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General Terms & Conditions of Travel
The Wine a' More Travel Ltd. (registered seat: 2040 Budaörs, Ébner György köz 4.; Telephone: +36-30-205-2840; e-mail address: firstname.lastname@example.org; MKEH licence number: U-001575; Tax number: 250055284-2-13; EU tax number: HU25005284; Company Registration No.: 13-09-171484; Bank Account No.: HUF: Raiffeisen Bank (IBAN) HU48-12020407-01462842-00100004; EUR: (IBAN) HU 2712 0204 0701 4628 4200 2000 01; Financial security: QBE Insurance Europe Ltd. Hungary) as tour operator (hereinafter: tour operator or Wine a'More Travel Agency)
hereby publishes the general contracting terms (hereinafter: general terms of travel or GTT) of using its travel services offered in its paper-based and on-line programme brochure, on its website or in its other information booklets.
I. Application of the General Terms of Travel
1. The trips organised by the Wine a'More Travel Agency shall be governed by the relevant requirements of the Civil Code (hereinafter: Civil Code) and the provisions of Government Decree No. 80/2014 on travel contracts and travel agency contracts (14 March), which amended Government Decree 281/2008 (28 November) (hereinafter: Decree), these contracting terms and those contained in the travel contract.
2. The GTT shall form part of the travel contracts entered into by and between the customers ordering the services offered by the tour operator, either deemed or not deemed travel packages (hereinafter: customers or travellers) and the tour operator.
3. The description of the services listed on the website of the tour operator (www.wineamore.hu), constituting the subject of travel contracts, the information on the contents of the services and on the terms of using such services (hereinafter together: description of services), offers sent to customers, the contents of the confirmation and the general contracting terms constitute part of the travel contract.
4. If the tour operator acts as a travel agent engaged by a domestic tour operator, the travel contract shall be governed by the contracting terms of the domestic service provider that engaged the tour operator rather than by the tour operator's general terms of travel.
II. Entering into a travel contract
1. A travel contract is entered into when an order sent by a customer on-line or in writing has been delivered to the tour operator and the tour operator undertook, in the form of an order confirmation, to perform those contained in the order.
2. The order shall contain the traveller's name, residential address, e-mail address and the data required for identifying the service ordered. The confirmation shall contain the definition of the services ordered by the customer, the venue and time of using the service, the total price of participation and the method of payment. The customer shall be responsible in all respects for the authenticity and correct nature of the data contained in the order.
3. Customers may electronically order the travel services offered on the website of the tour operator (in the following: on-line order) by preparing and sending the order using the on-line reservation system of the tour operator. Prior to sending the order, the customer shall represent that he/she is aware of and accepts the GTT as a whole and the provisions of the GTT that require individual negotiation. The on-line reservation system immediately confirms the receipt and acceptance of the order sent by the customer and thereby the contract is entered into.
4. If, upon making an order on-line, the customer requests notifications and confirmations related to the order by email rather than by post, the customer deems the notifications sent to the e-mail address specified by the customer for this purpose and recorded by the on-line system given in writing and, further, the customer undertakes to ensure the receipt and accessibility of messages at this e-mail address over the term of the travel contract.
5. If the person making the travel service also acts on behalf of third party customers, then, until the commencement of the trip, and with the exception of cases that require the traveller's personal involvement, the person making the order shall be entitled to the rights of the customer and the person making the order shall fulfil the obligations bound by the traveller, also including the notification of the persons that will travel.
III. Fulfilment of the travel contract
1. The tour operator shall perform the services undertaken in these GTT and in the description of services in person or via a contributor.
2. If, following the commencement of a trip, the tour operator is unable to perform a service ordered, the tour operator shall replace such service with a service of similar value, if necessary, also via other contributors not specified in advance in the travel contract (hereinafter: replacement service). In justified cases, the customer may refuse to accept such a replacement service.
3. Services deemed optional in the description of service (programme) may be ordered at the service venue, provided that the conditions of performance are met at the venue (e.g. the required minimum number of participants).
4. The activities of the air carriers transporting the customers by air, acting as contributors on the part of the tour operators are governed by their business regulations. Restrictions on the liabilities of air carriers are imposed by Act XIX of 1964, proclaimed by Act XXVIII of 1996, the Treaty of Warsaw of 1929, amended by Act XXXIV of 2005 and supplemented by Act XXXV of 2005 and by the International Treaty of Montreal of 1999 proclaimed by Act VII of 2005. The business regulations of the air carriers acting as contributors are published on the websites of the respective airlines. Due to unforeseeable external causes and in accordance with the business regulations, the timetable, the departure and arrival times, the route and the airline specified may be modified. The tour operator reserves the right to modify the timetable, the route and the contributing airline. The Treaty of Bern of 1961 regulates the liability of railway carriers, the Treaty of Athens of 1974 regulates maritime transport services, whereas the Treaty of Paris of 1962 regulates the liability of hotel owners. Further, the statutes of the European Union on the liability of air carriers in case of accidents, declined boarding and cancelled or delayed flights, regarding the indemnification and assistance provided to passengers shall also apply.
