GENERAL TERMS AND CONDITIONS OF THE CONTRACT

 

I. Introductory provisions

 

1.   The present general contractual and utilization conditions (GTC) include the conditions of using the following services operated by

KViHotel Limited Liability Company

Name: KViHotel Limited Liability Company

Abbreviated company name: KViHotel Ltd.

Company registration number: 01-09-925913

Registered office: 1077 Budapest, Wesselényi utca 28.

VAT number: 14916465-2-42

EU VAT Number: HU14916465

Statistical number: 14916465-5510-113-01

Bank account number: HU71 12100011-10332111-00000000 or HU43 1210 0011 1033 2128 0000 0000

Account holding bank: Gránit Bank

Customer service contact details: 0036 20 325 4173

Telephone: 0036 1 309 7266

Email: info@kvihotelbudapest.com

(hereinafter: Hotel)

place of accommodation and hotel, categorized as four-star hotel named KViHotel Budapest (address 1072, Budapest, Nyár utca 32) (hereinafter jointly referred to: Services) as well as the conditions of the contracts concluded in this subject.

 

2.   The GTC is part of all contracts to be concluded with the Hotel falling under the effect of it.

 

The present GTC covers the policies concerning the rights and/or obligations of all contracting parties or other guests accepted by the Hotel who use the Services of the Hotel. If the provisions of the policies and the GTC violate or contradict each other the contents of the present GTC shall be governing.

 

3.     The Services provided by the Hotel can be obtained through the website www.trmwhotels.life (hereinafter: TMRW Website) of the company contracted with the Hotel, TMRW Kft. (Reg.No. 01-09-294779; Registered office: 1077 Budapest, Wesselényi utca 28.; Statistical Number: 25892295-5829-113-01; hereinafter: Service Provider) and the mobile application TMRW Hotels, TMRW Hostels, TMRW Apartments and TMRW Offices (hereinafter: TMRW Application); booking, submission of orders and all contracts to be concluded with the Hotel can be arranged through the above platforms, within the frame of Service Provider’s general terms and conditions of the contract (hereinafter: TMRW’s GTC).

 

4.     In consideration of the previous clause Hotel represents that it authorizes Service Provider to fully act on behalf and in the name of it, conclude contracts, enter booking, order and specific order, in accordance with TMRW’s GTC. Hotel represents that it has previously accepted TMRW’s GTC and continues to consider it binding upon itself.

TMRW’s GTC is available on the TMRW Website and in the TMRW Application.

 

5.     According to the clauses above the present GTC falls under the effect of TMRW’s GTC and shall be applied in a way that the contents of the TMRW’s GTC are governing in case there is conflict between any of the provisions of the present GTC and TMRW’s GTC.

 

II. The scope of the GTC

 

1.   The scope of the present GTC covers all legal relations established for providing the services of the Hotel by using Service Provider’s TMRW Website and TMRW Application; it specifies the rights and obligations of the parties as well as the circumstances in connection with using the other services, respectively, within the frame of the TMRW laid down in the GTC and according to its provisions.

 

 

2.   The present GTC covers all persons (hereinafter: Guests) using the Services of the Hotel. The provisions of the present GTC oblige and authorize the Hotel and the Guests, all of their representatives, legal successors or assignees.

 

3.   The present GTC is effective from the 1st day of January, 2018 and remains in force until withdrawal. The GTC concerns legal relations of the service established before the GTC has come into force in the manner that the Guests accept the provisions of the present GTC simultaneously with ordering or extending, respectively, the individual services. 

 

4.   Hotel is entitled to unilaterally amend the GTC by the prior notification of the Guests affected by the amendment through the Service Provider. Hotel represents that it will amend the submission provisions of the present GTC to TMRW’s GTC only by Service Provider’s prior approval, or if the Services of the Hotel may not be obtained through Service Provider. 

 

5.   For Guests using the Service afresh the amended GTC becomes effective on the day it is communicated. 

 

III. Definitions:

 

Hotel

The legal entity specified in clause I.1 of the present General Terms and Conditions of the Contract, who is the operator of the place(s) of accommodation or hotel(s) and is the exclusive authorized entity of them.

The legal entity listed under „Partner” in the Service Provider’s GTC.

