General Terms and Conditions
GENERAL TERMS AND CONDITIONS
(hereinafter: GTC)
1. General provisions
These General Terms and Conditions govern the trips organized by EURO TRAVEL INTERNATIONAL KFT. (registered office: 1062 Budapest, Andrássy út 61, company registration number: 01 09 896156, MKEH license number: U-000951, Tax number: 14264139-2-42, phone number: ………………………, email address: ……………………………………………., bank account number: ……10918001-00000039-81930003 HUF…………), as Tour Operator (hereinafter: Tour Operator), in accordance with Act V of 2013 on the Civil Code, Government Decree 2013/1996. (XII.23.), Government Decree 218/2008. (XI. 28.), Directive 90/314/EEC on package travel, and the provisions of these General Terms and Conditions (hereinafter: GTC).
Fogalmak
Tour operator: a person who organizes non-occasional travel forms and sells or offers them for sale directly or through an intermediary.
Travel Agent: a person who sells or offers for sale an organized travel package assembled by the Tour Operator.
Travel package: a travel service where the Tour Operator provides a pre-determined combination of at least two out of transportation, accommodation, and other tourist services (such as meals, guided tours, entertainment, or cultural programs), such that
a) specifies the service fee for all partial services in an aggregated lump sum (participation fee), regardless of how the individual partial services are invoiced, and
b) the partial services cover a period longer than 24 hours or the service includes overnight accommodation.
Durable medium: a device that allows the Passenger to permanently store the data addressed to them for a period appropriate to the purpose of the data, and to display the stored data in an unchanged form and content.
2. Content of the contract
2.1. The Travel Contract comes into effect upon the Traveler's acceptance of these GTC and the crediting of the advance payment/full participation fee to the Tour Operator's bank account.
2.2. The Travel Contract, or any amendment thereof, must be concluded in writing and made available to the Passenger on paper or – if the contract has been captured in an electronic document – on another durable medium.
2.3. The Passenger acknowledges that the Tour Operator's website (www…………) or any offline platform may contain the services offered by the Tour Operator and their prices, however, this information may change either according to the Passenger's individual needs or due to other circumstances. The parties expressly agree on the possibility of deviation from the website content.
2.4. It is the Passenger's responsibility to provide the travel documents (passport, visa) and other documents required for the trip, to meet the prescribed health requirements, and to ensure the minimum daily currency allowance that may be mandatory for staying in the destination country. The Passenger undertakes to meet the prescribed health requirements before the start of the trip and to certify this to the Tour Organizer. The Passenger is obliged to observe and respect the laws and traditions of the host country.
The Traveler is responsible for the safekeeping and supervision of their luggage during the journey.
The Passenger is obliged to refrain from consuming alcohol while using the travel service.
The Passenger is obliged to perform a Covid and influenza test before the trip if they experience symptoms of these illnesses. If the test is positive, they cannot use the services of the Tour Operator.
If the Passenger fails or breaches his obligations listed in this point, he is obliged to fully compensate the Tour Operator for its damage (additional costs), the Passenger may be excluded from using the services, and his application for a new trip may be rejected.
The Passenger is directly liable for any damage caused to a third party by the Passenger during the trip.
2.5. At the time of concluding the Travel Contract, the Passenger is obliged to pay the amount indicated on the website for the given trip as an advance. If the Travel Contract is concluded within 30 (thirty) days before the start of the trip, the Passenger is obliged to pay the full amount of the participation fee to the Organizer. If the Passenger does not pay the full amount of the participation fee by the specified deadline, the Organizer may withdraw from the contract, and the Passenger may be excluded from the trip; however, in this case, the Passenger is obliged to pay a penalty equal to 30% (thirty percent) of the participation fee.
2.6. By signing these GTC, the Passenger acknowledges that the participation fee does not include the cost of accident, illness, luggage, and cancellation insurance, resort fees, tourist tax, airport and port taxes, ticketing fees, mooring fees, and various surcharges.
2.7. The Tour Operator reserves the right to increase the participation fee if
a) transportation costs (including fuel costs)
b) due to changes in taxes, duties, and other mandatory charges (e.g., resort fees, mooring fees, airport taxes) related to partial services undertaken in the Travel Contract.
The reason for the price increase must be communicated to the Passenger in writing simultaneously with the notification of the price increase. If the extent of the price increase exceeds 8% (eight percent), the Passenger is entitled to
a) withdraw from the Travel Contract in writing, or
b) if they accept the changes, it qualifies as a contract amendment.
The Passenger is obliged to inform the Tour Operator of their decision without delay. If the Passenger remains silent after being informed, does not make a statement regarding the modification of the contract, or does not send a written declaration of withdrawal, the parties shall consider this as the Passenger's withdrawal based on Section 6:4 of the Civil Code.
