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I: GENERAL DATA, CONCLUSION OF THE CONTRACT BETWEEN THE PARTIES
The present General Terms and Conditions (hereinafter: GTC) includes the rights and obligations of Costes DownTown Korlátolt Felelősségű Társaság (Costes DownTown Limited Liability Company) (hereinafter referred to as Service Provider) and of the user (hereinafter: the User) of the electronic commercial services rendered by the Service Provider via the website www.costesdowntown.hu (hereinafter referred to as „Website”), (the Service Provider and the User are jointly referred to as Parties). The General Terms and Conditions refer to each legal transaction made and service rendered via the website www.costesdowntown.hu in relation to COSTES Downtown restaurant (hereinafter as: COSTES Downtown). The date when the present General Terms and Conditions come into effect is the date of publishing those on the website.
Service Provider’s Data:
• Name: Costes DownTown Korlátolt Felelősségű Társaság
• Seat and postal address: 1051 Budapest, Vigyázó Ferenc utca 5.
• Customer service: By telephone from Monday to Friday between 9:00-17:00 and/or via e-mail
• Telephone number: 061-9201015
• Fax number: 061-9201015
• E-mail address: firstname.lastname@example.org
• Company registration number: Cg. 01-09-720440
• Name of the court of registration: Court of Registration of the Metropolitan Tribunal of Budapest
• Tax No.: 13134819-2-41
1.1. The reservation agreements made through the website of www.costesdowntown.hu will qualify as electronically concluded contracts which will be governed by Act V of 2013 on the Hungarian Civil Code, Act CVIII of 2001 on certain issues of electronic commerce activities and information society services, as well as by Government Decree No. 45/2014 (II.26.) (the Government Decree) on the detailed rules of contracts between consumer and entrepreneur. For questions not regulated in the present General Terms and Conditions the provisions of law stipulated in this paragraph, as well as any other prevailing rules of law pertaining to reservation agreements will be applicable.
1.2. By means of the reservation system operated by the Service Provider the Users can reserve free tables at the COSTES Downtown restaurant run by the Service Provider against a definite amount of reservation fee as stipulated in the General Terms and Conditions (hereinafter referred to as: “Reservation Agreement”). The reservation of the tables will be finalised upon the settlement of the reservation fee payable on basis of the Reservation Agreement, in accordance with Chapter IV.
1.3. In view of the nature of the legal relationship the provisions of the Government Decree on liability for defects and guarantee are not to be applied to the Reservation Agreements.
1.4. The present General Terms and Conditions will govern even if the Service Provider’s reservation system is available through another website. Furthermore these Terms are applicable to any and all ways of using the Service Provider’s services (mobile website, mobile applications, Facebook page, etc.) through which the Service Provider’s reservation system is accessible.
1.5. In view of the nature of the Service Provider’s services the menu, the drinks list and the prices indicated on the Website of the restaurant may change from time to time. The Service Provider expressly endeavours to indicate current contents and prices at all times, however, considering the preliminary conclusion of Reservation Agreements the Service Provider reserves the right to modify the menu and drinks list.
1.6. The contract is concluded electronically between the Service Provider and the User in the subject of table reservation.
1.7. The concluded contract will be regarded as a one recorded in writing. The data of the contract kept in writing are identical with the reservation data. The language of concluding contracts and keeping connections is Hungarian. .
1.8. Anyone who is over the age of 18 years and accepts the provisions of the present General Terms and Conditions as binding on him has the right to make use of the reservation service.
II. PROCESS OF RESERVATION
2.1. The desired date and time can be selected by using the Table reservation menu entry. If a certain time is not available, the system will indicate that reservation is not possible. Table for maximum 6 persons can be reserved electronically, over 6 persons tables can be reserved upon preliminary request made by telephone or personally exclusively.
2.2. After choosing the date and time the menu titled “Important Information” include useful information and further conditions regarding table reservation. After clicking on “Next”, the personal data required for the reservation should be given (Name, Telephone number, E-mail address). By giving the data and clicking on the “Sending Reservation” the User states that it has become aware of and accepted the present General Terms and Conditions, the information included in the Important Information and the conditions of the Data handling rules published on the Website and that it gives its consent to data handling as stipulated in the Data Handling Rules.
2.3. The reservation fee is HUF 12.000 (including value added tax), which qualifies as advance payment to secure the reservation. 100% of the reservation fee will be set off against the counter-value of the invoice drawn up on the consumption based on the reservation at the restaurant run by the Service Provider.