Service Provider

 

The legal entity specified in clause I.1 of the present General Terms and Conditions of the Contract, who is the operator of the TMRW Website and TMRW Application.

Based on the agreement concluded with the Service Provider Hotel has accepted the conditions of TMRW’s GTC and authorized Service Provider to conclude contract for using the Services according to TMRW’s GTC and the present GTC in the name and on behalf of it acting with full authority as well as to take/accept additional orders and Specific Orders.

GTC

The General Terms and Conditions of the Hotel that is available both on the TMRW Website and in the TMRW Application.

The present GTC was approved by Service Provider. In view of this fact the provisions laying down the obligations of Service Provider do not contradict TMRW’s GTC, comply with the agreement(s) between the Hotel and Service Provider, and Service Provider proceeds accordingly, either by its own right or as the agent or authorised entity of the Hotel.

TMRW Website

Service Provider’s official website on which he describes and makes the Services popular, by which the Services falling under the effect of the GTC can be used.

TMRW Application

Service Provider’s mobile application that operates exclusively through active online connection on Android and iOS platforms having version number published on the TMRW Website and the desktop website accessible through web interface, that make possible for the users of smart devices – Android and iOS based mobile phones and tablets – and the desktop users of the web interface to use all functions of the TMRW Website in an easy manner without the use of internet browsers.

Guest

A „User” of the TMRW Website and/or the TMRW Application (according to TMRW’s GTC) or other person specified by the User who actually uses the Services set out in Government Decree 239/2009. (X. 20.) on the detailed conditions of carrying out commercial accommodation services provision and the order of issuing accommodation operating licence. User is responsible for the persons specified by him as guests as if he himself was proceeding in the matter.

Personal data

Data and knowledge specified in Section 3 clause 2 of Act CXII of year 2011 on the Right of Informational Self-Determination and on Freedom of Information (hereinafter: Info Act).

Trade Secret

All facts, information, solution or data connected to the business activities of the Hotel which, when disclosed, acquired or used by unauthorized persons would violate or endanger the lawful financial, economic or market interests of the entitled party – not including the Hungarian State – and the entitled party has taken the necessary actions for keeping them secret.

Service, Services

A concept specified in Section 2 clause 23 of Act CLXIV of year 2005 on trade. The place(s) of accommodation, hotel(s) and "smart hotel(s)” operated by the Hotel, that work in an automated manner in accordance with electronic instructions corresponding to the Specific accepted-approved orders received by Service Provider’s System placed on the TMRW Website and the TMRW Application.

Specific Order

All services, product purchases, requisition of authorization booked by Guests that can be applied for in the frame of the ordered Services, including all operating mechanisms of the place of accommodation/hotel affected by the booking and ordering that can be assigned to the Guests of „smart hotels” – e.g. entry into certain rooms, wakeup call, ordering meals etc.

Hotel has authorized Service Provider to approve Specific Orders as set out in Service Provider’s GTC, except:

………….

………….

………….

………….

partial services.

After Service Provider’s approval and following the receipt of the electronic instruction of the System by the place of accommodation or hotel affected by the booking/order the Hotel immediately executes the Specific Order.

Countervalue of the Service

The aggregate of the prices, fees and costs incurred in connection with the Services increased by the aggregate of all taxes, duties and claims, fees and public dues collectable as taxes related to the previous prices, fees and costs of the place of accommodation or hotel affected by the booking or order – thus particularly the prevailing value added tax and tourism tax etc.

System

The Services offered by the Hotel appear with the help of Service Provider’s accommodation booking system (hereinafter: System) and are accessible so that they can be booked and used by the Guests with conditions that can be modified in the System within a set scope.

Other platforms

Platforms in addition to the TMRW Website and the TMRW Application on which the related offer can appear in connection with Services falling under the scope of the present GTC.

 

IV. General provisions

 

1.   Hotel retains all rights to specify and change the scope of the Services, their countervalue and any partial service that can be included in any Specific Order as well as all relevant conditions unless they do not violate TMRW’s GTC in its own field of competence and also with respect to distributing them and any part of them and the sharing of their content. 

 

2.   Hotel retains the right to freely specify, divide into parts, supplement and modify the relevant policies of the place(s) of accommodation and hotel(s) indicated in clause I.1 thus specifically the rules of the house, unless it does not violate the provisions of TMRW’s GTC.

