, the Service Provider makes an offer. If no order is placed within 48 hours of sending the offer, the obligation of the Service Provider to honour the offer ceases to be binding.

4.2. The Contract comes into effect when the Service Provider confirms in writing the verbal or written booking of the Guest, and as such is qualified a Contract concluded in writing. Any booking, agreement, modification or the confirmation of these by the Service Provider are not qualified as contracts.

4.3. The Contract on the use of accommodation-services covers a defined period of time.

4.3.1. If the Guest checks out prior to the end of a defined period of time, the Service Provider is entitled to the full value of the service set down in the Contract. The Service Provider is entitled to sell the available room before the contracted period of stay ends.

4.3.2. The Service Provider must approve in advance any extension of the use of the accommodation-service that is initiated by the Guest. In such instances, the Service Provider may request the payment of the fee for those services already provided.

4.4. The Contract can only be modified and/or complemented by a written agreement signed by the Parties.

5. Terms of Cancellation

5.1. Unless otherwise stated by the hotel in its offer, the accommodation-service may be cancelled without a penalty payment no later than 4pm local time on the day of arrival.

a) If the Contracting Party has not guaranteed the use of the accommodation-services by advance payment, credit card guarantees and pre-authorisation, or any other contractual way, the Service Provider’s obligation to provide services shall cease at 4pm local time on the day of arrival.

b) If the Contracting Party has committed to the use of the accommodation-services by advance payment, credit card guarantee, or any other contractual way but does not check-in until 4pm local time on the day of arrival, and does not inform the hotel about the late arrival, the Service Provider shall charge a fee set in the contract (but at least the cost of one night’s accommodation) as a penalty. In this case, the accommodation is reserved for the Contracting Party until 11am on the day following the arrival day, after which date the obligation of the Service Provider to render services shall cease.

5.2. Cancellation deadline for groups reservations or events beyond 21 days before arrival is free of charge. For cancellations 21 – 7 days before arrival we invoice a cancellation fee of 1 night, 6 – 1 days before arrival 2 nights of stay as a penalty. In case the Contracting Party does not cancel, nor show up for given services, we are entitled to invoice a penalty of up to 3 nights of stay. For orders with less than 3 nights of stay, we invoice the price of the services for the actual period of time for the accommodation.

We have a ± 10 % tolerance regarding the number of guests for events. In case of a larger change in plans, depending on the available extra staff, the hotel can accommodate the available capacity, and in case of less guests, the cancellation policy will apply.

In case of reservation of products with special terms, group arrivals or events, the Service Provider shall establish different terms set down in an individual Agreement.

6. Rates

6.1. The hotel room rates (Rack Rate) are displayed in the hotel rooms or the front office of the hotel. The price lists of other services are available at the given hotel departments (restaurant, café).

6.2. The Service Provider reserves the right to change its published rates without prior notification.

6.3. When publishing its rates, the Service Provider shall indicate the tax content of the rates (VAT, Local Tax) valid at the time of the offer in line with legal regulations. The Service Provider shall transfer all surplus burdens arising from the amendment of the prevailing tax law (VAT, Local Tax) to the Contracting Party following notification thereof.

6.4. You will find discounts, special rates and offers at www.kaposhotel.hu

7. Family Discounts

7.1. Accommodation at our hotel is free for children up to 6 years of age. Above this age, we provide an extra bed for a fee (HUF 1.500 / child) together with the parents for children up to age 12. Children above 12 must pay the full price.

8. Payment Terms, guarantee

8.1. The value of the services provided by the Service Provider are to be paid by the Contracting Party following the use of the services and prior to departure from the hotel. However, in the case of a special agreement, it may be possible to make later payment.

8.2. In order to guarantee the contractual use of the services provided and the payment of the value of those services, the Service Provider may

a) request a credit card guarantee, in the course of which the value of the ordered and confirmed service is blocked on the credit card;

b) request advance payment of the fee in part or in full

8.3. The Contracting Party can affect payment in HUF and/or

a) in any currency which is accepted by the Service Provider. The conversion and billing in this case is made applicable to the currency exchange rate used by the bank of the Service Provider on the day of the arrival of the guest.

b) the Service Provider accepts certain means of payment other than cash (credit card, travellers’ cheques, and based on a separate contract; gift certificates, vouchers, etc.), an updated list of which the contracting party shall provide on request.

8.4. Any costs related to any payment method are to be borne by the Contracting Party.

9. Terms and Conditions of Using the services

9.1. Guests may check into their rooms on the day of their arrival at 2pm (Check-in) and are required to vacate their rooms by 10am (Check-out).

9.2. Should the Guest wish to occupy the room before 6am on the day of arrival, he/she will also be charged for the previous night.

10. Pets

10.1. 9.1. Pets can generally be taken to the lodgings of the Service Provider. They can be kept in the rooms and use the common areas to access the rooms under the supervision of the Guest. Rates for pets is 30% of the cheapest hotel room.

