General terms and conditions

Phone:
+36 83 900 047

E-mail:
reservation(at)zalasprings(dot)hu

A Szerződő felek

GENERAL TERMS AND CONDITIONS
for Accommodation and Golf Services offered by
ZALA SPRINGS GOLF RESORT ZRT.
H-8784 Kehidakustány, Golf utca 1.

These General Terms and Conditions apply to accommodation and golf services offered by Zala Springs Golf Resort Zrt. and to any services made accessible by the Service Provider or any of its contractual partners against a payment or free of charge in the area of the Zala Springs Golf Resort.

1) Data of the Service Provider:

Company name:	Zala Springs Golf Resort Zrt.
Registered office:	H-8784 Kehidakustány, Golf utca 1.
Postal address:	H-8784 Kehidakustány, Golf utca 1.
Court registration number:	20-09-073387
Tax number:	24960551-2-20
Location of services:	The entire area of the Zala Springs Golf Resort, particularly the pieces of real estate registered under topographical numbers Zalacsány, 010/3 - 010/9 and 027 and Kehidakustány, 0144/5 - 0144/21 and 0148/1.
GPS coordinates:	46.822453,17.094343 46°49'20.8"N 17°05'39.6"E

The Service Provider informs the guests that the all-time applicable General Terms and Conditions, the Resort Rules and the privacy policy not forming part of these General Terms and Conditions may be accessed and read at and printed out from the website http://zalasprings.hu/ and its subsites; they can also be found at Zala Springs Golf Resort’s reception.

2) The Contracting Parties

a) The accommodation and golf services /hereinafter together referred to as the “services”/ offered by the Service Provider are used by the Guest. Services are any and all services made accessible by the Service Provider or any of its contractual partners against a payment or free of charge in the area of or related to the Zala Springs Golf Resort.

b) If the Services are directly ordered by the Guest, he or she shall be the Contracting Party.

c) If the order for accommodation services is not placed directly at the Service Provider by the Guest but through a third party, e.g. a tour operator or a travel agency /hereinafter referred to as: the “Agency”/, such Agency shall become the Contracting Party and the terms and conditions for the cooperation shall be governed by the agreement between the Service Provider and the Agency, whereas these General Terms and Conditions shall apply for any issues not regulated therein. In this case the Service Provider shall not be obliged to examine whether the Agency is the lawful representative of the Guest or not.

d) The Service Provider and Contracting Party are hereinafter referred to as: the “Parties”).

3) Way and terms of using the Services, general rules

a. Ordering the service:
The Service Provider shall reply to the Guest’s oral or written request by sending him or her a written offer. If an offer is not confirmed or no booking is made within 48 hours from sending such offer, the Service Provider shall further not be bound to its offer.

The agreement is concluded by the Guest’s oral or written booking being confirmed by the Service Provider in writing and shall thus qualify as a written agreement /hereinafter referred to as: the “Agreement”/. Oral bookings, arrangements, amendments or any oral confirmations by the Service Provider do not qualify as an Agreement. Offers and orders made only orally are not considered by the Service Provider as offers or orders. The Service Provider may at any time and particularly during peak periods and for special packages request from the Guest an advance payment of 10-50% (depending on the period), and the Service Provider will issue an extra invoice about such advance payment on the day it was credited to its bank account. The booking is guaranteed when the advance payment is credited to the Service Provider’s bank account. If the Guest fails to pay the advance money within 48 hours from being notified to do so, the Service Provider may delete the booking and shall further not be bound to its offer.

The order must include the name and address of the Guest, the precise time of arrival and departure, the type of the apartment and the precise denomination of related Services (meals, programmes), as well as the denomination and time of requested golf services. When placing the order, the Guest shall clearly identify the apartment type he or she intends to book.