 

3.   In consideration of the above Hotel retains all rights to freely settle all conditions in connection with the Services not regulated by TMRW’s GTC, or which are regulated by it but coming under the provision that provides permission for the Hotel to deviate from it, on the condition that it shall promptly notify the Guests through the Service Provider, in accordance with TMRW’s GTC.

 

4.   It is forbidden to copy or download – not including the contents expressly intended for downloading –, electronically store, process and sell the contents or any part of them appearing on the Hotel’s website or on other advertising spaces without the written consent of the Hotel or the Service Provider.

 

5.   Service Provider is responsible that the TMRW Website and the TMRW Application is accessible; accordingly the possibility of obtaining Hotel’s services shall be ensured by Service Provider – as fully authorized entity in this scope – as set out in Service Provider’s GTC and Service Provider is responsible towards the Guests.  

 

6.   Hotel retains the right to record all telephonic or other voice (and image) based contacts thus in particular complaints, following the forewarning of the announcer, on sound recording.

 

7.   For the purposes of the protection of property and accident prevention the communal areas of the place(s) of accommodation and hotel(s) specified in clause I.1 are equipped with CCTV cameras. By entering the place of accommodation or hotel Guest provides his/her consent to take recording of him/her. The Hotel stores the recordings for 1 i.e. one month whereupon it will be automatically deleted.

 

8.   In the place(s) of accommodation, hotel(s) specified in clause I.1. of the Hotel various programs may be organized to entertain Guests. Hotel and/or the employee of the Service Provider (or a venture commissioned with this task) may take photo and video recordings of the programs for marketing and promotion purposes. The guest appearing on the event acknowledges and expressly agrees that the recording made of him/her may be published in publications and different advertising spaces. The Hotel and/or the Service Provider publishes these recordings – by taking into account the aspects of expectations connected to data protection and personality rights – in such a way that the person concerned is not unambiguously recognizable and identifiable unless he/she previously agreed to it.

9.   Smoking is not permitted in the KViHotel Budapest hotel other than in designated smoking areas outside the hotel. You must not smoke in any of our hotels, either in the hotel rooms or public areas, or interfere with our fire detection system or with any emergency equipment. If you do so we may terminate your booking and reserve our rights to take any further action. We also  (at our sole discretion) request the immediate payment of our reasonable costs which is € 170. The reasonable costs we incur if you smoke in our hotel are likely to include costs for specialist cleaning, repair or replacement of damage by you to our property, the cost of the room for any period it is unusable and our administration expenses. 

 

V. Registration

 

1.   The Services may be used by User registered with Service Provider on the TMRW Website and/or in the TMRW Application and/or other guests, collectively Guests, specified by User/Guests in their booking. The above registration procedures are carried out by Service Provider in their entirety and Hotel may not be held responsible for that; Hotel proceeds in accordance with the information received from the Service Provider, by observing the relevant data protection rules and policies. 

 

2.   Guest submits the Booking and the order for Services to Service Provider on the TMRW Website and/or TMRW Application so Guest, as the guest of the Hotel will be the contractual Partner. Accordingly Service Provider and Guest, as well as the Hotel collectively become contractual parties if the stipulations are met on the condition that Service Provider acts with full authority everywhere on behalf and in the name of Hotel in relation to the Service except if the nature of the given service does not allow this representation or if the relevant legal regulation or TMRW’s GTC expressly submits it to the scope of the Hotel’s legal procedures and obligations.

In consideration of the latter Hotel proceeds through its authorized competent employee or representative in the following matters independently, without Service Provider – out of the TMRW Website and TMRW Application:

-       Emergency calls received on Hotel’s emergency line 0036 20 325 4173

-       Provision of conditions stipulated in legal regulations, provision of staff (e.g. for the wellness section the provision of at least one person who has qualification in wellness matters)

-       ……………………………

-       ……………………………

 

VI. Booking, contracts

 

1.   Guests may initiate booking and orders towards the Hotel based on TMRW’s GTC and in accordance with the conditions specified therein. Hotel authorized Service Provider to proceed on behalf and in the name of Hotel with full authority in the scope of accepting bookings, orders and Specific Orders according to the conditions of TMRW’s GTC and the present GTC, to conclude contracts with Buyers on behalf and in the name of Hotel, to make all necessary declarations in connection with that, to carry out all procedures, including all actions connected to payments and financial accounts. 

