General Terms and Conditions

REGARDING THE BARÁTHEGYI MAJORSÁG OPERATED BY THE SZIMBIÓZIS FOUNDATION AND ITS SERVICE UNITS

1. Service Provider Information

Name of Service Provider: Szimbiózis a Harmónikus Együtt-létért Alapítvány (Symbiosis for Harmonious Co-existence Foundation)
Abbreviated Name of Service Provider: Szimbiózis Alapítvány (Symbiosis Foundation)
Registered Office of Service Provider: 3527 Miskolc, Augusztus 20. u. 12.
Phone: +36 30 681 4482
Service Provider’s E-mail Address: szimbiozis@szimbiozis.net
Representative of Service Provider: László Jakubinyi, Chairman of the Board of Trustees

2. General Provisions

These “General Terms and Conditions” (hereinafter referred to as GTC) govern the use of services of the Baráthegyi Majorság (3535 Miskolc, Majorság u. 7.) and its accommodations operated by the Service Provider.

These GTC do not preclude the conclusion of separate, special agreements with event organizers, service packages and program offers under conditions appropriate to the given business. If such a contract is concluded and the terms used therein differ from those in these GTC, the content of the contract concluded shall prevail.

3. Definitions

  • Service Provider: The Foundation specified in Chapter 1.
  • Guest: The person who actually uses the services of Baráthegyi Majorság and its accommodations (Baráthegyi Family-Friendly Guesthouse and Forest School), in the case of a minor guest, the adult or legal representative accompanying the minor, or, if arriving with an organized group, the group leader, and the person who orders any service of Baráthegyi Majorság and its accommodations.
  • Reservation: The Guest may use certain services of Baráthegyi Majorság (accommodation, program packages, team-building and other family or corporate events) based on a prior appointment.

4. Contracting Parties

The services provided by the Service Provider are used by the Guest. If the Guest places the order for the services directly with the Service Provider, the Guest shall be the Contracting Party. The Service Provider and the Guest together, if the conditions are met, become contractual parties (hereinafter: Parties or Contracting Parties).

If the order for services is placed with the Service Provider by a third party (hereinafter referred to as Intermediary) on behalf of the Guest, the terms of cooperation shall be governed by the contract concluded between the Service Provider and the Intermediary. In this case, the Service Provider is not obliged to examine whether the Intermediary legally represents the Guest.

5. Scope and Conclusion of the Contract

The Contract between the Parties:

  • in the case of online purchase, by communicating the confirmation sent by e-mail after the finalization of the Reservation,
  • in the case of booking a Reservation by transfer (credit card) after online booking, by communicating the confirmation sent by e-mail after the finalization of the Reservation,
  • in the case of offline booking, after settlement of the accommodation fee, program and/or service fee specified in the quotation.

Place of performance of the Services: The area of Baráthegyi Majorság.

6. Reservation

Information, quotations, and data provided orally or by telephone by the Service Provider to the Guest shall not constitute a Reservation.

The Service Provider shall only provide a quotation in response to the Guest’s written request for a quotation. If no specific order is received within the validity period indicated in the quotation, the Service Provider’s obligation to make an offer shall cease.

The Contract shall only be concluded:

  • upon written confirmation by the Service Provider of the reservation sent by the Guest in writing to the e-mail address barathegyipanzio@szimbiozis.net or
  • upon written confirmation by the Service Provider of an online reservation or purchase initiated on the Service Provider’s website (www.barathegy.com) and under the conditions stated therein, thus the confirmed reservation shall be considered a contract concluded in writing (hereinafter: Contract).

Any modification and/or supplement to the Contract shall require a written agreement approved by the Parties (email, signed printed document). Oral reservations, agreements, modifications, or verbal confirmation thereof by the Service Provider shall not be considered a contract.

The Contract for the use of accommodation services is for a specified period.

7. Prices

7.1 General Provisions

The current list prices applied by the Service Provider can be found on the website of Baráthegyi Majorság: www.barathegy.com

The Guest can always obtain information about the price of any service provided directly by Baráthegyi Majorság before the start of the service provision in writing from the e-mail address barathegyipanzio@szimbiozis.net or by phone at +36 30 647 3786.

