Terms & Conditions
GENERAL TERMS AND CONDITIONS OF CONTRACT
1. Contracting parties, definitions
1.1. “Service provider”: the contracting Party providing services, which hands over the Apartment for the Guest for fee in accordance with the provisions of the Contract.
Service provider’s data:
Company name: Avantgarde Management Kft.
Registered office: 1061 Budapest, Paulay Ede utca 3.
Tax number: 25156098-2-42
Phone number: +36-1-445-2229
Email address: firstname.lastname@example.org
Bank account number: 12010611-01550566-00100001
Address of the “Service provider’s customer service office”: 1075 Budapest, Kazinczy utca 9.
Opening hours of Service provider’s customer service office are the following: Monday-Sunday 9 a.m.-10 p.m.
“Service provider’s website”: www. avantgardebudapest.com
1.2. “Guest”: Contracting party concluding the Contract with the Service provider, and who uses the Service.
1.3. “Contract”: contract concluded according to Section No.3. of the General Contract Terms between the Service provider and the Guest regarding the Service.
1.4. “Service”: exclusive, temporary use of the Apartment for fee, for the purpose of accommodation.
1.5. “Apartment”: real property, specified with precise data in the Contract, which may be used temporarily, for the purpose of accommodation by the Guest.
1.6. “Arrival day”: first day of the providing of Service specified in the Contract.
1.7. “Departure day”: last day of the providing of Service specified in the Contract.
1.8. „Flexible”: The Guest may cancel the Reservation under the provision of the above Section No 6.1.
1.9. „Non Refundable”: The Guest is not entitled for the right of cancellation. The Guest shall pay the full amount, The fee is not refundable.
2. Purpose of the General Contract Terms
2.1. The purpose of the present Terms and Conditions of Contract (hereinafter: “General Contract Terms”) is to regulate the terms and conditions of the legal relationship between the Service provider and the Guest (hereinafter jointly referred to as: “Parties or Contracting Parties”, separately referred to as: “Party”). The General Contract Terms constitutes the inseparable appendix of the Contract.
2.2. The Guest has known and learned all of the provisions of General Contract Terms on the Service provider’s website or in the Service provider’s customer service office, and has acknowledged these provisions as binding on itself. In case there are contradictory provisions between the Contract – including the conditions of providing the Service set forth on the Service provider’s website or in the Service provider’s customer service office – and the General Contract Terms, the provisions of the Contract shall prevail.
3. Reservation method, conclusion and term of Contract
3.1. The Guest can reserve the Service (hereinafter: “Reservation”) online on the Service provider’s website by following its instructions. By making a reservation the Guest accepts the conditions pertaining to the Service set forth on the Service provider’s website, which conditions constitutes part of the Contract. If the Reservation is made through a website other than the Service provider’s website, the conditions regarding the conclusion and content of the contract shall be applied accordingly as well.
3.2. The Contract is concluded and comes into effect by the acceptance (confirmation) of the Guest’s Reservation by the Service provider through electronic way. The confirmation is done by the Service provider with an electronic confirmation mail which contains the data of the Reservation, and the appendix of that mail is the General Contract Terms known and accepted by the Guest. The Contract concluded in that way is qualified as a written contract.
3.3. If the Guest has not made online Reservation, the Contract may be concluded in the Service provider’s customer service office by signing the individual written contract or check in card.
3.4. If the Guest would like to modify its Reservation following the conclusion of the Contract but before the use of Service, the modification is valid and applicable only if the Service provider has accepted and confirmed that modification in writing.
3.5. The Contract is concluded for a definite period of time (hereinafter: “Definite term”) which was included in the Guest Reservation and accepted by the Service provider.
In the event of the Guest leaves the Apartment definitively before the expiry of the Definite term, the Service provider is entitled for the full fee of the Service stipulated in the Contract, and is entitled to make the Apartment available for other persons.
The Guest is entitled to extend the Definite term only with the prior written consent of the Service provider.
If the Reservation is made for more than 8 persons, the Service provider is entitled to debit the Guest's bank card with the 50% of the fee of Service as a non-refundable deposit.