 

2.   Hotel retains its exclusive right to freely determine the types of booking accessible through Service Provider within the frame of TMRW’s GTC and the System, the scope of Specific Orders that can be connected to them and further conditions (e.g. payment, registration etc.).

 

3.   The boking procedure is carried out by Service Provider in its entirety; Hotel may not be held responsible in this scope unless Service Provider’s System does not operate or operates defectively due to reasons attributable to Hotel, or records incorrect data. Hotel expressly undertakes the obligation to maintain and upgrade the systems applied by him according to the instructions of Service Provider – if it is not possible remotely or if Hotel did not provide appropriate access – and makes them suitable in every respect to operate in a harmonized manner with Service Provider’s System.

 

4.   The precondition of the validity of any booking and order is that the Guest accepts the present GTC and the policies falling under the effect of it, with the deviations laid down in Service Provider’s GTC.

 

5.   Maximum 5 rooms can be booked. If more rooms are required these cannot be divided into several bookings containing 5 rooms each. Service Provider may accept bookings and orders satisfying special requirements upon the prior approval of the Hotel.

 

6.   For contracts established by the acceptance of bookings or orders by the Service Provider the contents of TMRW’s GTC shall apply; Hotel fully authorized Service Provider in this scope. Service Provider acts in the name of the Hotel but the obligor of the Services is the Hotel, and Hotel provides the Services in accordance with the electronic instructions („system commands”) preliminarily approved by the Service Provider and received from the System. Hotel hereby also lays down that the above „instructions” and „commands” are the acceptance declarations of the Guests concerning the offers published by the Hotel previously through Service Provider on the TMRW Website and/or in the TMRW Application; accordingly Service Provider is a middleman for the provision of the Service as per the present GTC and may on no account be considered as a decision making subject.

 

7.   It is prohibited to further sell the booked or ordered accommodation and Services. By this specifically the further sales of the Service to third parties at a higher price shall be understood. Guest is obliged to compensate for any loss that occurred at the Hotel.

 

VII. Rates applied by the Service Provider:

 

1.   The room rates of the Hotel and the charges for all available services – and their content detailed in accordance with Service Provider’s GTC – are available on the TMRW Website and in the TMRW Application as well as in the place(s) of accommodation and hotel(s) specified in clause I.1. and furthermore on the website of the Hotel. If the information shown on the above surfaces are different than the contents of the Website and the Application are governing and Hotel may not charge Guest with any damages it suffered in this scope.

 

VIII. The scope of personnel who can use the services:

 

1.   Considering that the place(s) of accommodation and hotel(s) operated by the Hotel and specified in clause I.1 is (are) automatically operating „smart hotel(s)”, a Guest can only be a person who has passed the age of 18.

 

IX. Payment method and warranty

 

1.   Hotel has authorized the accredited external financial enterprise providing electronic cash flow services, called …………………….. (hereinafter: …………..) and made it possible that it redirects the Guest through the TMRW Website and/or TMRW Application to its ……….. site as an appropriate electronic surface, and that it collects from the Guest in the name and for the benefit of the Hotel the entire amount of the countervalue of the Service ordered at the time of booking. With regard to this payment shall always be performed towards the Service Provider on the TMRW Website or TMRW Application, as laid down in Service Provider’s GTC.

 

2.   In case of paying the countervalue for the Service in any way Hotel is at all times responsible for collecting and paying to the competent tax authorities all taxes concerning the prices, fees and costs of the given services and all other receivables, fees and public debts collectable as taxes.

 

3.   The Hotel’s PMS system performs towards the Guests all invoicing and account settlement activities in connection with the bookings, orders and Specific Orders of the Guests and sends the invoices and account settlements to the Guests in the name of the Hotel through the TMRW Application, in accordance with TMRW’s GTC. Hotel sends its electronic invoice(s) with the collaboration of Service Provider to the Guest through the TMRW Website and/or TMRW Application, including the Service Provider’s emails sent to the User. If the Guest prepays additional hotel costs Hotel makes – upon Guest’s request – specific bills available in hard copy also or ensures that they are sent by post. Otherwise the Hotel is obliged to make out bills/invoices by fully observing the legal regulations concerning booking, ordering, the place of accommodation or the hotel, with due regard to the content and format requirements laid down in TMRW’s GTC.