The Service Provider may change its advertised prices without prior notice (e.g. due to package prices or other discounts). If the Guest has booked any service and the Service Provider has confirmed it in writing, the Service Provider may only change the confirmed price with the Guest’s written consent.

The published prices are gross prices, but do not include tourist tax (IFA), which is payable in addition to the list prices in case of using accommodation services.

Any discounts and special priced offers are announced on www.barathegy.com. The advertised discounts cannot be combined with any other discounts.

The Service Provider may stipulate conditions in a separate contract for the booking of products subject to special conditions, group bookings or events.

7.2 Accommodation Prices

In case of using accommodation, no separate accommodation fee is charged for children aged 0-2 years if the child sleeps in a cot. Extra beds can only be placed in certain types of accommodation.

Requests for extra beds and cots, as well as baby equipment (high chairs, changing tables, etc.) must be agreed in writing with the Service Provider in advance, at the same time as the booking.

8. Use of the Service

8.1 House Rules

The general house rules and visiting rules of Baráthegyi Majorság and its related accommodation services can be found at www.barathegy.com/latogatok-rendje.

8.2 Payment Methods

After the written booking and feedback from the Service Provider/Intermediary, the Guest is obliged to pay a 50% advance payment to the Service Provider.

The Guest may pay the remaining part of the service fee on the spot in cash or by credit card, or, based on prior agreement, if the Service Provider allows it, also by bank transfer.

In case of payment by bank transfer – unless otherwise provided in the individual agreement concluded with the Service Provider – the Guest is obliged to transfer the value of the ordered services to the Service Provider’s bank account before the specified day of arrival in such a way that the given amount is credited to the Service Provider’s bank account by the day of arrival or the transfer is certified by the Guest with an irrevocable statement issued by the Guest’s account-keeping financial institution confirming the transfer.

If the Service Provider makes the provision of the service conditional on the payment of an amount in advance, the amount to be paid is the amount communicated in the written confirmation. In the case of online booking, this amount appears on the website when the booking is finalized.

If the booking is canceled after the advance payment due to reasons attributable to the guest, the Guest is obliged to pay a penalty, the amount of which is up to the amount paid at the time of booking.

9. Liability of the Parties

9.1 General Provisions

Upon arrival at Baráthegyi Majorság, the Guest accepts the House Rules of the Experience Center and these General Terms and Conditions, and acknowledges that they use the playground equipment in the Majorság at their own risk. The Guest is also responsible for the minor child(ren) accompanying them and for ensuring that they also use the equipment in accordance with the House Rules, and also informs them about the GTC provisions applicable to them.

The Service Provider is not responsible for the behavior of other Guests.

The Service Provider makes every reasonable effort to operate the Service safely and in accordance with regulations, but is not responsible for any loss or damage suffered by the Guest because they did not use the attraction or its elements in accordance with the regulations or reasonably.

If one or more games cannot be used due to malfunction or maintenance, the Service Provider is obliged to rectify the fault as soon as possible, but the Guest is not entitled to a refund of the ticket price for this reason.

The Parties expressly exclude the Service Provider’s liability for damages under Section 6:143 (2) of the Civil Code (other damages and lost profits in the entitled party’s assets), regardless of whether these damages may be caused by the Service Provider’s breach of contract or tort. This limitation of liability does not affect liability for breach of contract caused intentionally, or causing damage to human life, physical integrity or health (Section 6:152 of the Civil Code), as well as liability for damage caused intentionally, or causing damage to human life, physical integrity or health (Section 6:526 of the Civil Code).

The Service Provider is entitled to suspend the operation of the entire Baráthegyi Majorság and accommodation service or a part thereof if the safety of the Guests requires it.

The Service Provider is entitled to refuse (not accept) the Guest’s booking in justified cases, such cases may include:

  • the Guest provides false or incomplete data,
  • in case of any abuse during the use of the service,
  • if the Guest’s behavior is not compatible with everyday norms, and
  • if the staff of Baráthegyi Majorság considers that the Guest is dangerous to themselves or other Guests, or exhibits behavior that is incompatible with norms and the use of public places.