2.8. If the Passenger exercises their right of withdrawal as defined in point 2.7., they are entitled to the following rights:
a) the Passenger may claim a substitute service of the same or higher value as the original, if the Tour Operator is able to provide such service;
b) if the Tour Organizer is unable to provide the substitute service, or the Passenger does not accept the substitute service offered, the Tour Organizer is obliged to immediately refund the full amount paid.
2.9. If the destination or the route leading to it touches an area which – after the conclusion of the travel contract – is included in the list of countries and regions designated as “not recommended for travel” on the website of the central administrative body responsible for foreign policy, the Tour Operator is obliged to provide an equivalent or higher value substitute service.
If the Tour Operator is unable to provide the substitute service, or if the Passenger does not accept the substitute service offered, the Passenger is entitled to withdraw from the Travel Contract, and the Tour Operator is obliged to immediately refund the full amount paid, but is not liable for compensation or interest payments beyond this.
The Passenger is obliged to inform the Tour Operator of their decision without delay. If the Passenger remains silent after being informed, does not make a statement regarding the modification of the contract, or does not send a written declaration of withdrawal, the parties shall consider this as the Passenger's withdrawal based on Section 6:4 of the Civil Code.
2.10. The Tour Operator may withdraw from the travel contract by written declaration at least 20 (twenty) days before the start of the trip.
If the Tour Operator withdraws from the Travel Contract for a reason not arising in the Passenger's sphere of interest, the Passenger
a) is entitled to a substitute service of equal or higher value if the Tour Organizer can provide such a service;
b) if the Tour Operator is unable to provide the substitute service, or the Passenger does not accept the substitute service offered, the Tour Operator is obliged to refund the full amount paid within 5 working days;
c) the Tour Operator is obliged to compensate the Passenger for damages incurred as a result of the withdrawal, unless
ca) the Tour Operator withdrew due to an external circumstance beyond their influence, control, and reasonably unavoidable, which they could not foresee and could not have reasonably foreseen at the time of concluding the contract (hereinafter: “force majeure”), or
cb) the number of applicants does not reach the advertised minimum number of participants and the Tour Organizer informed the Traveler in writing of their withdrawal 20 (twenty) days before the start of the trip.
2.11. Penalty.
The Passenger is not obliged to pay a cancellation fee,
a) if your cancellation occurs more than 60 (sixty) days before the start date of the trip, or
b) if the circumstances set forth in Section 8 (2) and (6) of Government Decree 281/2008. (XI.28.) arise.
Pursuant to the authorization of Section 8 (8) of Government Decree 281/2008. (XI.28.), the Tour Operator is entitled to a cancellation fee in case of the Passenger's withdrawal, as follows:
a) in case of the Passenger's withdrawal no later than 50 (fifty) days before the start of the trip, 10% (ten percent) of the participation fee;
b) in case of cancellation by the Passenger not earlier than 45 (forty-five) days prior to the start of the trip, 50% (fifty percent) of the total participation fee;
c) in case of cancellation by the Passenger not earlier than 30 (thirty) days prior to the start of the trip, 70% (seventy percent) of the total participation fee;
d) if the Passenger cancels within 14 (fourteen) days prior to the start of the trip, 100% (one hundred percent) of the full participation fee.
e) in case of trip cancellation, an administration fee is payable, which is gross 15,000 Ft /Person.
2.12. Amendment of travel contract
The Organizer is obliged to fulfill the Passenger's request for modification of the Travel Contract only if the Passenger pays an amount equal to 10% (ten percent) of the full participation fee. Before the start of the trip, the Passenger may transfer their rights and obligations arising from the Travel Contract to a third party who meets the conditions specified in the travel contract. The Passenger and the third party replacing them are jointly and severally liable for obligations arising before the transfer and for additional costs resulting from the transfer.
2.13. Defective performance
The Tour Operator is responsible for the performance of services undertaken in the Travel Contract. The Tour Operator's liability for damages arising from the non-performance or faulty performance of the Travel Contract is limited to a maximum of twice the total amount of the service fee (participation fee).
In the event of faulty performance of the services undertaken in the Travel Contract, the Passenger shall immediately notify their complaints to the tour guide, or in their absence, to the local service provider. The Passenger is responsible for any damage resulting from late notification. The tour guide is obliged to report the complaint to the local service provider. The tour guide is obliged to record the Passenger's notification and the fact of its communication to the local service provider in a protocol and hand over a copy of it to the Passenger. The tour guide is obliged to immediately inform the Tour Organizer and take the necessary measures. In the absence of a tour guide – if the local service provider has not remedied the complaint – the Passenger is obliged to notify the Tour Organizer at the phone number +36 …………….. or at the e-mail address ……………………..
If the Traveler's complaints are not settled on the spot, claims arising from faulty performance must be submitted immediately in writing after returning home, accompanied by the minutes. If the Traveler concluded the Travel Contract through a travel agent, their warranty and compensation claims related to the performance of the Travel Contract may also be reported to the travel agent, who is obliged to forward them immediately to the Tour Operator.