 

4.   In cases where the Guest is entitled and obliged to pay directly to the Hotel – e.g. lobby, bar – the Hotel may charge the Guest all costs related to the use of means of payment other than cash. The cost charged may not exceed 5% of the amount payable.

 

X. Modifications, cancellations

 

1.   All modifications and cancellations must be made on the booking interface of the TMRW Website or TMRW Application. For related questions the provisions laid down in TMRW’s GTC are governing.

Cancellation of and/or amendments to your reservation must be made 48 hours prior to your arrival date.

Cancellation or amendment made within 48 hours of arrival will incur a cancellation fee of 50% of one night's room charge (inclusive of any applicable prevailing government tax).

In the event of no-show or a 24 hours cancellation, a fee of one night's room charge (inclusive of any applicable prevailing government tax) will be charged to your credit card provided at the time of reservation.

 

XI. Method and conditions of using the service:

 

1.   Guests may use the Services with the authorizations allocated and approved by Service Provider by entering into the dedicated electronic devices – e.g. electronic door locks – in the place(s) of accommodation and hotel(s) specified in clause I.1 and operated by the Hotel.

 

2.   Where this is not possible or the character of the service does not make it possible – e.g. locally requesting wakeup call – Specific Services may be selected and used according to the parameters set by the Guest on the TMRW Website or in the TMRW Application. Service Provider confirms to the Guest the registration of the Specific Service to be used and the incidental extra charges as well as the special code number – e.g. sauna entry code – required for the use of the Service depending on the character of the order, for an ad hoc or specific period.  

 

3.   Hotel retains the right to specify the limitations of the service parameters included in the below Specific Orders.  Such services are as follows:

-       ……………………………………

-       ……………………………………

-       ……………………………………

-       ……………………………………

-       ……………………………………

-       ……………………………………

 

4.   Guests may occupy – check in into – the room(s) booked, or ordered in the TMRW Website or the TMRW Application and confirmed through them from 14:00 o’clock on the day of arrival and are obliged to leave – check out – by 11:00 o’clock on the last day of the stay (the permitted timeout is maximum 0 minutes). In case of late check out that has not been announced in advance the Hotel charges EUR 10 as timeout fee.

 

5.   Check in and Check out takes place through the TMRW Application or by using the tablet or other suitable smart device placed in the lobby of the place(s) of accommodation or hotel(s) specified in clause I.1. – on which the TMRW Application is preinstalled and available, by logging in using the registration data – and the Service Provider confirms that the above have been performed.

 

6.   Following the closure of Check in, user authorizations connected to the current booking or order in the place of accommodation or hotel activate and are valid till the closing of Check out. The Hotel retains the right to inactivate user rights within its own system if this is expressly justified by causing damages, preventing criminal act or other strong reason.

 

7.    In the event that Guest desires to occupy the room(s) affected by the booking or order before the Check in time the relevant provisions of TMRW’s CGT apply; Hotel does not exclude the application of the contents laid down there.  

 

8.   Guest may not bring domestic animal into the facilities and rooms operated by Hotel. In case of violating this provision Guest is fully liable for any damages caused by the domestic animal taken into the premises.

 

9.   Hotel is entitled to terminate – through the TMRW Application – the Service contract with immediate effect based on the reasons laid down in TMRW’s GTC through Service Provider or to refuse the provision of the Service.

 

10.                  Guest is obliged to acknowledge that the place(s) of accommodation and hotel(s) operated by the Hotel are „smart hotel(s)” with no permanent (or only limited number of) staff therefore Guest uses all services of the place of accommodation or hotel affected by the booking or order on his/her own responsibility during the entire duration of stay.

 

11.                  Guest acknowledges that he/she obtains any kind of help, request or information from Service Provider’s Dispatcher service primarily through the TMRW Application. The Dispatcher service is available in the TMRW Application round the clock – by VoIP and chat – but in case of emergency calls Hotel provides separate emergency call number(s) available locally.

