Service Provider’s details:
- Company name: Aura Gold Kft.
- Registered office: 3519 Miskolc, Bencések útja 9–11.
- Company registration number: 05 09 014852
- Tax number: 14002627-2-05
General provisions
(a) These “General Terms and Conditions” (hereinafter: GTC) govern the conditions for using the accommodation facilities of the Calimbra Wellness and Conference Hotel**** Superior operated by the Service Provider at 3519 Miskolc, Bencések útja 9–11, and the related services provided by the Service Provider.
(b) These GTC do not exclude the conclusion of special or individual agreements with travel agencies, travel intermediaries, tour operators, or other persons who cooperate with the Service Provider on a long-term basis for the purpose of selling the Service Provider’s services.
Contracting party:
(a) The contracting party is the natural person, legal person, or business association without legal personality that orders and uses the Service Provider’s services. The contracting party is also the natural person who actually uses the Service Provider’s service. Hereinafter, the person ordering and/or using the service shall jointly be referred to as the Guest.
(b) The Service Provider and the Guest, subject to the fulfillment of the conditions, become the contracting parties to the service agreement as necessary (hereinafter jointly: the Contracting Parties).
Conclusion of the service agreement, booking process, modification of the booking:
(a) Based on the Guest’s request for an offer submitted in writing (by e-mail, via the booking system at https://calimbrawellnesshotel.hu/), the Service Provider shall send an offer to the Guest within 36 hours from receipt of the request. If the actual order is not received from the Guest in writing within 48 hours from sending the offer, the Service Provider shall be released from its obligation to keep the offer open and the Service Provider’s binding effect of the offer shall cease. The Service Provider accepts bookings only in writing from the Guest; verbal agreements are not valid.
(b) The service agreement is concluded by the Service Provider’s written confirmation of the order submitted by the Guest (booking), and in view of this written confirmation, the order (booking) qualifies as a contract concluded in writing. A verbally placed order and/or modification of an order creates a contractual obligation only if it has been confirmed by the Service Provider in writing; the Service Provider’s verbal confirmation of an order or an order modification does not create a contractual obligation.
(c) The contract concluded for the use of the service is for a fixed term.
(d) If the Guest permanently vacates the room before the expiry of the specified period for reasons within the Guest’s own sphere of interest, the Service Provider is entitled to the full consideration for the service stipulated in the Contract. The Service Provider is entitled to resell the room vacated before the expiry date.
(e) If the Guest decides before the expiry of the fixed term that they do not wish to use the service until the end of the fixed term, they are nevertheless obliged to pay the full consideration for the service to the Service Provider, and the Service Provider is entitled to claim the full consideration for the ordered service. The Service Provider is entitled to resell the room vacated by the Guest before the expiry of the fixed term.
(f) The Guest is entitled to extend the service only if the Service Provider gives its written consent no later than the day preceding the expiry of the fixed term.
(g) The service agreement may be amended exclusively by the joint written will of the Contracting Parties.
(h) A condition for using the accommodation service is that Guests prove their identity in accordance with statutory provisions before occupying the room. No one may stay in the hotel without registration.
Cancellation conditions:
(a) The Guest (customer) may cancel the booking free of charge if the intention to cancel is notified to the hotel in writing by midnight on the 14th day prior to arrival. In the event of cancellation at an earlier date than 14 days, a penalty of 50% is payable. In the event of cancellation within 7 days, or failure to cancel, the Service Provider is entitled to invoice 100% of the accommodation fee. In the event of cancellation beyond 14 days, we can refund the deposit reduced by the bank commission.
(b) If the Guest (customer) can no longer cancel the booking free of charge, the Service Provider provides the option for the Guest (customer) to send another person in their place to use the accommodation. The Guest (customer) must inform the Service Provider in writing if another person will use the booking.
(c) The Service Provider reserves the right, for products subject to special conditions (e.g. promotional offers, non-cancellable and non-modifiable offers), as well as in the case of group travel or events, to determine conditions different from the above in an individual contract.
(d) If the Guest does not arrive despite a paid room reservation (no show), the hotel shall consider the paid accommodation fee as used. The deposit or accommodation fee paid by the Guest becomes the property of the hotel; in exchange for the paid deposit, the hotel provides no service.
(e) The Service Provider draws Guests’ attention to the possibility of taking out travel insurance in case of cancellation.
Prices applied by the Service Provider:
(a) The hotel’s room rates (Rack Rate) are available at the hotel reception and on https://calimbrawellnesshotel.hu/.
(b) The Service Provider is entitled to change its prices at any time without prior notice; however, this does not apply to prices already offered in a quotation provided at the request of the contracting party.
(c) When communicating prices, the Service Provider must indicate the statutory rate of the tax content of the prices (e.g. value added tax, tourist tax). The Service Provider reserves the right, in the event of a change in legislation, to pass on additional burdens to the contracting party and/or the Guest without prior notice. (d) The Service Provider is entitled to set its prices in Hungarian forints and in any convertible currency.
(e) The Service Provider undertakes to publish its current hotel room rates, current promotions, discounts and other offers on the website it operates at https://calimbrawellnesshotel.hu/.