The Tour Operator is exempted from liability,
a) if the shortcomings in performance are attributable to the Passenger's conduct,
b) if the error is attributable to the conduct of a third party not involved in the provision of the service undertaken in the Travel Contract, and the error could not have been foreseen by the Tour Operator under reasonable expectations, or could not have been prevented by them,
c) in case of force majeure.
The Tour Operator is obliged to provide assistance to the Passenger even in the above cases, should they encounter difficulties.
The Tour Operator is responsible for the conduct of any subcontractor used to provide the service as if it had acted itself, unless the subcontractor's liability is regulated or limited by an international agreement proclaimed in law.
If the Tour Operator fails to fulfill its obligation to repatriate the Passenger or to refund the advance payment or participation fee, the Passenger may contact the EUB to enforce their claim.
2.14. The Tour Operator is not liable for damages resulting from delays or cancellations of transportation.
2.15. If the Passenger does not act in person when concluding the Travel Contract, their authorized representative, acting on the basis of a private document with full evidentiary value, is entitled to act on their behalf, but the Passenger becomes the subject of the rights and obligations arising from the Travel Contract. The entrusted person is obliged to immediately hand over to the Passenger all documents and information that came into their possession regarding the Travel Contract and the established legal relationship.
3. Miscellaneous provisions
3.1. The person acting on behalf of other Passengers based on authorization during the conclusion of the Travel Contract (hereinafter: Agent) declares that they possess full representative and declaration-making authority from the Passengers they represent, and their authorization extends to the advance payment of the participation fee, as well as the disposal of the full participation fee. If the attached authorization is not valid or effective, and the rules of unauthorized agency must be applied to the Agent's actions, the acting person bears full liability for damages and costs arising therefrom.
The Agent, on behalf of the Passengers represented by the authorization, declares that they have received full information regarding their rights and obligations as set forth in the GTC, have read the content of the GTC, understood its provisions, and acknowledge the provisions establishing obligations in the GTC as binding upon themselves.
3.2. By signing this GTC, the Passenger consents to the Organizer processing their personal data necessary for the trip for the purpose of fulfilling the contract, and for the purpose of informing the Passenger for business purposes, in full compliance with legal requirements. The Passenger acknowledges and accepts that the Organizer is entitled to record verbal and written communication between the Parties during the entire duration of the service – including communication preceding the establishment of the legal relationship – for specific purposes within the framework defined by law.
3.3. The Passenger agrees that the Tour Operator may take images and video recordings during the trip, in which the Passenger may occasionally appear. The Passenger agrees that the Tour Operator may publish these recordings for promotional and marketing purposes, either online or in print.
3.4. If one or more provisions of these GTC become wholly or partially invalid due to a change in legislation, or violate any legal provision, this shall not affect the remaining parts of these GTC. The invalid part shall be replaced by a provision conforming to the effective laws without a separate amendment to the contract.
3.5. The Parties shall attempt to settle any disputes out of court, amicably. Should this fail, they stipulate the jurisdiction of the Budapest II. and III. District Court.
3.6. The Tour Organizer excludes all responsibility for any typos or printing errors that may occur in publications.
3.7. By signing and accepting these GTC, the Passenger declares that the Tour Organizer has adequately informed them about the rules and procedures applicable in the case of a minor's travel abroad, including but not limited to the possibility of direct contact with the child or the person designated and responsible for the child at the child's place of stay. The Passenger declares that they are aware of this information and consider its content binding upon themselves.
3.8. Declarations under this contract shall be deemed to be in writing if signed by the declaring party, or if communicated in a form that allows for the unaltered reproduction of the content of the declaration, and the identification of the declarant and the time of declaration. In view of all this, the Tour Operator expressly draws the Passenger's attention to providing an email address during contract conclusion that they use regularly and to which only they have access, as letters received from the referenced email address will be accepted by the Tour Operator as the Passenger's declaration.
3.9. In the case of organizing group travel (exceeding 1 person), the representative acting on behalf of the group declares that they have full representative, declarative, and procedural authorization from the applicants. Their authorization extends to disposing of the advance payment and the full participation fee. They undertake full legal and financial responsibility for the complete fulfillment of the contract concluded with the Tour Operator.
3.10. By signing this document, the undersigned irrevocably declares that I have taken note of the provisions contained in the Travel Agreement, have received specific warning information regarding the use of the service, its essential characteristics, conditions, and the content of this agreement, and subsequently consider the provisions contained therein as binding upon myself.
By signing this document, I, the undersigned, declare that I have received separate information about other fees that may be payable in addition to the participation fee, penalties to be charged in case of breach of contract, and cancellation fees, which I expressly accept.
Budapest, 2024. ……………………………………
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Passenger name in block letters
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Passenger's signature