5. Following the payment of the full price of a trip, the travel agency shall send the documents and vouchers that authorise a passenger to travel and those pertaining to the trip (hereinafter: travel documents) via e-mail - unless otherwise agreed - at least one week prior to departure. The passenger shall notify the agency as to any documents possibly not received at the e-mail address and telephone number made available for this purpose.
6. The hotel categories specified in the tour operator’s service descriptions shall be interpreted in accordance with the classifications of the given country.
7. If the number of passengers travelling at the same time, via the same route, using identical service reaches 15, the tour operator shall arrange that a person that speaks the language of the target country or a world language generally used in the target country, authorised to act as a tour guide accompany the group abroad. If transportation is provided by bus service, the person that accompanies the group shall fulfil the administrative requirements relating to groups (that is, compile the list of passengers).
8. The majority of the tours organised by Wine a’More contain wine tasting programmes. Under Hungarian law, alcohol consumption is strictly prohibited for persons under 18 years of age, therefore, passengers under 18 years of age may participate at such programmes but may not consume alcohol.
9. During a trip, the consumption of the alcoholic beverages purchased at the wineries is not permitted on the bus or while using any other means of transport. Wine a’More and all the wineries reserve the right not to provide further service to drunk passengers.
IV. Terms of Payment
1. The full price payable under the travel contract comprises the price plus the fees not included in the price, charged separately (taxes, duties, other mandatory charges, in particular, resort tax, airport duty, port fees)
2. Prior to departure, the customer shall pay an advance of at least 40 per cent of the full price of the trip. With regard to a tour package containing air travel using regular flights, the advance to be paid may not remain below the price of the flight ticket. Until the 30th day prior to departure, the customer shall pay the portion of the total price due less the advance already made without a separate notice sent to that effect. With regard to an order made within 30 days prior to departure, the customer shall pay the total price in one lump sum.
3. Payment is deemed made (fulfilled) on the day the relevant amount is credited onto the tour operator’s bank account.
4. The non-fulfilment of any payment prior to deadline by the customer shall be deemed a breach of contract. In consideration of such breach, the tour operator shall be entitled to abandon the contract and the customer shall reimburse the costs of the tour operator by paying a lump sum equalling the sum of the retention money described in Section VII.
5. If, at the time of contract conclusion, the customer also purchases accident, sickness, luggage insurance or cancellation insurance (inability to travel or cancellation) with the tour operator acting as broker, the customer must pay the premium of such insurance over and above the total price set forth in the travel contract.
6. If, over the course of the trip or at the venue, the customer uses services not paid in advance, other than those announced, ordered and confirmed, he/she must pay the relevant fee at the venue of the service.
7. The tour operator will send an invoice on the fees to be paid along with the confirmation of the order.
8. Section 206 of the Act on VAT in force since 1 January 2011, modified several times sets forth that the tour operator shall arrange a statement made by the customer whether
- he/she uses the service as a private person, not in his/her capacity as a tax subject (that is, as a passenger)
- he/she/it uses the service in his/her/its own name and for his/her own benefit, that is, as an enduser (that is, as a passenger),
- he/she/it uses the service in his/her/its own name but for the benefit of another person, as a tax subject (that is, not as a passenger)
A taxpayer using operated tour service may be imposed a penalty if he/she makes an untrue statement with regard to the operated tour service or fails to make a statement.
V. Obligation to cooperate
1. With regard to the conclusion and fulfilment of the contract, the customer and the tour operator shall act in good faith and mutually cooperate with each other. Within this scope, they shall mutually and immediately notify each other as to any changes in their contact details and circumstances that are relevant with regard to the trip. The consequences of the non-fulfilment of obligations falling within the scope of the obligation to cooperate shall be borne by the non-performing party.
VI. Amendment of a travel contract
1. The tour operator shall be entitled to raise the total price payable under the travel contract due to changes in the costs of transportation (e.g. fuel costs), taxes, duties and other charges related to the partial services undertaken in the travel contract (such as, in particular, resort tax, anchorage, airport duties) or in the HUF rate of the currency according to the indicators set forth in advance in the contracts entered into with the contributors. The extent of such raise must be proportionate to that of the cost increase and the reason for the price increase must be communicated to the customer along with a notification on the increase.