If it can be assumed that the Guest does not use the equipment of Baráthegyi Majorság, Baráthegyi Family-Friendly Guesthouse and Forest School in accordance with the contract/or as intended, the Service Provider is entitled to immediately prohibit the Guest from using any further services of Baráthegyi Majorság and to ban the Guest. In justified cases or at the Guest’s express request, the Service Provider shall draw up a report on such an event.

The Guest is fully liable for damages for the proper and intended use of the games and equipment of Baráthegyi Majorság. The Service Provider excludes all liability for damages resulting from improper or unlawful use. In case of any damage, the Guest is obliged to compensate the injured party for the damage caused (material damage and loss due to delay).

The Guest is obliged to fully indemnify the Service Provider or a third party for any damage caused by the culpable conduct or omission of the Guest and the minor child accompanying them. This indemnification obligation extends to any claim, cost, arising from any claim, deficiency, damage, lawsuit or other official procedure, judgment or decision, procedural costs and attorney’s fees.

For liability insurance-technical reasons, any claim for damages must be reported immediately on the spot, with the recording of a joint report with the staff; secondly, the claim for damages must be named and quantified in writing within 3 calendar days from its occurrence.

9.2 Cancellation and Modification Conditions

In case of cancellation, if it fails due to reasons attributable to the Guest after the booking confirmation and the advance payment, the Guest is obliged to pay a penalty, the amount of which is up to the amount paid at the time of booking.

The Service Provider reserves the right to unilaterally modify the provisions contained in these GTC regarding the operation, use, opening hours and conditions and fees for entry of Baráthegyi Majorság at any time with future effect. Such modification does not extend to services already purchased and services secured with a service advance payment prior to the price change. The Service Provider publishes the changes to the GTC and the prices of services and entrance tickets on its website.

The Service Provider is entitled to terminate the Contract with immediate effect, thus refusing to provide the services, if:

  • the Guest does not use the provided accommodation, equipment or game, attraction properly,
  • the Guest does not comply with the rules laid down in the House Rules, or only partially complies with them,
  • the Guest behaves objectionably and rudely towards the employees, contrary to the order of Baráthegyi Majorság and the expected behavior,
  • the Guest is under the influence of alcohol or drugs,
  • the Guest exhibits threatening, offensive or other unacceptable behavior towards anyone,
  • the Guest suffers from an infectious disease,
  • the Contracting Party fails to fulfill its service advance payment obligation specified in the Contract by the specified date.

If the Contract between the Parties is not fulfilled due to “force majeure” reasons, the Contract shall terminate.

If the fulfillment of the entire service or a significant part thereof fails for some reason, the public will be notified on the website of the Experience Center www.barathegy.com, and registered Guests will also be notified by e-mail if possible, informing them about the possibilities of using the services already paid in part or in full.

10. Data Management

The Service Provider considers the protection of personal data to be of utmost importance in its activities. The personal data made available to it shall in all cases be processed in compliance with the applicable laws, ensures their security, takes the technical and organizational measures, and develops the procedural rules necessary to comply with the relevant laws.

In the course of its activities, the Service Provider uses the users’ data exclusively for the purpose of concluding contracts and invoicing in accordance with the data protection law, and – if the Guest consents to it – for its own advertising purposes.

The Guest agrees that the Service Provider may process the Guest’s data transferred or learned in connection with the Service in accordance with the provisions of the Data Management Information (www.barathegy.com/adatkezelesi-tajekoztato), and declares that it has the consent of the data subjects regarding the transferred personal data.

During the voluntary registration, as well as by entering Baráthegyi Majorság (implied conduct), the Guest agrees that the Service Provider may take group photos, group or scanning videos in the area of Baráthegyi Majorság and use them on the Service Provider’s online (website, Facebook, Youtube, etc.) surfaces.