4. Fees of Service
4.1. The fees of the Service can be found on the Service provider’s website.
4.2. The Service provider may modify the fees of the Service only before the Contract has been concluded.
4.3. The current discounts regarding the fees of Service can be found on the Service provider’s website.
4.4. The fees do not include the 4% city tax , which the service provider is entitled to charge in advance.
4.5. The euro prices are indicative , the debit is in Forint on the current daily sell rate of OTP Bank which is also indicated in the reception.
5. Payment methods
5.1. If the Guest makes its Reservation and thus concludes the Contract in the Service provider’s customer service office, the Guest shall pay the full amount of the fee of Service before the handover of the Apartment in cash or by bank card.
5.2. If the Guest makes its Reservation online, the Guest shall pay the fee of Service either by immediate or regular payment as follows.
Immediate payment (Prepaid or NON REF):
The Guest shall pay the full amount, reduced by discount, of the fee of Service during making the Reservation, by making immediate payment with bank card through the payment system offered by the Service provider’s website. In case of immediate payment the Guest is entitled to discount set out on the Service provider’s website.
If the Guest does not make immediate payment, during making the Reservation the Guest shall give to the Service provider the data of the Guest’s valid bank card number, and shall undertake to pay up the full amount of the fee of Service at the Arrival day before the handover of the Apartment, in the Service provider’s customer service office. The Guest expressly accepts that if the Guest fails to fulfill its payment obligation and the Guest has not cancelled its Reservation in accordance with Section No. 6 of the General Contract Terms, the Service provider is entitled to debit the Guest’s bank card with the amount of the full fee of Service.
5.3.If the fund on the bank card does not cover the debt, the reservation is invalid
6. Cancellation of Reservation; “no-show”
6.1. The Guest in entitled to cancel in writing (including email) its reservation free of charge until 00:00, according to the local time, on the third day prior to the Arrival day, provided that the Arrival day means the day No. Zero. In case of cancellation following that time, the Service provider is entitled for the full fee of Service for all days of the reservation. If the Guest notify the cancel, within the three days before arrival, the Service provider is entitled to claim contractual penalties, which is amount of price for one night of the reservation . If the Guest has paid the fee of Service fully or partially, the Service provider shall transfer back the paid amount to the Guest’s bank account within 30 days following the cancellation. Costs of the transfer shall be borne by the Guest.
6.2 The Guest is not entitled to change the reserve.
6.3. If the Guest has not cancelled its Reservation, but the Guest does not arrive on the Arrival day and does not notify the Service provider of its late arrival or arrival on a later day, the Service provider’s obligation of providing the Service ceases to exist at midnight of the Arrival day. After that the Service provider is entitled to the full fee of Service and to make available the Apartment to another person.
7. Time and conditions of handover and leaving of the Apartment (check-in, check-out)
7.1. The Guest may occupy the Apartment (check-in), according to the local time, between 15:00 p.m. and 23:55 p.m. on the Arrival day. Upon check-in the provider shall require a Valid Credit card. The provider is also entitled to request cash deposit or credit card pre authorisation.
7.2. The payment of the full fee of Service is a requirement before the handover of the Apartment or before the previously agreed and paid checkout date passes in case the modification of the reservation is valid and applicable.
7.3. The check-in is always done personally, in the Service provider’s customer service office. Parties take a record in the Apartment on the handover, the delivery of keys, the state of the Apartment, and the furniture and equipment included in the inventory (hereinafter: “Furniture of the Apartment”), and by that the risk of damage is transferred to the Guest.
7.4. The Guest shall leave the Apartment (check-out) at latest until 11:00 a.m. on the Departure day.
If the Guest fails checkout (11:00 a.m.) and does not notify the reception , they shall pay extra fee for the Service provider, the amount of which 200 Euro.
7.5. The Guest may occupy the Apartment before 15:00 p.m. on the Arrival day only if the Apartment was free at the previous night and if the Guest pays extra fee for the Service provider, the amount of which 30 Euro.
7.6. The Guest may leave the Apartment after 11:00 a.m. on the Departure day only if the Apartment is not booked for the next night. This case, the Guest shall notify the reception and pay extra fee for the Service provider, the amount of which 30 Euro/hour.