2. The price to be paid by the customer under the travel contract may not be raised within twenty days as of the commencement of the trip even for reasons specified under paragraph 1.
3. A price increase is effected in a manner that the tour operator increases the total price to be paid under the travel contract with the total amount of the cost increase that serves as the basis for such price increase. If the price is increased by over 8%, the customer may abandon the contract without the obligation to pay compensation and may also require the reimbursement of the price (advance) already paid.
4. The tour operator shall immediately notify the customer in writing or via e-mail regarding any changes in the services constituting the subject of the travel contract and the total price to be paid.
5. If, in addition to the cases of price increase specified, the tour operator intends to significantly amend material provisions of the travel contract and the customer does not intend to accept the proposed amendment, the customer may abandon the contract and shall have the rights set forth in Section VIII.2 The tour operator reserves the right to change, in specially justified cases the venue and conditions of the programmes contained in the service description until the conclusion of the travel contract. Customers must be notified regarding any changes in a verifiable manner. The tour operator points out that, with regard to programmes where customers are picked up at the hotel, the departure and arrival times may change depending on travel conditions.
6. Prior to departure, along with the concurrent notification of the tour operator, the customer may transfer its rights and obligations arising from the trip onto a third person that meets the conditions set forth in the travel contract. The customer and such third person shall be jointly liable for the fulfilment of the obligations that have arisen prior to the transfer of rights and obligations and for the payment, in the form of a lump sum, of additional costs resulting from such transfer.
7. If, due to a cause within the customer's sphere of interest, an administrative amendment of the travel contract is required (e.g. the clarification of a name) or the parties, at the customer's exclusive initiative, agree on the amendment of non-material provisions of the travel contract, any additional costs arising in connection with such amendment shall be paid, in the form of a lump sum, by the customer initiating such amendment.
8. The sum of the lump sum specified in paragraphs 6 and 7 shall equal HUF 7500 or EUR 25.
VII. The customer's right to abandon the contract
1. The customer may abandon the contract at any time prior to departure. Such abandonment must be communicated to the tour operator in writing, also in the event of on-line reservation. A statement to abandon the contract shall come into force when the addressee becomes aware of the same. The customer’s failure to depart and to send a written statement shall be deemed an abandonment of the contract, as well. In this case, the date of abandonment shall equal the start date of the trip.
2. If the customer has abandoned the contract and the cause for such abandonment is other than the cases regulated in section VI 3 or in section VI 5, the customer shall pay compensation to the tour operator.
With regard to one-day programmes, the sum of such compensation shall equal
zero if the contract is abandoned more than 30 days prior to departure but a reservation fee of EUR 25 (HUF 7500) shall be paid;
- 15% of the price if the contract is abandoned on a date following the 30th day but preceding the 20th day prior to departure,
- 50% of the price if the contract is abandoned on a date following the 19th day but preceding the 3rd day prior to departure;
- 100% of the price if the contract is abandoned less than 3 days prior to departure.
With regard to multiple-day trips, the sum of such compensation shall equal:
- zero if the contract is abandoned more than 45 days prior to departure but a reservation fee of 20 EURO per person shall be paid;
- 10% of the price if the contract is abandoned on a date following the 45th day but preceding the 31th day prior to departure;
- 30% of the price if the contract is abandoned on a date following the 30th day but preceding the 21th day prior to departure;
- 50% of the price if the contract is abandoned on a date following the 20th day but preceding the 15th day prior to departure;
- 75% of the price if the contract is abandoned on a date following the 14th day but preceding the 7th day prior to departure;
- 100% of the price if the contract is abandoned on a date less than 7 days prior to departure.
3. With regard to travel contracts that contain trips involving passenger transportation via scheduled flights, to be able to meet the usually different from regular conditions of contributing air carriers, upon an abandonment by the customer under paragraph 2 or if the customer fails to commence the trip, the customer shall be liable for legal consequences other than those set forth in paragraph 2. If the contract is abandoned prior to the issuance date of the flight ticket as set forth in the travel contract, compensation equals:
- 50% of the price if the contract is abandoned on a date following the 30th day but preceding the 20th day prior to departure;
- 75% of the price if the contract is abandoned on a date following the 19th day but preceding the 7th day prior to departure;
- 100% of the price if the contract is abandoned on a date less than 3 days prior to departure.