10.2. The Guest will be held fully liable for any damage caused by his/her pet.

11. Termination of Contract, Ceasing of Obligation to Provide Services

11.1. The Service Provider is entitled to terminate the Contract for the provision of accommodation services at any time with immediate effect, thus cancelling the reservation and/or refusing to provide the services, if:

a) the Guest does not use the room, or the building rendered for his/her use properly

b) the Guest does not observe the security and order of the accommodation site, treats the employees in an objectionable or rough manner, is under the influence of alcohol or drugs, and displays menacing, offensive or otherwise unacceptable behaviour

c) the Guest suffers a contagious disease.

d) the Contracting Party does not meet his/her advance payment obligation by the agreed deadline

11.2. the Contract between the parties cannot be honoured as a result of “force majeure”.

12. Guarantee for Accommodation

12.1. In the event that the hotel of the Service Provider is at fault for failing to provide the services listed in the Contract (e.g. overbooking, temporary problems of operation, etc), the Service Provider is obliged to provide accommodation for the Guest without delay.

12.2. The Service provider is obliged:

a) to provide/offer the services listed in the Contract at the rate and for the period confirmed – or until the conclusion of the incapacitation – in another place of accommodation of the same or of a higher category. Any additional costs for the replacement accommodation shall be borne by the Service Provider

b) to ensure the Guest is able to make a phone call free of charge to give notification of the change of accommodation should he/she need to do so

c) to ensure the Guest is transferred free of charge to the replacement accommodation, and back to the original accommodation should that become available again later

12.3. If the Service Provider fully meets these obligations, and if the Guest has accepted the replacement accommodation, no subsequent claim for compensation will be accepted.

13. Disease or Death of the Guest

13.1. In the event that during the time of using the accommodation-service the Guest is taken ill and is not able to care for himself/herself on his/her own, the Service Provider is to offer medical help.

13.2. If the Guest falls ill or dies, the Service Provider will require a cost compensation from the dependant, heir or person settling his/her accounts, for the possible medical costs, the value of services used prior to the death, and the incidental damages done to the equipment and furniture in the hotel related to the disease/death.

14. Rights of the Contracting Party

14.1. Pursuant to the Contract, the Guest is entitled to the proper use of the ordered room and establishments of the place of accommodation that belong to the usual service sphere, and are not under the effect of special conditions.

14.2. The Guest may complain about the performance of the services provided by the Service Provider during his/her stay at the place of accommodation. The Service Provider is obliged during this period to handle complaints justifiably sent to it in writing (or minuted by the Service Provider).

14.3. Any right to complaint by the Guest terminates after departure from the place of accommodation.

15. Obligations of the Contracting Party

15.1. The Contracting Party is obliged to settle the value of the contractually ordered services by the date and with the method laid down in the Contract.

15.2. The Guest will ensure that children under 14 under his/her responsibility shall stay in the hotel of the Service Provider only under adult supervision.

15.3. The Guest shall not bring in any of his/her own food or drink to the food and beverage units of the hotel.

16. Compensation Liability of the Contracting Party

The Guest shall be held liable for all damages and inconvenience suffered by the Service Provider or a third person as a result of the actions of the Guest, his/her escort or any person(s) under his/her responsibility. This liability remains in effect even if the aggrieved has the right to claim compensation for his/her damages directly from the Service Provider.

17. Rights of the Service Provider

In the event that the Guest fails to meet his/her fee payment obligation related to the used services, or contractually ordered but not used services that carry a penalty, the Service Provider – to ensure the claim is met – has a right of pledge on the personal belongings the Guest has brought to the hotel.

18. Obligations of the Service Provider

The Service Provider shall:

a) provide the accommodation and other services ordered based on the Contract in line with the valid stipulations and service standards

b) examine the written claim of the Guest and take steps to remedy the problem, which is also to be recorded in writing

19. Compensation Liability of the Service Provider

19.1. The Service Provider shall be liable for all damages suffered by the Guest within the establishment and caused by the Service Provider or its employee.

19.1.1. The Service Provider shall not be liable for damages that are the result of an unavoidable cause beyond the control of the employees and the Guests of the Service Provider, or that have been caused by the Guest himself/herself.

19.1.2. The Service Provider may designate places in the hotel that Guests may not enter. The Service Provider will not be held liable for any damages or injuries caused in such places.

19.1.3. The Guest shall report to the hotel any damages suffered and provide the hotel all data necessary for clearing the claim, perhaps to be included in the police report/procedures.

19.2.1. The Service Provider shall be liable for valuables, securities and cash only if the Service Provider has expressly taken possession of these things for safekeeping or the damages have occurred due to a cause for which the Service Provider is liable in accordance with the general rules and regulations. In such cases, the burden of proof lies with the Guest.

20. Secrecy

The Service Provider is liable according to the Contract to comply with the Act LXIII of 1992 on the Protection of Personal Data and the Publicity of Data of Public Interest and the closure of the data privacy legislation – and the Service Provider has been informed by the Contracting Party – and proceed by the internal rules of the Contracting party.

21. Force Majeure

Any reason or circumstance (e.g.: war, fire, flood, rigours of weather, power shortage, strike) beyond the control of the Party (force majeure) excuses any Party from performing the obligations set in the Contract prior to this reason or circumstance existing. Parties agree to do everything in their power to limit the possibility of these reasons or circumstances occurring and to remedy the damage or delay caused by them as soon as possible.

22. Jurisdiction, Governing Law

The legal relationship between the Service Provider and the Contracting Party shall be governed by the Hungarian Civil Code. In any legal dispute arising from the service contract, the court is authorised at the location where the services are provided and declared to have competence to handle the issue.