7.7 In case the Guest loses the garage door opener, they shall pay extra fee for the Service provider, the amount of which 50 Euro.
8. Other rights and obligations of the Parties, rules of conduct
8.1. The Guest shall use the Apartment, and the building in which the Apartment is located (hereinafter: “Building”) properly, in accordance with its present function.
8.2. The Service provider shall provide the Service reserved and paid by the Guest in accordance with the provisions of the Contract.
8.3. The Guest may keep pets in the Apartment only with the Service provider’s prior written consent, and the Service provider may charge extra fee for that.
8.4. The Apartment shall not be used by more than the number of person stated in the Reservation. The Guest shall not sublet the Apartment.
8.5. The Apartments are fully furnished. The Guest acknowledges the existence and the intact state of the Furniture of the Apartment by accepting the Terms and Conditions.
8.6. Each apartment is non-smoking. If the crew experiencing that the Guest is smoking, or the smoke detector indicates, the Guest shall pay extra fee for the Service provider, the amount of which 100 Euro.
8.7. The Guest shall immediately notify the Service provider if any damage occurred in the Apartment or in the Furniture of the Apartment or if any of the Furniture of the Apartment had a breakdown and shall be responsible for the cost of the damage.
8.8. The Guest shall comply with the rules of conduct specified in the “Regulations” constituting appendix of General Contract Terms.
8.9. In the event of the Service provider cannot provide the Service set forth in the Contract due to its own fault (eg. handover to other person, temporarily operating problems etc.), the Service provider shall arrange for the accommodation of the Guest immediately.
The Service provider shall:
a) offer the Service set out in the Contract in an other place of accommodation being in equivalent category, and for the period set out in the Contract or until the end of the hindrance, for the confirmed fee. All the extra costs of the substituting accommodation shall be borne by the Service provider;
b) provide transfer at a reduced price for the Guest in order to move into the substituting accommodation and for the later moving back.
If the Service provider fully comply with its above obligations, or if the Guest accepted the substituting accommodation offered to them the Guest shall not claim for damages afterwards.
9. Guest’s right of complaint, handling of complaint
9.1. The Guest may complain about the Service rendered by the Service provider during the period of using the Service. The Guest’s right of complaint ceases to exist after the Guest has left the Apartment definitively or after the Departure day.
9.2. The Guest may make its complaint orally in the Service provider’s customer service office during the opening hours, or in writing. The Parties shall take a record about the complaint made orally, and the Service provider reviews the complaint. If the Service provider agrees with the complaint it shall remedy that immediately. If the Service provider rejects the complaint, the Parties record that fact.
9.3. The written complaint is reviewed by the Service provider, and the Service provider shall answer to the complaint and inform the Guest about the Service provider’s view in writing within 8 days.
9.4. If the Service provider rejects the Guest’s complaint, the Guest may apply to conciliation board for reviewing its complaint.
Name of the conciliation board according to the Service provider’s registered office:
Conciliation Board of Budapest
Address of the conciliation board according to the Service provider’s registered office:
1016 Budapest, Krisztina krt. 99. III. em. 310. (E-mail: email@example.com; phone: +36-1-488-21-31)
10. Parties’ liability for damages
10.1. The Guest may be and stay in the Apartment at his/her own risk.
10.2. There is no reception or security service regarding the Apartment. The Service provider shall not be liable for any damage caused to the Guest or any person staying in the Apartment during the Service is rendered and for any damage caused to their valuables and properties left in the Apartment or in the Building.
10.3. The Guest shall be fully liable for the Service provider for any damage caused to the Apartment, or to the Furniture of the Apartment either by the Guest or by any other person under the Guest’s control. The Guest shall be fully liable for damages caused by pets as well.
10.4. If the Guest has given security deposit for the Service provider, the Service provider is entitled to use the security deposit to pay for the damages caused to the Apartment or to the Furniture of the Apartment. The Guest shall pay for the amount of damages exceeding the amount of security deposit.