III. CANCELLING THE RESERVATION
3.1. The User is entitled to cancel the reservation. If the reservation is cancelled not later than 48 hours prior to the time reserved, the reservation fee will be re-transferred to the User. If the reservation is cancelled within 48 hours prior to the reserved time, the Service Provider may keep the reservation fee as cancellation penalty.
3.2. If despite a reservation the Service Provider is unable to provide the table at the time reserved for technical defect or for any other errors attributable to the Service Provider, the reservation fee will either be re-transferred or the User may choose another time for reservation, at its discretion.
3.3. Based on Section 29 1) of Government Decree No. 45/2014 the User will not be entitled to right to withdraw the Reservation Agreement.
IV. PAYMENT TERMS
4.1. The reservation fee will be settled by bank card accessing the respective bank’s web interface. Payment of the reservation fee will become due when the reservation is finalised. The financial service provider having contractual relationship with the Service Provider will debit the reservation fee against the bank card account given by the User.
V. CORRECTION OF ERRORS IN DATA ENTRY
5.1. The Service Provider will not have any liability for problems or errors consequential of false and/or inaccurate data given by the User. At any phase of the reservation and until the sending of the reservation to the Service Provider the User will be entitled to correct errors in data entry on the reservation platform.
VI. HANDLING OF PERSONAL DATA
6.1. The detailed rules on handling the User’s personal data are included in the Service Provider’s data handling rules (Data Handling Rules).
7.1. The information available on the website has been displayed on a bona fide basis, however, those are only for informative purposes and the Service Provider does not assume any liability for the accuracy and completeness of such information.
7.2. The User may use the Website at its own risk exclusively, and accepts that the Service Provider does not assume any liability for any material and non-material, direct or indirect losses arisen during the use (including also the payment of the reservation fee by bank card) and caused not by the Service Provider’s wilful or seriously negligent behaviour or crime. The Service Provides excludes its liability for either material or non-material losses caused by any third party’s crime.
7.3. The Service Provider excludes any liability for the conduct shown by the users of the Website. The User is fully and exclusively responsible for his own behaviour, and in such cases the Service Provider will fully co-operate with the proceeding authorities for the sake of investigating the offences.
7.4. The service pages may include such links which lead to other service providers’ websites. The Service Provider does not assume any responsibility for the data protection practice and other activities pursued by such service providers.
7.5. The Service Provider is entitled but not obliged to check the content made available by the Users during the use of the Website and in respect of the contents published the Service Provider is entitled but not obliged to search for signs of illegal activity.
7.6. In view of the global character of the Internet the User accepts to proceed also with the consideration of the relative national provisions of law when using the Website. If under the law prevailing in the User’s country any activity associated with the use of the Website, the liability for the use will fall upon the User exclusively.
7.7. Should the User observe objectionable content on the Website, it will be liable to notify the Service Provider thereof immediately. If during its bona fide procedure the Service Provider finds that the notice is well-founded, it will be entitled to either cancel or modify such information without delay.
8.1. The Website is protected by copyright. The Service Provider is the copyright holder or the authorised user of all the contents displayed on the Website or those displayed in the course of rendering the services available through the Website: any author’s work or another intellectual creation (including, among others any graphics and other materials, the arrangement, editing of the Website platform, the used software-based and other solutions, ideas, implementation).
8.2. Saving of the contents of the Website or certain parts thereof to physical or other data media or printing thereof for private use or in the possession of the preliminary written consent from the Service Provider is allowed. Use other than for private purposes – e.g. storage in data base, transfer, publishing, making available for download, putting into commercial circulation – is allowed upon the preliminary written consent from the Service Provider.
8.3. In addition to the rights expressly defined in the present General Terms and Conditions neither the use of the Website nor any of the provisions of the General Terms and Conditions provide any right to the User to any use or utilisation of any trade name or trademark indicated in the Website platform. Besides the display involved by the normal use of the Website, the relative temporary multiplication and copy-making for private use these intellectual properties may not be used or utilised in any other form whatsoever without the Service Provider’s prior written approval.
IX. POSSIBILITIES FOR ENFORCING RIGHTS
9.1. Handling of complaints
The User may make its consumer complaints on the Service Provider’s activity through the following contact data:
• Headquarter’s address: 1051 Budapest, Vigyázó Ferenc utca 5.
• Opening hours of the call center: from Monday to Friday 9:00-17:00
• Telephone number: +061-2190696
• E-mail: email@example.com
Under the prevailing rules of law in force verbal complaints are investigated by the Service Provider (at the restaurant) immediately and is remedied as necessary, if the nature of the complaint makes it possible. If the User does not agree with the handling of the complaint, or if the complaint cannot be investigated immediately, the Service Provider draws up minutes on the complaint and on its relative standpoint without delay and one copy thereof
• is handed over by it to the User on the spot if the verbal complaint was made personally,
• is sent by it to the User not later than simultaneously with the reply on the merits as determined for written complaints if the verbal complaint was made by phone and subsequently it will proceed in harmony with the provisions pertaining to written complaints.
The Service Provider is obliged to assign an individual identification number to the verbal complaint made by phone which will facilitate the retrievability of the complaint. The Service Provider is bound to communicate this number to the User.
The Service Provider is liable to examine each written complaint within thirty days after the receipt thereof and to give a reply on the merits and arrange so that the reply be received by the User. Should the Service Provide reject the complaint, it will be bound to give the reasons for its standpoint in its reply made on the merits regarding the rejection.
The Service Provider is obliged to keep the minutes drawn up on the complaint and a copy of the reply for five years.
The Service Provider receives the complaints submitted by the User through the direct contact channels as indicated in paragraph 9.1.
9.2. Other possibilities for enforcement of rights
If the possible consumer dispute between the Service Provider and the User is not settled in the course of negotiations, there are the following possibilities open to the User for enforcement of its rights:
• Making remark in the customer book. Such customer book is available at the Service Provider’s restaurant. The Service Provider responds to the remarks within 30 days in writing.
• Submitting complaint to the customer protection authorities. Should the User recognise that its rights are infringed, it will be entitled to turn to the customer protection authorities competent at the place of its residence. After judging the complaint such authority will decide on conducting the customer protection proceedings.
• Conciliation body. The User may apply to the conciliation body competent at the place of its residence or stay or to the conciliation body attached to the chamber of profession competent at the place of the Service Provider’s seat to initiate a procedure for the sake of settling the consumer dispute related to the quality, safety of the service, the application of the product liability rules, the conclusion and fulfilment of the contract out of court, in an amicable way. When applying the rules concerning the Conciliation Body civil organisations as per separate act, church, condominiums, housing cooperative, micro- small- and medium-scale enterprises, which buy, order, receive, use, utilise products or are the addressees of the commercial communication or offer related to the product will qualify as consumers.
Contact data of the Conciliation Panel of Budapest:
Address: HU-1016 Budapest, Krisztina krt. 99. III. em. 310.
Postal address: HU-1253 Budapest, Pf.: 10.
E-mail address: firstname.lastname@example.org
Headquarter’s telephone number: +36 1 488 2186
Fax: +36 1 488 2131
Court proceedings. The User is entitled to enforce its claims arising from the consumer dispute in front of the court within the framework of civil proceedings in harmony with the provisions of Act V of 2013 on the Hungarian Civil code and Act III of 1952 on the Code of Civil Procedure.
X. CLOSING PROVISIONS
10.1. The safety degree of the Website operated by the Service Provider is satisfactory, however, we suggest that the following precautions should be made: use anti-virus and spyware protection softwares with up-to-date data base, install the safety upgrades of the operation system. Use of the Website supposes that the User is aware of the technical limits of the Internet and acceptance of possibilities of error involved by the technology. .
10.2. The Service Provider is not liable for any losses consequential of connecting to the Website. The obligation to protect the User’s computer and the data therein will fall upon the User.
10.3. Forwarding, publishing, distributing contents on the Website not allowed by the law is expressly prohibited. The Service Provider reserves the right to cancel the contents uploaded by the Users.
10.4. The Service Provider does not subject itself to the provisions of any code of conduct.
10.5. The Service Provider has the right to modify the terms of the present General Terms and Conditions unilaterally at any time. Any possible modification will come into force simultaneously with the publication thereof on the Website.
Visit the OTP Bank customer informations on this link
H-1051 Budapest, Vigyázó Ferenc Street 5.
Our restaurant is accessible from Széchenyi István tér. If you are arriving by car, we offer free parking in the garage of Prestige Hotel, which is located next to the restaurant.
Phone: +36 1 920 1015 (Available: CET 10:00-22:00)
Fax: +36 1 920 1015
Information, reservation: email@example.com
Károly Gerendai, Ernő Mesterházy, László Szigedi, Márton Anka