Accommodation services may be used on condition that prior to occupying the apartment(s), Guests prove their personal identity in a manner stated by law. No one is allowed to live in any apartment without notice.

b. Cancellation:
If the Service Provider has not determined further conditions in its offer, cancellation and modification conditions are as follows: If cancellation is made until 16:00 o’clock of the 7th day prior to the provided arrival date latest, the Service Provider does not charge any extra fees. If cancellation is made within 7 days to the booked date or in case of a partially cancelled booking because of earlier departure, the Service Provider will be entitled to charge a penalty of 30% of the price for the accommodation service. The penalty may also be applied by way of set-off.

Any cancellation on the date of the arrival date provided in the booking or in case of no-show, the Service Provider shall charge a penalty of 50% of the price of the ordered accommodation service (but at least the price for one day’s stay). If the booking was not cancelled but the Guest does not show off, the Service Provider reserves the accommodation for the Contracting Party until 12:00 o’clock on the forthcoming day, whereupon the Service Provider shall further not be obliged to provide its service. The penalty may be set off against any payment already made by the Guest under any legal title (e.g. advance payment, earnest money). Is the Contracting Party a business entity (including business associations, social organizations, churches, local governments, local government institutions, state organizations and their institutions, etc.) the penalty due in case of withdrawal shall be paid to the Service Provider by the Contracting Party also if otherwise the price for the accommodation is paid directly by the person proceeding on behalf of such Contracting Party.

c. Catering attached to the service
The accommodation service may be used together with the catering – which may be breakfast or half-board – determined in the offer stated on the Service Provider’s website, if in this respect no other agreement is made.
If ordering half-board, meals are served twice per day per person in form of a breakfast plus a lunch or a breakfast plus a dinner.

The Service Provider serves main meals in form of a buffet. Depending on the number of guests the Service Provider may however also decide not to serve main meals in form of a buffet. In this case the Guest may choose from the menu and the all-time applicable extra charge of the half-board will be deducted from the menu prices.

d. Arrival to and departure from the accommodation:
i. The rooms may be occupied from 15:00 o’clock on the day stated in the agreement as arrival date and shall be left until 11:00 o’clock of the day stated in the agreement as departure date. Early check-in and late check-out are possible for an extra charge only and subject to room occupancy.

e. Special requests
The Service Provider accepts requests related to the booking only in writing and in advance until the arrival date latest, otherwise it does not accept any complaint in this respect, whereas the Service Provider is entitled upon its sole discretion to fulfil special requests and determine possible related extra charges. The Service Provider only distinguishes between apartment categories but not apartment conditions (e.g. between eastern or western situated apartments).

4) Costs of the Services:

Prices stated by the Service Provider include in each case the VAT determined in accordance with the law applicable at the time of issuing the respective invoice, but do not include any tourist tax to be paid at the place where the service is provided, except for offers where the Service Provider had particularly stated that “prices include tourist tax”. Prices moreover do not include neither costs of travel to and from the accommodation, nor the costs of the tourist guide. Prices are shown – based on Section 6 of the joint Decree of the Ministry of National Development and Economics and the Ministry of Social Affairs and Labour No. 4/2009 (I.30.) – as applicable at the place of providing the service and in the manner prescribed by law. The Guest may receive proper information at the Service Provider’s reception on prices for the services prior to such services being provided. The Service Provider reserves the right to change prices. All-time applicable prices are stated by the Service Provider in the confirmation of the offer. Applicable prices are stated on the Service Provider’s website (http://zalasprings.hu/).

The Service Provider and the Guest agree to consider the day when the Guest was provided the last Service (that is, when the Guest leaves or checks out from the accommodation) as the date of performing the provided service (Section 55 Paragraph (1) of the VAT Act).

5) Payment Conditions:

Ordered services may be paid by bank transfer, credit card guarantee or at the accommodation in cash or with any bank card accepted by the Service Provider (VISA, VISA Electron, V-Pay, MasterCard, Maestro and JCB), as well as with the Hungarian Széchenyi Pihenőkártya (SZÉP Card) and vouchers issued by the Service Provider and/or its contractual partners.