11. Termination, cancellation of the Contract
11.1. The Guest may cancel the Reservation under the provision of the above Section No 6.1. Based on any other reason the Guest may not terminate or cancel the Contract.
11.2. The Guest acknowledges that he/she is not entitled for the right of cancellation and termination of contract stipulated in Section No. 20 of Decree No. 45/2014.(II.26.) (hereinafter: “Decree”), based on the exemption under point l, of Subsection (1) of Section 29 of Decree.
11.3. The Service provider may terminate the Contract with immediate effect, and thus terminate the providing of Service, if the Guest
a) uses the Apartment improperly, not in accordance with its function, or damage the Apartment; or
b) behaves objectionably, roughly against people living in the surrounding of the Apartment, or against the safety or regulations of the accommodation; is under effect of drugs or alcohol, behaves hurtfully, threateningly or in other inadmissible way; or
c) commits any other breach of contract and does not finish that conduct breaching the contract following warning and request for that.
In case of termination with immediate effect the Service provider is not obligated to pay back the paid fee of the Service neither fully nor partially, the Service provider is entitled for that amount as liquidated damages.
12. Data protection
12.1. The Service provider handles the Guest’s personal data supplied at making of the Reservation in accordance with the provisions of Act CXII of 2011 on Right of Information Autonomy and Information Freedom, and based on the Guest’s voluntary consent. The purpose of handling of data: conclusion, registering, performance of the contract regarding the service rendered, and performing the claims arising from the contract. The handling of data lasts until claim may be enforced in connection with the contract.
13. Governing law, jurisdiction
13.1. Matters not regulated by the Contract shall be governed by the provisions of the Hungarian legal rules.
13.2. In the event of legal dispute between the Parties, the Parties shall apply the Hungarian law and shall submit to the exclusive jurisdiction of the courts of Hungary.
Smoking is forbidden inside the Apartment. In case of Apartment with terrace or balcony, smoking is allowed on the terrace or balcony.
The Guest is kindly requested to notify the Service provider of leaving the Apartment definitively approx. 1 hour prior to the time of the leaving in order to check the state of the Apartment and the Furniture of the Apartment and handover the keys.
We kindly ask our Guests to always lock the door and the windows, and switch off the electronic devices and air conditioner when leaving the Apartment.
The Guest, irrespective of the time of the day, shall refrain from any, especially noisy, conduct or activity disturbing the other people, done either inside the Apartment or in common areas of the Building (doorway, corridors, staircase, yard, garden).
In the Apartment television, radio, music players, video or other similar devices and household or other machines should be operated in a way that their sound and noise could not be heard outside the Apartment.
Noisy activity is allowed only between 8:00 a.m. and 20:00 p.m. Listening to music loudly, organizing any kind of events , gatherings (eg Stag Party) strictly prohibited in any of the apartments operated by the Provider.
It is not permitted to ride a bicycle or motorbike or run the motorbike inside the common areas of the Building.
The gate, entrance (street) door of the Building shall be closed, locked.
Keeping inflammable materials not according to the regulations in the Apartment or the common areas is forbidden.
Littering is forbidden inside the Apartment and the Building.
To throw or spill out anything from the Apartment or the Building is forbidden. Sprinkling plants may be done without disturbing others.
The Apartment, Building, common areas and central equipment of the house (water-, gas-, sewer-, electricity lines and cables) have to be used according to their function, economically, without harming the environment. To touch the utility lines of the Building is forbidden.
Only objects not damaging the cityscape may be placed on the balcony, or in windows opening to square or street. Flower or plant may be placed only in safe flower-stand.
The wrongdoer shall be liable, and pay for leak and other similar damages due to forgetting to turn off the taps, or improper use of automatic washing machines in the Apartment or Building.
Pets may be kept only with the prior written consent of the Service provider, and only inside the Apartment, without disturbing the other persons, residents, by ensuring the cleanness, and with the pet keeper’s liability. Who violates legal rules pertaining to the keeping or admission of pets, or medical and epidemic regulations (e.g. rules of vaccination, bite, breeding, risk of infection), commits a foul, administrative offence against the law. Walking a dog without lead is forbidden in the common areas.