If the customer abandons the contract on or following the issuance date of the flight ticket, he shall pay the price of the flight ticket in full and shall pay damages arising in addition in one lump sum equalling
- 25% of the price less the price of the flight ticket if the contract is abandoned on a date following the 30th day but preceding the 20th day prior to departure;
- 75% of the price less the price of the flight ticket if the contract is abandoned on a date following the 19th day but preceding the 7th day prior to departure;
- 100% of the price less the price of the flight ticket if the contract is abandoned on a date less than 7 days prior to departure.
4. The tour operator reserves the right to change the terms of abandoning the travel contract with regard to any trip that involves contributing service providers that set forth different terms of abandonment. In such a case, the tour operator shall specifically indicate this provision relevant to a given trip, in the description of the service, in the confirmation and also in the travel contract and shall call the customer's attention to such variation from the GTT.
5. If the destination or the route affects an area that is included, following the commencement of the trip, in the category "not recommended for travel" on the website of the central government administrations headed by the minister responsible for foreign policy, the tour operator shall provide a 'replacement' service of equal of higher value or shall reimburse the customer the difference in price upon providing a replacement service of lower value than the original service. Instead of accepting the replacement service, the customer may abandon the contract without the obligation to pay compensation and may require the reimbursement of the price (advance) already paid.
VIII. The tour operator's right to abandon the contract
1. The tour operator may abandon the travel contract in a written statement to that effect until the 20th day preceding departure, at the latest. Such abandonment shall come into force when the customer learns about such written notice to that effect.
2. If the tour operator has abandoned the travel contract due to a cause outside the customer's sphere of interest,
- a) the customer may require a replacement service equal or higher in value that the original service, if the tour operator is able to provide such service, or, if the replacement service is of a value lower than the original, the tour operator shall reimburse the customer the respective price variation, or
- b) if the tour operator is unable to offer a replacement service as above, or the customer does not accept the replacement service offered, the tour operator shall repay the price paid by the customer (advance) plus interest as set forth by law within 15 days;
- c) in both cases described under a) and b), the tour operator shall reimburse the customer any damage that has arisen on the part of the customer, except
ca) if the tour operator abandoned the travel contract due to an external circumstance that was reasonably inevitable (beyond its control) - not including a third party's conduct or the case of overbooking - that the tour operator did not foresee at the time of contract conclusion and it was not reasonably foreseeable (hereinafter: force majeure); or
cb) if the number of persons who make a reservation does not reach the lowest number of participants specified in the description of service and the tour operator has notified the customer in writing regarding its abandoning the contract at least 21 days prior to departure.
IX. Faulty Performance
1. The tour operator shall be liable for performing the services undertaken in the travel contract also if such service is performed via a contributor, except if the contributor's liability is limited by an international treaty. The customer may enforce a warranty claim upon faulty performance.
2. If the tour operator fulfils the service undertaken in a manner not in accordance with the travel contract, the tour operator shall reduce the price of the service (the fee of participation) proportionately. If the customer does not use a service at its own discretion or due to a cause that has arisen within its own sphere of interest, the customer may not claim a price reduction or reimbursement.
3. Upon a minor fault in the services provided, the customer may submit a warranty claim with a primary aim of rectifying such service, to be fulfilled by the tour operator in a manner that the tour operator rectifies the fault notified by the customer, in agreement with the customer, or the tour operator provides a service of equal or higher value than the faulty service.
4. If, following departure, the tour operator is unable to perform a major part of the service specified in the travel contract, it shall supplement such services with partial services of similar value. If the value of such partial service exceeds that of the partial service not fulfilled, the cost variation may not be transferred onto the customer. If the tour operator is unable to provide such a supplementary partial service, or the customer, justifiably, does not accept such service, the tour operator shall arrange transportation for the customer - if the customer so requires - to the venue of departure of the trip or to any other venue of arrival in the target country, acceptable to the customer, shall bear the costs of such transportation and reduce the price of the trip paid with the price of the partial services used.
5. Upon faulty performance of the service undertaken in the travel contract, the customer shall immediately notify the tour guide, or, if there is no such person available, the local service provider of his objection. Any damage caused by a delay in communicating such objection shall be borne by the customer. The tour guide shall arrange the reporting of such objection to the local service provider. The tour guide shall include in a protocol the objection made by the passenger, the fact that it has been communicated to the local service provider and a copy of such protocol shall be handed over to the passenger. The statement made by the passenger regarding the acceptance of the (partial) replacement services offered to the passenger or regarding complaint handling must be entered into the protocol. If the passenger accepts the proposal made by the tour operator, an agreement is reached between the parties with regard to resolving the warranty claim submitted. If the parties are unable to reach an agreement on the venue and the passenger intends to assert a warranty claim, he shall file such claim with the tour operator in writing within 30 days from the end of the trip, at the latest. The tour guide shall immediately inform the tour operator and shall take the necessary measures without delay. If there is no tour guide and if the local service provider has failed to remedy the complaint, the passenger shall notify the tour operator to that effect.
