General Terms and Conditions for Use
(effective as from 1 June 2018)
The present General Terms and Conditions for Use (GTCU) lays down the terms and conditions for using the “Hungary Coupon” website (hereinafter: Website), available under the www.hungarycoupon.com domain, owned exclusively and operated by Mobileum Kft. (Hungary, H-1111 Budapest, Bartók Béla út 44; registered under Cg. 01-09-710081 at the Metropolitan Court of Budapest acting as Registry Court) (hereinafter: Mobileum Kft.) and for making purchases on the Website.
User means any adult natural person, legal person, entity without legal personality or any other organisation which visits the Website, registers on the Website, creates an own account and uses services, purchases products or places orders via the Website (hereinafter: User).
By registering on the Website, using any of the services offered via the Website, placing an order or signing up to the newsletter, the User will accept the GTCU and agree to be bound by it. Such acceptance of the GTCU shall be accompanied with the User’s commitment to follow up the changes made in the GTCU. Minors will not be allowed to use the Website. If the User fails to accept the GTCU, he/she will not be entitled to use either the Website or the discounted services offered via the Website.
Pursuant to the relevant contract, Hungary Coupon shall provide the service (hereinafter: Programme) selected by the User on the Website, while the User shall pay the fee (hereinafter: Price) charged for the Programme.
Hungary Coupon shall provide the Programme in accordance with the features described on the Website. As a consideration for the Programme, the User shall pay the Price, or discounted Price, specified on the Website on the date of order placement. The User shall not be obliged to pay any further consideration when there is any price change in the period between the date of order placement and the actual date of the Programme.
The User will be entitled to attend the Programme only once. Subject to prior notification given to Hungary Coupon, the User may order or transfer a Programme for another person.
Mobileum Kft. will have the right to make unilateral amendments in the GTCU any time. The amended GTCU sections, or the entirely new GTCU, will enter into force on the day the amended GTCU is published on the Website. The Website operators may also be referred to as ”Hungary Coupon” or ”hungarycoupon.com” both in the GTCU and on the Website.
Undertaking and web hosting provider details:
Mobileum Kereskedelmi és Szolgáltató Kft.
Seat: H-1111 Budapest, Bartók Béla út 44
E-mail: info@hungarycoupon.com
Phone: +3670 341 5786
Tax number: 12921188-2-43
Trade registry number: 01-09-710081
Web hosting provider:
mediacenter.hu
Conditions for participation:
Following the order placement, a confirmation will be sent promptly, automatically and electronically (via e-mail) to the User. The confirmation will include the voucher that the User shall present, either in printed form or via an electronic device (e.g. smartphone), and redeem for the entrance ticket at the place and time indicated in the confirmation.
Hungary Coupon shall not be held liable for any damage resulting from the fact that a voucher sent to the User becomes available for another person through any cause attributable to the User (e.g. incorrect e-mail address, loss or theft of the User’s smartphone) including when the voucher is used (redeemed) by another person.
The User may be excluded from the Programme by the service provider partner, without entitlement to refund, if the User’s behaviour jeopardises the safe completion of the Programme, infringes the rules for participation (listed on the entrance ticket) or disturbs other participants.
The confirmation contains the indicative start time of the Programme and the time by which the User shall arrive at the venue of the Programme. Upon the User’s delay (including when the delay is caused by any mistake the User may make in terms of time zones or winter/summer time), the service provider partner of Hungary Coupon will not be obliged to allow the User to attend the Programme. Hungary Coupon shall not be held liable for any damage caused by a delay in the start or end of the Programme.
Technical steps:
When browsing the Website at the time of contracting, the User may add – without any obligation as to registration or payment – the preferred discounted Programmes to his/her “Basket”.
The Basket contains the Programmes selected by the User. Its content may be freely amended until the User clicks the “Pay” button. As long as the User does not click the “Pay” button, the contract will not be concluded i.e. the parties are not obliged to perform their obligations towards each other and the User may freely decide not to conclude the contract. Clicking the “Pay” button is possible only after the User has accepted the general terms and conditions of use and provided the following data:
name,
e-mail address,
home address
phone number
By clicking the “Pay” button, the User will order the Programmes contained in the Basket. The total amount payable by the User can be seen under the Basket content. By clicking the “Pay” button, the User will also accept the contractual terms and agree to be bound by the GTCU provisions.