In case of payment by SZÉP Card, in order to accept the card, the Service Provider may request to pay for the service in advance and to present the Guest’s personal documents (valid ID card, driver license or passport) proving his or her identity. The Guest is obliged to answer the request of proving his or her identity. If the Guest’s identity is not proven for a reason not attributable to the Service Provider, the Service Provider may deny accepting a payment by SZÉP Card. In case of bank transfer – in absence of any deviating provision of the agreement concluded with the Contracting Party or the Agency – the Guest shall transfer the price of ordered services at a date enabling that such amount is credited to the Service Provider’s bank account prior to the Guest’s arrival.

Any costs arising from using any of the payment methods are borne by the Contracting Party.

6) Special services:

Programmes:
The Service Provider provides information to the Guest about programme offers and applicable prices at the time of booking or during his or her stay. Some programmes of the Service Provider may only start if a minimum number of participants is reached. The Guest shall make arrangements in respect of the programmes at the time of booking.

7) Claims:

a) The Guest shall notify the Service Provider about eventual claims in writing at the Reception until the time of his or her departure. The Service Provider must examine and respond in detail to claims within three days.

b) The right of the Guest to report claims expires upon departure from the accommodation site.

8) Refusal of performing the Agreement and expiry of the obligation to provide the service

The Service Provider may terminate the service Agreement with immediate effect and thus refuse to provide the services, if:

a) the Guest does not use the accommodation, the site serving for providing the services or the apartment put at his or her disposal properly;

b) the Guest violates the safety and order of the accommodation, behaves in an improper manner or is rude with employees, is under major influence of alcohol or drugs, of if his or her behaviour is threatening, offensive, insulting or otherwise unacceptable;

c) the Guest suffers from an addictive disease;

d) the Guest seriously violates the Resort Rules;

e) the Contracting Party fails to provide the advance payment or the earnest money until the deadline stipulated in the Agreement.

If the Agreement between the parties could not be fulfilled because of a force majeure, the Agreement shall terminate.

9) Resort Rules

The Service Provider provides its services in the area forming part of the Zala Springs Golf Resort golf village located at the outskirts of Kehidakustány and Zalacsány – currently on the real estates with the topographical numbers Kehidakustány 0144/5-8, 0144/11-21 and 0148/1 and Zalacsány 010/3-9 and 027 respectively – /hereinafter referred to as: the “Zala Springs Golf Resort”/. The Zala Springs Golf Resort is a golf village offering exceptional services. The heart of the complex is one of Central Europe’s most beautiful Robert Trent Jones II golf courses with an exclusive golf club. The Zala Springs Golf Resort consists further of different buildings already built or under construction (residence and holiday buildings, apartments) and of other establishments offering further ancillary services (e.g. restaurants). The goal of the Zala Springs Golf Resort is to offer high quality constructed and natural environment with services of exceptional quality to everyone – including residents, people on holiday, visitors and people relaxing (athletes) – at its premises at all times. The Service Provider is entitled to determine and issue the rules (including traffic rules, rules of conduct, security and protection, together hereinafter referred to as: the “Resort Rules”) applicable to everybody in the entire area of the Zala Springs Golf Resort. The all-time applicable Resort Rules may be reviewed at the golf club’s reception. By signing the Agreement, the Guest undertakes to comply with the Resort Rules. The Guest accepts that available services offered by the Zala Springs Golf Resort may be subject to further rules and regulations.

10) Pets in the area of the Zala Springs Golf Resort:

The Service Provider welcomes pets in accordance with the all-time applicable Resort Rules.

11) Safety of Data Processing

a) The Guest is liable for that the personal data provided by him or her are true.

b) Personal data provided by the Guest may only be accessed by the data controller’s employees. In absence of the prior and explicit consent of the data subject, the data controller does not transmit personal data to others than designated persons.

c) The Service Provider protects data particularly against unauthorised access, alteration, transmission, disclosure, erasure or destruction, as well as accidental destruction and damage.

d) The user accepts that based on the authorisation by law, the Service Provider is obliged to disclose personal data to requesting authorities if related legal conditions are met. The user is not entitled to object against data disclosure based on a court or administrative authority ruling.