(f) In the case of cooperation and guest referral with travel agencies (tour operator), in the absence of a cooperation agreement the Service Provider issues a gross invoice (including commission and VAT); payment of commission is possible upon presentation of the tour operator’s commission invoice. In the case of a contracted partner, the contractual price agreed in the contract shall be invoiced.
Method of payment and its guarantee:
(a) The Service Provider indicates the full amount of the ordered services for the entire stay on the written confirmation sent to the Guest. The Service Provider is entitled to request a deposit from the Guest. The amount of the deposit is determined by the Service Provider and may vary depending on the season and the offer. The Guest shall transfer the deposit amount according to the written confirmation to our bank account within 3 calendar days after the confirmation, or the amount shall be credited to us via the Guest’s bank from the Guest’s SZÉP Card. If 1–7 days elapse between booking and arrival, the Guest is obliged to pay the deposit within 24 hours. In the case of gifting, the full package price must be paid in advance. The Service Provider issues an advance invoice to the Guest on the day the deposit is received. This is when the booking becomes guaranteed.
(b) The Guest may pay the deposit amount calculated for the period of stay in several ways: by bank transfer to our bank account, by having the amount credited to us via the Guest’s bank from the Guest’s SZÉP Card, or by payment by postal cheque. Any costs incurred in connection with payment shall be borne by the contracting party.
(c) The Service Provider reserves the right to request a guarantee from the contracting party or the Guest for the settlement of the consideration for extra services used by the Guest, i.e. services arising from on-site consumption beyond the ordered services. Such guarantees may include the following:
- a) credit card guarantee: depending on the length of stay, a fee advance (deposit) is determined, which is blocked on the credit card until departure.
- b) service fee advance: the deposit may also be paid in cash upon arrival. The unused amount will be refunded upon departure.
(c) The contracting party is entitled and obliged to pay the consideration for the service in Hungarian forints and/or, at its choice, in any currency that the Service Provider has announced as accepted in the notice displayed at the reception and/or on the website https://calimbrawellnesshotel.hu/. If payment for the services is made wholly or partly in a currency other than Hungarian forints, conversion shall be based on the MNB (National Bank of Hungary) official middle exchange rate of the day preceding the issuance of the invoice. The Service Provider ensures that the hotel reception provides information upon request regarding the buying exchange rate forming the basis of conversion and invoicing.
(d) The Service Provider also accepts cashless payment instruments for settling the consideration for the service(s) (e.g. debit card, credit card, cafeteria instruments, and—based on a separate agreement—voucher, coupon); the current list of such instruments may be viewed at the hotel reception upon request.
(e) The Service Provider may, at its discretion, pass on to the contracting party any costs related to the use of any non-cash payment instrument. The Service Provider undertakes to provide information on such pass-through costs upon the contracting party’s prior request, if required.
(f) The Service Provider charges the Guest’s consumption in the hotel’s catering units to the room account, or the Guest may pay in cash at the reception.
Method and conditions of using the service:
(a) The Guest may occupy the ordered room confirmed by the Service Provider from 15:00 on the day of arrival (check-in) and must vacate it by 10:00 on the last day of stay (check-out).
(b) If the Guest wishes to occupy the room on the day of arrival before the check-in time specified in Section 8(a), this may be done subject to prior written arrangement and depending on available capacity.
(c) If the Guest wishes to vacate the room on the day of departure after the check-out time specified in Section 8(a), this may be done subject to prior written arrangement and depending on available capacity, against an additional charge, until 13:00 at the latest.
(d) The Service Provider does not allow the accommodation or bringing of pets for its Guests. (b) The Service Provider is entitled to terminate the accommodation service agreement with immediate effect or to refuse to provide the service if:
- a) the Guest does not use the room made available to them and/or the services provided by the Service Provider and/or the premises serving to provide such services as intended,
- b) the Guest disrupts the hotel’s house rules and does not cease the disruptive behavior despite being warned,
- c) the Guest does not comply with the hotel’s safety regulations (e.g. smokes in a prohibited place and does not stop despite being warned),
- d) the Guest behaves objectionably or rudely towards the hotel’s employees or guests, is under the influence of alcohol or drugs, or displays threatening, insulting or other unacceptable behavior,
- e) the Guest suffers from an infectious disease or a disease that disturbs the peace of other guests. Incontinent guests and guests who are unable to care for themselves are also not entitled to use the hotel’s services.
- f) the contracting party or the Guest fails to fulfill the obligation to provide the payment guarantee requested by the Service Provider by the deadline set by the Service Provider.
(f) If the contract between the Contracting Parties cannot be fulfilled due to force majeure, the contract shall terminate.
(g) The Guest uses all hotel services at their own responsibility for the entire duration of the stay. (c) In the case of purchasing a voucher/coupon, the Service Provider is only able to accept the terms of use corresponding to the voucher/coupon purchased by the Guest.
Provision of services:
(a) If, due to its own fault—especially overbooking or temporary operational problems—the Service Provider cannot provide the ordered services, it is obliged to arrange accommodation for the Guest.