Payment will be made in the system of payment service providers according to the method selected by the User. Hungary Coupon will not get access to any data given for such purpose. Hungary Coupon shall not be held liable for any error arising in the course of payment.
Following the payment, an order confirmation will be sent promptly, automatically and electronically by Hungary Coupon to the User. Upon any failure in sending such confirmation, Hungary Coupon will confirm the order for the User within 48 hours in accordance with the applicable rules.
Data management:
The User’s order placement shall also represent a declaration to the effect that the supplied data are valid and that the User is over 16 years of age and his/her capacity to act is not excluded or restricted regarding the group of issues to which the order placement for Programmes belongs. Hungary Coupon shall not be held liable for the consequences of any invalidity of data supplied by the User.
For the purpose of the establishment, content specification, amendment and performance monitoring of the Programme contract as well as for the invoicing of contractual fees and for the exercise of legal claims, Hungary Coupon will be allowed to manage the natural identification data and home address necessary for identifying the User.
For the invoicing of contractual fees arising from the Programme contract, Hungary Coupon will be allowed to manage the natural identification data and home address as well as the time, duration and venue data relating to the Programme.
Furthermore, Hungary Coupon may request the supply of such personal data that are technically essential for providing the Programme.
By accepting the present GTCU, the User consents to the management of his/her supplied data by Hungary Coupon in accordance with the Data Protection Policy.
This consent may be withdrawn by the User any time via e-mail under the conditions laid down in the Data Protection Policy.
The giving of such consent may be a precondition, as per the Data Protection Policy, for the establishment of the contract.
The supply of certain data, as per the Data Protection Policy, depends solely on the User’s decision and will not affect the establishment of the contract.
Hungary Coupon will not disclose the managed data to any third person and will delete such data upon the fulfilment of the statutory requirements.
The Data Protection Policy shall be an integral part of the GTCU and primarily applicable to the data management carried out under the GTCU.
Right of withdrawal and right of termination:
Information on the statutory rights of the User
Pursuant to Government Decree 45/2014 (II.26.) on the detailed provisions of contracts concluded between consumers and companies, the User may withdraw from the contract without justification within 14 days after the purchase of a non fixed-date/time Programme (i.e. after the receipt of the e-mail with a link for ticket download).
In the case of his/her intent to withdraw from the contract, the User shall notify Hungary Coupon in writing and the latter shall, within 1 business day after the receipt of the notification, request the User to provide a written confirmation to the effect that the ticket bearing the ID number indicated by the User has not been used yet. The notification in writing may also be made in the form of a statement of withdrawal sent to info@hungarycoupon.com. If the service provider partner confirms in writing that the ticket in question has not been used yet, Hungary Coupon will immediately invalidate the ticket and shall, within 14 days after the receipt of the User’s notification, refund the purchase price of the invalidated ticket to the User.
The User’s right of withdrawal may be exercised by sending a clear statement to that effect to Hungary Coupon. The statement of withdrawal shall be deemed to have been made in time if the User can prove that it has been sent until midnight on the 14th day after the receipt of the abovementioned e-mail.
If the User settles the order through bank card payment, the refund will be made in the same manner to the card issuing financial institution upon the seller’s request to its online payment partner.
If the User settles the order through bank transfer or COD (cash on delivery), the refund will be made through bank transfer to the account specified by the User.
If the User orders a fixed-date/time Programme, the User will have no statutory right of withdrawal or right of termination i.e. the User will not be allowed to exercise the right of withdrawal or right of termination stipulated in Section 20 of Government Decree 45/2014 (II.26.) because the leisure time contract concluded between the Undertaking and the User has set a specific delivery date in line with Section 29(1)(l) of Government Decree 45/2014 (II.26.). Therefore, in this case Hungary Coupon will not be in a position to refund the purchased voucher (or entrance ticket) or the Price.