Further details of the privacy policy may be accessed at the website http://zalasprings.hu/ and its subsites, as well as at the Zala Springs Golf Resort’s reception.

12) Confidentiality

When performing its contractual obligations, the Service Provider must comply with the provisions of the Act on the Protection of Personal Data and Public Access to Data of Public Interest.

13) Force Majeure

Any reason or circumstance (e.g. wars, terrorist attacks, fire, flood, acts of God, electricity shortages, pipe bursts, strikes) beyond the control of any party (force majeure) set the respective party free from his, her or its obligations stipulated in the Agreement until such reason or circumstance exists. In case of such circumstances, the affected party shall immediately notify the other party thereof in writing.

14) Liability for Damages

a) The Guest is liable for damages caused to the Service Provider or any other third party according to the applicable provisions of the Hungarian Civil Code.

b) The Guest is liable for any damage and loss suffered by the Service Provider or any third party caused by the Guest, persons in his or her company, others for the behaviour of whom he or she is liable, objects, pets, etc. Such liability also exists if the party suffering the damage is entitled to claim damages directly from the Service Provider.

c) The Service Provider shall indemnify the Guest for suffered losses in accordance with applicable provisions of the Hungarian Civil Code.

d) The Service Provider may determine restricted areas at the accommodation site where entering for Guests is prohibited. The Service Provider waives its liability for any damage or injury suffered in such restricted areas.

e) The Service Provider’s liability for securities, cash and other valuables shall exist if it has taken possession of the property for safekeeping (and issued an acknowledgement of receipt) and damages have occurred due to a cause for which the Service Provider is liable in accordance with the general rules and regulations. The Service Provider’s liability for property placed in such manner shall be unlimited. In such cases, the burden of proof shall be on the Guest.

f) Guests must immediately report any damage suffered by them to the Service Provider and shall forward to it any and all data required to clarify the circumstances of the incident or maybe required for the police records/police authority proceedings.

g) The Guest shall report any and all damages immediately after occurrence to the Service Provider. The Guest shall be liable for not filing the report, in which case the hotel shall be liable for damage in accordance with the general rules and regulations, but the burden of an unsuccessful proof shall rest with the Guest.

15) Place of Performance, Applicable Law and Jurisdiction

a) The place of performance is the location where the accommodation service is provided.

b) The Buda Regional District Court (Buda Környéki Járásbíróság) – and if the case falls into the competence of a tribunal the Székesfehérvár Tribunal (Székesfehérvári Törvényszék) – are exclusively competent for any and all issues arising from the Agreement.

c) The legal relationship between the Service Provider and the Guest is governed by Hungarian laws, particularly by the provisions of Act No. V of 2013 on the Civil Code.

The Service Provider and the Contracting Party unanimously declare to recognise the provisions of these General Terms and Conditions and possibly accepted complementary provisions for themselves as binding provisions and to fulfil them by choice and voluntarily.

These General Terms and Conditions apply for agreements concluded with both individual Guests and – in absence of any deviating mutual arrangement – groups, as well as with natural persons, companies and other entities.

Special conditions do not form part of these General Terms and Conditions; special conditions and individual arrangements with the Contracting Party are exclusively valid if done in writing. The Guest may receive information about special offers through the e-mail address reservation(at)zalasprings(dot)hu and the phone number +36 83 900 047. In case of any discrepancies between the Agreement concluded with the Guest and these General Terms and Conditions, the provisions of the Agreement shall prevail, but only for the respective discrepancy; otherwise these General Terms and Conditions apply.

The Guest declares to have become aware of the contents of these General Terms and Conditions and to have accepted them.