Emergency number: +36 20 325 4173

 

12.                  Guests can place their luggage and valuables in the automatic left-luggage premises operated by the Hotel and placed for this purpose in the lobby of the place(s) of accommodation or hotel(s).

In the scope of the above Guest is obliged to acknowledge and observe the rule that luggage can be an object or substance of ……. x …….x …….. cm volume and …… kg weight the placement of which does not violate legal regulations, is not subject to the approval of a third person, does not represent accident prevention or nature conservation hazard and does not otherwise endanger health and/or safety.

 

13.                   Hotel ensures the gratuitous access to the TMRW Website and the TMRW Application at the place(s) of accommodation and hotel(s) operated by Hotel and specified in clause I.1 by internal wireless internet access (Wi-Fi). Hotel is entitled to charge separate fee for the use of Wi-Fi exceeding the above.

 

XII. Provision of services:

 

1.   Guest acknowledges that the place(s) of accommodation and hotel(s) operated by Hotel is (are) „smart hotel(s)” where the doors of rooms, communal areas and main entrances can only be opened and Specific Orders submitted by the proper use of the TMRW Application.

 

2.   If the smart phone or other device of the Guest serving the purposes of accessing the TMRW Website or running the TMRW Application is discharged, out of order or is not available or operational than Hotel ensures that Guest can access the TMRW Website and use the TMRW Application by using the tablet(s) placed in the communal area of the place(s) of accommodation or hotel(s) specified in clause I.1 and operated by the Hotel or at least to carry out hotel operations essential for using the Service – check in, check out, occupying the room booked, entry, access to the dispatcher centre etc.

If the external door/gate of the building(s) affected, equipped with magnetic lock, can only be opened with the TMRW Website and/or the TMRW Application – especially but not exclusively in the night hours – than the temporary door opening or lock unlocking can be requested according to TMRW’s GTC. If the Guest intends to announce his/her request to the Hotel by phone, he/she can do so on the dispatcher’s phone number on the condition that Hotel is obliged to execute the requested action – open the given door/gate online – only after appropriately identifying Guest’s booking data, and depending on the type of the given booking Hotel is entitled to charge additional fee for every request.

Otherwise the Hotel’s staff shall assist in entering the premises.

 

3.   Hotel provides Services by observing the relevant regulations, standards and the contents of TMRW’s GTC.

 

XIII. Rights of the guest:

 

1.   In accordance with the confirmed booking or order Guest is entitled to use the ordered room(s) as well as the facilities of the place of accommodation or hotel that are included in the usual scope of Hotel’ services and do not fall under the effect of special conditions.

 

2.     Guests may complain in connection with performing the Service which he/she can primarily submit to the Service Provider through the TMRW Application or by electronic letter addressed to the Hotel’s email address: info@kvihotelbudapest.com. Service Provider is entitled and obliged to examine the claim on the condition that Hotel is obliged to promptly and fully collaborate and get in direct touch with the Guest if deemed necessary.

 

XIV. Obligations of users and guests:

 

1.   Guest is obliged to settle the countervalue for the services ordered in the contract concluded between the Parties – also including subsequently ordered/used services – latest in the way and by the time specified in the contract or service provider’s confirmation of the booking. Guest is obliged to settle the countervalue for the services used by the person(s) specified in his/her booking that have not yet been settled in accordance with the above.

 

2.   Guest is obliged to ensure that the minors under his/her control are continuously under adult supervision in the place of accommodation or hotel affected by the booking or order.

 

3.   Guest is obliged to immediately report the damage suffered through the TMRW Application to the dispatcher service of Service Provider. He/she is obliged to make all necessary data available to the Service Provider and required to clarify the circumstances of the damage or which are required for any legal or non-contentious proceedings for indemnification, or for eventual infringement procedures or criminal proceedings. 

 

4.   Guest may not take in his/her own foods/drinks into the catering units operated by Hotel thus specifically into eating places/restaurants/buffets.

 

XV. User’s liability for damages:

 

1.   By accepting the present GTC Guest expressly undertakes the obligation to assume responsibility for all damages that are caused by Guest and by the accompanying person or the person under the control of any of these persons, or the domestic animal, to the Hotel or other guest of the Hotel.