At the venue specified in the confirmation, the User shall redeem the voucher contained in the confirmation for the Programme entrance ticket. By doing so, the User gives a preliminary express consent to Hungary Coupon (or the service provider partner) for starting the delivery and acknowledges that, following the full delivery of the service, the right of termination will be lost pursuant to Section 29(1)(a) of Government Decree 45/2014 (II.26.). Therefore, in this case Hungary Coupon (or the service provider partner) will not be in a position to refund the purchased voucher (or entrance ticket) or the Price.
Cancellation or change of the Programme:
If the Programme is cancelled or already sold out, Hungary Coupon (or the service provider partner) offers another date/time for the User to attend the Programme. If the User refuses to accept the offered date/time, the paid consideration shall be refunded to the User.
If substantial change in the Programme in comparison with the conditions specified on the date of order placement, Hungary Coupon (or the service provider partner) will notify the User accordingly and, at the same time, offer an amendment of the contract or allow the User to exercise the right of withdrawal. It is agreed that, provided that the nature of the Programme remains unchanged, the swap of Programme performers of the same quality will not be considered as substantial change.
Information supply:
1. Information supply pursuant to Government Decree 45/2014 (II.26.)
The main Programme features are available in the Programme description which is constantly available on the Website for viewing by the User without registration or any other restrictions.
The Undertaking’s name can be seen under Undertaking details.
The Undertaking’s address, mail address, e-mail address and phone number can be seen also under Undertaking details.
The total consideration, including taxes, payable for the product or service is indicated generally on the Website and displayed particularly for the User as the total price of Programmes placed into the basket. No additional costs may incur.
No contract for an indefinite duration and no contract with subscription can be concluded through the Website.
For contracting purposes the User will use his/her own communications device (smartphone, laptop, tablet, PC, etc.) on the basis of his/her individual subscription. No premium rates will be charged by the Undertaking.
The delivery deadline will be the Programme date selected by the User. Payment is done in the system of, and under the terms set by, the financial service providers of the Undertaking. The User may use the e-mail address shown under Company data for forwarding his/her complaints.
The terms applicable to the right of withdrawal are stipulated in the present GTCU.
The Undertaking does not sell any product through the Website for which return provisions could be applied.
The present GTCU contains information on the termination following the start of service provision. Furthermore, the present GTCU contains information on the User’s right of withdrawal.
The Undertaking maintains a customer support unit whose contact details can be seen under Company data. The unit operates with longer opening hours during the tourist season. The Undertaking will not, and is not obliged to, provide any statutory warranty.
The Code of Conduct referred to in the legislation on the prohibition of unfair business-to-consumer commercial practices is not available.
The contract will not be converted into a contract of indefinite duration but it will be terminated upon Programme completion.
The User shall pay the consideration for the Programme by way of payment through the Website (in the system of financial service providers).
The User shall not be obliged to provide any deposit or financial security for the Undertaking. All data will be transmitted in encrypted form via SSL and HTTPS protocols.
The Undertaking will store the data in an SQL database. The data are safeguarded with sufficient encryption.
The User may forward his/her complaints to the regionally competent district office.
The User may have recourse to a conciliation panel. The conciliation panel will be responsible for the out-of-court settlement of consumer disputes. The conciliation panel will make efforts to reach an agreement between the parties and, upon failing to reach such agreement, it will adopt a resolution in the case for the simple, quick, effective and cost-efficient enforcement of consumer rights. If requested by the User or the Undertaking, the conciliation panel will give advice regarding the User’s rights and the Undertaking’s obligations.
Conciliation panel with territorial jurisdiction over the Undertaking’s seat:
Budapest Conciliation Panel
H-1016 Budapest, Krisztina krt. 99, 3rd floor, 310
Mail address: H-1253 Budapest, POB 10
2. Information supply pursuant to Section 6:82(1) of the Civil Code
The technical steps of contracting can be seen under Technical steps.
The contract will not be considered a written contract. The Undertaking will draft a contract in so far as it is necessary for reserving a place in the selected Programme for the User and for issuing a voucher for the User. These data will be made accessible subsequently.
The contract language will be selected by the User when he/she is viewing the Website in the selected language. The contract will also be established in that language.
The Undertaking complies with the information supply as per Section 5(2) of Ekertv. through paragraph 2 of this section.