(b) Within the scope of its obligation undertaken in subsection (a), the Service Provider is obliged to:
- a) offer and, upon the Guest’s acceptance, provide the services confirmed in the order at the price indicated therein, for the period stipulated there (or until the obstacle ceases), at another accommodation facility of the same category. Any additional costs of providing substitute accommodation shall be borne by the Service Provider.
- b) upon request, provide the Guest with the opportunity to make one telephone call free of charge so that they can inform the person designated by them about the change of accommodation.
- c) provide free transfer for the Guest to move to the offered substitute accommodation and for any return transfer.
(c) If the Service Provider fully complies with its obligations set out in subsection (b), and/or if the Guest accepts the substitute accommodation offered to them, the Guest may not subsequently claim compensation.
Guest’s rights:
(a) Under the contract, the Guest is entitled to use the ordered room and those facilities of the accommodation that fall within the usual scope of services and are not subject to special conditions.
(b) The Guest may submit a complaint regarding the performance of the services provided by the Service Provider. The Service Provider undertakes to investigate a complaint submitted in writing or presented verbally at reception and recorded in minutes, within 72 hours of receipt of the complaint, and to provide the Guest with a substantive response.
Guest’s obligations:
(a) The Guest is obliged to settle the consideration for the services ordered under the contract to the Service Provider no later than in the manner and by the deadline specified in the contract.
(b) The Guest is obliged to report any damage suffered immediately at the hotel reception and to provide the hotel with all necessary data required to clarify the circumstances of the damage event and/or required for any administrative offence or criminal proceedings.
Guest’s liability for damages:
(a) The Guest is liable for all damages suffered by the Service Provider or third parties caused by the Guest, their companion, or persons under the supervision of any of these persons.
(b) The Guest’s obligation to pay compensation also exists if the injured party is entitled to demand compensation for their damage directly from the Service Provider.
Service Provider’s rights:
(a) If the Guest fails to fulfill their obligation to pay the fee for services used, or ordered but not used, the Service Provider is entitled to a lien to secure its claims on the Guest’s property brought into the hotel.
(b) For property and accident protection reasons, the entire hotel area is equipped with security cameras. By entering the hotel, the Guest consents to a recording being made of them. Recordings are stored by the electronic system for 7 working days and are then automatically deleted.
Service Provider’s obligations:
(a) The Service Provider is obliged to perform the accommodation and other services ordered under the contract in accordance with applicable regulations and service standards.
(b) The Service Provider is obliged to investigate the Guest’s written complaint and to handle the problem.
Service Provider’s liability for damages:
(a) The Service Provider assumes liability for any damage suffered by the Guest within the hotel building that occurred due to the fault of the Service Provider or its employees.
(b) The Service Provider’s liability does not extend to damage events that occurred due to unavoidable reasons beyond the scope of the Service Provider’s employees and guests, or that were caused by the Guest or persons under their supervision.
(c) The Service Provider reserves the right to designate areas within the hotel that the Guest may not enter. The Service Provider is obliged to clearly mark such areas. The Service Provider assumes no liability for damages suffered by the Guest or persons under their supervision in areas that the Guest may not enter.
(d) The Service Provider’s liability for damages exists only if it is reported immediately at the reception after the occurrence of the damage, together with the necessary data.
(e) The Service Provider’s liability does not extend to the contracting party’s luggage and its contents upon arrival and departure, during loading and unloading, and during transport to and from the apartment.
(f) The extent of the Service Provider’s liability for damages is at most five times the amount of the daily apartment rate under the contract.
Guest’s illness:
(a) If the Guest falls ill during the period of using the accommodation/service and the Service Provider becomes aware of this, the Service Provider is obliged to offer medical assistance to the Guest, provided that the costs of the offered and accepted medical assistance are borne by the Guest. If the doctor establishes an infectious disease, the Service Provider is entitled to refuse further service. Any additional costs incurred due to early departure from the hotel shall be borne by the Guest.
Confidentiality:
(a) In the course of fulfilling its contractual obligations, the Service Provider is obliged to act in accordance with Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information and the relevant data protection laws and—if the Guest has informed the Service Provider accordingly—also in accordance with the contracting party’s relevant internal rules.
Force majeure:
(a) Reasons and circumstances (e.g. war, fire, flood, adverse weather conditions, power outage, pipe burst, strike, etc.) beyond the control of the Service Provider, the Guest or the contracting party (force majeure) release any party from fulfilling its obligations under the contract for as long as such reason or circumstance exists. The Contracting Parties agree that they will do everything possible to minimize the possibility of such reasons and circumstances occurring and to remedy any damage or delay caused thereby as soon as possible.
Applicable law and competent court in the legal relationship of the Contracting Parties:
(a) The provisions of Act V of 2013 on the Civil Code of Hungary shall apply appropriately to the legal relationship between the Contracting Parties.
(b) For the conduct of litigation related to disputes arising from the contract, the Contracting Parties stipulate the exclusive jurisdiction, based on submission, of the Miskolc City Court; in the case of jurisdiction of a court of general jurisdiction (county court), the Miskolc Regional Court shall have exclusive jurisdiction.
Effective date: Miskolc, 6 January 2014.
Imre Ostorházi
Managing Director