 

2.   Guest’s liability for damages also subsists if the party suffering the damage is entitled to demand the compensation for damages directly from the Hotel.

 

XVI. Additional obligations of the Hotel:

 

1.   Hotel is obliged to perform the Service and other orders booked or ordered based on the contract between the Parties by observing Service Provider’s GTC and in accordance with the provisions and the relevant service standards in force at the registered seat of the Hotel.

 

XVII. Hotel’s liability for damages:

 

1.   Hotel assumes responsibility for all damages suffered by Guest that occurred at the place of accommodation or within the hotel affected by the booking or order, due to the fault of the Hotel itself or its employees.  

 

2.   Hotel’s responsibility does not extend to those damages that have occurred due to reasons beyond the control of Hotel’s employees and guests or if the damages were caused by the Guest or the persons under his/her control.

 

3.   Hotel is entitled to designate place(s) within the place of accommodation or hotel affected by the booking or order which Guests may not enter. Hotel is obliged to mark such places visibly and give separate information on that on the TMRW Website and the TMRW Application if deemed necessary. Hotel does not assume responsibility for damages that affect Guests or those under their control at a place or places where entry is not permitted.

 

4.   Considering that the place(s) of accommodation and hotel(s) operated by the Hotel are „smart hotels” i.e. there is no permanent staff or staff is only available in limited number and timeframe, the liability for damages of Hotel subsists only if, after the damage took place, Guest immediately reports it (with the necessary data) on the TMRW Website or through the TMRW Application as laid down in TMRW’s GTC.

 

5.   Hotel assumes responsibility for all damages suffered by Guest due to the loss, destruction or damage of his/her things. In the event that such things were placed by the Guest in a place designated by the Hotel and normally assigned for this purpose, or in the safe of his/her room, or when the thing was handed over by the Guest to Hotel’s employee whom Guest could have regarded as authorized to take over his/her things.

 

6.   Hotel is only responsible for the loss, destruction or damage of the valuables, securities or cash of the Guest if they were (it was) expressly taken over by Hotel or the damage occurred for reasons the Hotel bears the responsibility in accordance with the general rules. In this case the burden of proof rests with Guest.

 

7.   Hotel’s responsibility does not extend to the luggage of Guest and the content of the luggage during arrival and departure, loading or unloading and in the course of transporting it to or from the room.

 

8.   The rate of Hotel’s any kind of liability for damages is maximum 50 times of the contractual daily room rate.

 

XVIII. Illness and death of the guest

 

1.   In the event that Guest gets sick during the period of using the Service and this comes to the knowledge of the Hotel, Hotel is obliged to offer medical help to Guest on the condition that the costs of the offered and accepted medical help shall be borne by Guest.   

 

2.   If the physician diagnoses infectious illness, Hotel is entitled to refuse continued Services. Additional costs incurred due to prematurely leaving the place of accommodation or hotel shall be borne by Guest.

 

3.   In case of the illness or death of the Guest cost compensation may be invoiced, in accordance with TMRW’s GTC.

 

XIX. Force Majeure

 

1.   Causes and circumstances (e.g. war, fire, flood, weather adversity, power outage, strike etc.) over which neither of the Parties to the contract have control – force majeure – that exempt any of the parties to perform their contractual obligations until this cause or circumstance subsists. The Parties to the contract agree that they are obliged to do their utmost to minimize the opportunities of these causes and circumstances taking place and by doing so remedy the damages caused or the delay as soon as possible.

 

XX. Legal disputes

 

1.   For issues not regulated above the contents of TMRW’s GTC, the individual contracts and the provisions of Act V. of year 2013 on the Civil Code (Ptk.) as well as the Hungarian statutory regulations shall be governing.

 

2.   By accepting the present GTC the contracting parties expressly acknowledge that for resolving legal disputes concerning the GTC and the contracts falling under the effect of it the Parties submit themselves to the exclusive decision of the Court of Arbitration at the Hungarian Chamber of Commerce and Industry in Budapest with the remark that the Court of Arbitration proceeds according to its own Procedural Regulations. The number of arbitrators proceeding is three. The Hungarian language shall be used in the course of the procedure.

 

Dated in: Budapest, 1 January, 2018

  

KViHotel Limited Liability Company