Limitation of liability:
Hungary Coupon shall not be held liable for any damage
- resulting from the fact that the User has failed to observe the applicable legislation and Programme attendance rules,
- caused by the User’s influence of alcohol or narcotic drugs,
- resulting from any intolerance (e.g. food intolerance, allergy, etc.) that the User has failed to indicate in advance,
- falling outside the scope of the general course of Programme organisation and management e.g. in cases that cannot be reasonably foreseen by Hungary Coupon’s service provider partner acting as the organiser and manager of the Programmes.
Hungary Coupon shall not be held liable for the failed contractual performance of the service provider partner caused by any force majeure event (including, without limitation, flood, natural disaster, war, commotion, public demonstration, strike, administrative decisions or legislative changes). Hungary Coupon or the service provider partner will have no other obligation in such cases than to offer a supplementary data or to refund the Price.
In view of the outdoor nature of the Programmes and the applicable shipping rules, Hungary Coupon or the service provider partner will not be responsible for damages caused by any Programme cancellation due to weather conditions and will have no other obligation than to offer a supplementary data or to refund the Price.
Hungary Coupon will be authorised to retain subcontractors and collaborators.
If the Price is obviously erroneously stated on the Website, Hungary Coupon or the service provider partner may offer the Programme at the original Price and request the User to pay the difference or withdraw from concluding the contract. Instead of paying the difference, the User may also withdraw from concluding the contract. In case of dispute the original Price shall mean the price shown previously on the Website.
Trademarks:
The images, logos and texts appearing on the Website represent the registered trademarks and copyrighted or other intellectual works belonging to Hungary Coupon, the right holders or the service provider partners. By concluding the contract, the User will not obtain any right for their use.
Invoicing:
1. Hungary Coupon will issue and send to the User all statutorily required documents in evidence of the purchases made by the User. This is an automated electronic process performed right after the payment.
2. The consideration invoiced by Hungary Coupon i.e. the amount payable to Hungary Coupon may include mediated services i.e. services which are resold (reinvoiced) partly or fully but in unchanged form. It means that Hungary Coupon may sell, apart from its own services, the services purchased by it or the programmes of its service provider partners in unchanged form but not necessarily at unchanged prices.
Explanatory notes:
1. These explanatory provisions and the ones included in the GTCU will jointly represent the meaning of the relevant term:
User: a natural person acting outside the scope of his/her trade, occupation or business activity.
Undertaking: an undertaking specified under Undertaking details, unless it is referred to as Hungary Coupon.
Programme: a service resold by Hungary Coupon and selected by the User.
Voucher: a confirmation sent to the User, allowing the User to receive and electronically present the entrance ticket.
Entrance ticket: a document, object (e.g. armband, plastic card) or device (e.g. proxy watch) directly allowing its holder to attend a Programme; its obligatory presentation may be unilaterally waived by Hungary Coupon or the service provider partner.
Contract: a specific agreement, including the present GTCU, on Programme delivery between the User and Hungary Coupon.
Website: hungarycoupon.com
2. Legislative references:
Infotv.: Act CXII of 2011 on information self-determination and freedom of information.
Ekertv.: Act XVIII of 2001 on certain issues of electronic commerce activities and information society services.
Áfatv.: Act CXXVII of 2007 on value added tax.
Civil Code: Act V of 2013 on the Civil Code.
Furthermore, the terms included in the present GTCU and, eventually, in the contract shall be interpreted according to their respective general meaning.
The section headings used in the present GTCU are for convenience of reference only and are not to affect the content of the sections.
Closing provisions:
The present GTCU is constantly available on the Website for storage and retrieval by the User.
If any section in the present GTCU becomes ineffective or invalid, the present GTCU shall be deemed to have been approved by the Parties without such ineffective or invalid section.
The present GTCU shall be held applicable to the contract concluded between the Undertaking and the User. As to any issue not regulated in the contract and the present GTCU, Hungarian law shall be held applicable. This provision includes a choice of law clause.
The present GTCU entered into force on 1 June 2018.
The present GTCU may be amended by Hungary Coupon with effect for all contracts concluded after such amendment. Earliest date of entry into force: one day after the date of publishing the amended provisions on the Website.