If the Guest agrees, the Service Provider may send newsletters about the Service Provider’s events, promotions and interesting facts to the e-mail address provided by the Guest during registration. The Guest can unsubscribe from the newsletter at any time.

11. Complaint, Dispute Resolution, Jurisdiction Clause

The Guest may make a verbal/written complaint regarding the Service (in the complaint book placed in a well-visible place at the Service Provider), which the Service Provider shall examine immediately after becoming aware of it and take action if necessary, and shall respond to the written complaint in writing within 30 days.

If the Guest does not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, the Service Provider shall draw up a report on the complaint and its position, and hand over a copy of it to the Guest on the spot, in the case of a verbal complaint communicated by telephone or other electronic communication service, it shall be sent to the Guest at the latest at the same time as the substantive response in the following point. The Service Provider and the Guest shall primarily settle their legal disputes out of court, through negotiation.

In the event of a legal dispute between the Service Provider and the Guest, a complaint can be made in writing at the place of use of the service, at the Service Provider’s e-mail address szimbiozis@szimbiozis.net or at its postal address (3527 Miskolc, Augusztus 20 u. 12.), which the Service Provider will investigate and inform the Guest in writing by electronic message or by post about the result within 30 days at the latest. The Guest is entitled to request a written consultation from the Service Provider within 8 days from the receipt of the response if they do not accept what is written in the Service Provider’s information. If the consultation does not lead to a result within 14 days of the Service Provider’s receipt of the Guest’s request, the Guest may turn to a court, other authority, or conciliation body.

In the event of a consumer dispute, the Guest acknowledges that the competent authorities are the authorities geographically closest to Baráthegyi Majorság. In case of violation of their consumer rights, the Guest may file a complaint with the consumer protection authority competent for their place of residence.

12. Other Provisions

According to the Copyright Act, the Service Provider’s website www.barathegy.com qualifies as a collective work as a unique compilation, so this website and all content placed on it are protected by copyright. It is forbidden to use the external appearance of the website as a fine art work created with computer graphics, the software of the website, texts and regulations without the written permission of the Service Provider, or to use any application that can modify the website or any part thereof. Any material from the website and its database can be taken over after the written consent of the Service Provider with reference to the website, indicating the source. The copyright holder: the Service Provider.

The current text of these GTC is available and downloadable on the Service Provider’s website.

In matters not regulated by these GTC, the provisions of the Civil Code (Ptk.), Government Decree 45/2014 (II.26.) on contracts concluded between absentees and Act CVIII of 2001 on certain issues of electronic commerce services and information society services, as well as other relevant legal regulations shall apply.

13. Confidentiality

The Service Provider is obliged to act in accordance with the rules of Act CXII of 2011 on the right to informational self-determination and freedom of information (hereinafter: Data Protection Act) during the performance of its obligations under the Contract.

14. Force Majeure

Any cause or circumstance (for example; war, fire, flood, weather conditions, power outage, strike) over which the party has no control (force majeure) shall relieve any party from the performance of its obligations under the Contract as long as that cause or circumstance exists. The Parties agree to do everything in their power to minimize the possibility of these causes and circumstances occurring and to remedy any damage or delay caused thereby as soon as possible.

15. Applicable Law and Court of Jurisdiction in the Legal Relationship of the Parties

The provisions of Hungarian law shall govern the legal relationship between the Parties. In matters not regulated by these GTC, the relevant Hungarian legal regulations, in particular the provisions of the Civil Code, shall apply.

In the event of a legal dispute, the Parties stipulate the exclusive jurisdiction of the Miskolc District Court.

16. Entry into Force of the GTC

By concluding the Contract, the Guest acknowledges that they have read and understood the terms and rules contained in the GTC prior to the conclusion of the contract, agree with them and accept them in relation to their contract.

By concluding the Contract, the Guest acknowledges that the GTC may be modified. The current, up-to-date version of the GTC can be found on the website of Baráthegyi Majorság.

The Parties unanimously declare that in the event of a discrepancy between the specific terms of the Contract and the GTC, the provisions of the Contract shall prevail.

These GTC are valid until revoked.