6. The tour operator shall be responsible for damages arising from the non-fulfilment or for the faulty performance of the travel contract and for the compensation due for the infringement of personal rights, except if such non-performance or faulty performance is not to be imputed to his own conduct or to the conduct of the contributor involved by it, thus, in particular,
- if the insufficiencies in the performance of the contract can be attributed to the passenger's conduct;
- if the fault can be attributed to the conduct of a third person who is not related to the performance of the service undertaken in the travel contract and the tour operator could not have foreseen the fault reasonably or it was unable to avert the same, or
- in the event of force majeure.
The tour operator shall provide assistance to the passenger if difficulties arise in the cases detailed above.
7. The tour operator shall be responsible for the conduct of the contributor engaged for service provision as if it had provided the service itself, except if the contributor's liability is limited by an international treaty proclaimed in a statute.
8. The tour operator's liability for damage arising from the non-performance or faulty performance of the travel contract and compensation due for the infringement of personal rights, with regard to the part beyond twice the sum of the service fee (the participation fee) shall be limited as set forth in the travel contract. The tour operator's obligation to pay damages does not involve damage resulting from the loss of or damage to the passenger's luggage, where the passenger shall immediately report such losses to the air carriers and assert its claims with the airlines, as agreed by the tour operator and the contributing airlines.
9. The passenger shall be responsible for damage caused to a third party over the course of the trip.
10. The passenger shall be responsible for compliance with passport, visa-, customs, foreign exchange, public health regulations and with the official regulations of the target country. The tour operator shall call the passenger's attention to the above and to regular changes to such regulations over the course of entering into the travel contract. If the passenger is unable to participate in the trip due to non-compliance with such provisions, it shall be deemed as if the passenger had not commenced the trip.
X. Other Provisions
1. The tour operator shall make every effort in order to resolve justified claims arising from possible faulty performance amicably, within a short period of time.
2. In accordance with Section 17/A of Act CIV of 1997 on consumer protection, the tour operator shall inform consumers that the venue of claims handling is the registered seat of the tour operator. Claims may be filed also in the form of electronic messages to the following address: email@example.com
3. In accordance with the above Act on consumer protection, proceedings may be initiated before a conciliation panel competent in the passenger's that is, the consumer's place of residence/stay/residential seat if the tour operator has made an attempt to resolve the complaint but with no success.
4. Upon the infringement of customer protection regulations, customers may primarily file their claims with district authorities with territorial competence as of 1 January 2017 (http://jarasinfo.gov.hu) as the National Customer Protection Authority ceased to exist on 31 December 2016. The general legal successor of the National Customer Protection Authority is the Ministry for National Development (Its address on the date of these General Terms of Travel: 1011 Budapest, Fő utca 44-50, central address of correspondence: 1440 Budapest, Pf. 1., http://www.kormany.hu/hu/nemzeti-fejlesztesi-miniszterium) | Supervisory authority: BFKH (former: MKEH) | "Budapest Főváros Kormányhivatala Kereskedelmi, Haditechnikai, Exportellenőrzési és Nemesfémhitelesítési Főosztály Idegenforgalmi és Közraktározás-felügyeleti Osztály" Address: 37-39.Németvölgyi street, H-1124 Budapest, Hungary POBox: 1534 Budapest BKKP, Pf: 919.
5. The tour operator reserves the right to modify the description of services, also including its website.
6. In the event of an obligation to pay interest, interest shall be paid at a rate determined by law. The base rate of the National Bank of Hungary shall be deemed the base rate of the issuing bank.
7. The provisions contained in the tour operator's data protection regulations, attached to these GTT shall be applicable to the handling of natural person customers' (passengers') personal data.
I, the Undersigned, certify that I have received or inspected these General Terms of Travel, the programme, the brochure that serve as the basis for the travel contract, other publications, the website, the business regulations (description of service) information, prices, notifications prior to placing an order for the travel service, I have become familiar with the contents thereof and we have discussed and I have understood and accept the same.
I, the Undersigned hereby certify that I have received detailed information with regard to sections IV.8. of these General Terms of Travel and I hereby expressly accept those contained in the above sections.
☐ I use the service as a private person, not in my capacity as a tax subject (that is, as a passenger).
☐ I use the service in my own name and for my own benefit, that is, as an enduser (that is, as a passenger).
☐ I use the service in my own name but for the benefit of another person, as a tax subject (that is, not as a passenger)
Signature / Company's signature: