General terms and conditions

General terms and conditions

 

1. Details of the Service Provider

  • Company name: BIRGES Wellness Hotel Kft.
  • Address: 1061 Budapest, Király utca 30-32./ A. lház. 101030, Street No. 1032, 30.
  • Tax number: 14332766-2-42
  • Company registration number: 01-09-199921
 

2. General provisions

2.1.The General Terms and Conditions (hereinafter referred to as the GTC) summarise the contractual content on the basis of which the Hotel Vinifera Wine&Spa ***** (address: 8230 Balatonfüred, Mikes Kelemen u. 21.), operated by the Service Provider, concludes a contract with its Guests for the use of its accommodation and services.

2.2 Special, individual terms and conditions do not form part of these GTC, but do not preclude the conclusion of separate agreements with travel agents, organisers with different terms and conditions according to the type of business.

By concluding the contract, the Guest acknowledges the terms and conditions of these GTC and, unless otherwise agreed on by the Parties, they shall prevail.

 

3. Contracting parties

3.1 The services provided by the Service Provider are used by the Guest.

3.2 If the order for services is placed directly by the Guest to the Service Provider, the Guest is the Contracting Party. The Service Provider and the Guest shall jointly and severally become contracting parties (hereinafter referred to as the “Parties”), provided that the conditions are fulfilled.

3.3 If the order for the services is placed by a third party (hereinafter referred to as the “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 shall not be obliged to verify whether the third party legally represents the Guest.

3.4 In accordance with the legal requirements of the activity (public support for the development of tourist areas Act CLVI of 2016 on State Duties Pertaining to the Development of Tourism Regions), the Service Provider can only provide the services if the Guest provides the Service Provider with his/her name and address and the data in accordance with the current regulations (e.g.: presentation of ID, birth data, etc.) before using the service. 

 

4. How and under what conditions to use the service

4.1 The Service Provider shall send a written offer to the Guest's request for an offer sent orally or in writing. If no specific order is received within 72 hours of the offer being sent, or in the case of a request for a reservation within 24 hours prior to receipt with a short deadline, the Service Provider shall no longer be bound by the offer.

4.2.The Contract shall be deemed to have been concluded upon written confirmation of the Guest's written or oral reservation by the Service Provider, and shall therefore be deemed to be a written Contract
 A reservation, agreement, modification or oral confirmation of a reservation, agreement or modification made orally by the Service Provider shall not be deemed to be a Contract

4.3 The Accommodation Service Contract is for a fixed term.

  • If the Guest leaves the hotel permanently before the end of the specified period, the Service Provider is entitled to the full price of the service provided for in the Contract. The Service Provider is entitled to resell the room vacated before the expiry date.
  • Any extension of the accommodation service initiated by the Guest requires the prior consent of the Service Provider. In this case, the Service Provider may request reimbursement of the service already provided.

4.4 Any amendment and/or addition to the Contract shall require the written agreement of the Parties.

 

5. Cancellation conditions

5.1 Cancellation of the accommodation service without penalty is possible under the conditions set out in the written confirmation of the Service Provider. 

  • If the Contracting Party has not secured the use of the accommodation services by advance payment, credit card guarantee or other means provided for in the Contract, the Service Provider's obligation to provide the services shall cease after the time specified in the offer.
  • In the event of cancellation after the deadline or failure to cancel, the hotel may charge a penalty for the services ordered.
  • A reservation is considered guaranteed if it is secured by a credit card or a deposit. 
  • If the Contracting Party has secured the use of the accommodation services by advance payment, credit card guarantee or other means provided for in the Contract, the Service Provider shall reserve the accommodation for the Contracting Party until 12:00 noon on the day following the day of arrival, after which the Service Provider's obligation to provide the service shall cease (no-show).

5.2 In the case of booking products subject to special conditions, group travel or events, the Service Provider shall establish different terms and conditions from the above, which shall be set out in an individual Contract.

5.3.Refund: In the event of cancellation of the service by the Contracting Party in time, the Service Provider shall refund the amount of the deposit paid in accordance with the cancellation conditions by bank transfer or to the credit card used for payment. The Service Provider has 30 days to execute the refund. 

 

6. Prices

6.1 The Rack Rate of the hotel operated by the Service Provider will be displayed in the hotel room or at the hotel reception. Price lists for other services are available at the respective hotel departments (restaurant, spa).

6.2 The Service Provider is free to change its advertised prices without prior notice. If the Guest has booked accommodation and this has been confirmed in writing by the Service Provider, the Service Provider may no longer change this accommodation price.

6.3 When communicating the prices, the Service Provider shall indicate the rate of the tax content of the prices (VAT, Occupancy Tax (IFA)) applicable at the time of the offer, as regulated by law. The Service Provider shall, upon prior notice, pass on to the Contracting Party any additional costs resulting from changes in the applicable tax law (VAT, Occupancy Tax (IFA)). 

6.4. Current discounts, promotions, other offers will be announced on vinifera.hu, our newsletters (if subscribed) and other online platforms.

6.5 The advertised discounts cannot be combined with any other discounts.

6.6 In the case of reservations of products subject to special conditions, group bookings or events, the Service Provider shall lay down the following conditions in an individual contract

 

7. Family discounts

For children 0-5.99 years old, accommodation and half board is free of charge when sharing a room with parents. If the child is between 6 and 11.99 years old, accommodation and half board is included in the surcharge for the child in the current pricing list, if the child is sharing a room with the parents.. If the child is over 12 years of age, the adult rate is payable for half board when sharing room with parents. Rollaway beds are not available.

 

8. Method of payment, guarantee

8.1 The Service Provider shall claim the payment for the services provided to the Contracting Party at the latest after the use of the services, before the departure from the hotel, but may also provide the possibility of subsequent payment within the framework of an individual agreement.

8.2.The Service Provider may request a credit card guarantee to guarantee the use of the service in accordance with the Contract and the payment of the consideration; in this case, the consideration for the ordered and confirmed service is blocked on the credit card, and the Service Provider may request an advance payment for part or the entire amount of the amount to be paid.

8.3 The invoice of the Contracting Party shall be issued in Hungarian Forint and may be settled in HUF or in Euro. In this case, the amount in Euro shall be determined at the foreign exchange selling rate of the Service Provider's account-holding bank on the day of the Guest's travel. In the case of cash payment in Euro, the Service Provider may settle any outstanding amount in HUF. If the total amount of the invoice exceeds HUF 1.5 (one and a half) million, the Service Provider may refuse to make the cash payment.

The Service Provider accepts cashless payment instruments (credit card, Széchenyi Pihenő Card, and on the basis of a separate contract; gift voucher, voucher, etc.), the current list of which is available to the Contracting Party upon request. In the case of a reservation, the Contracting Party is advised to clarify the possibility of payment by the chosen cashless payment method.

8.4 Any costs related to the use of any payment method charged by the Contracting Party's institution shall be charged to the Contracting Party or its SZÉP card/credit card.

 

9. Conditions for use of service

9.1 The Guest may check-in to the hotel room from 3:00 pm on the day of arrival and check-out from the hotel room by 11:00am on the last day of stay, unless the Service Provider does allow the Contracting Party to check-in earlier (Early check-in) or check-out later (Late check-out) after prior agreement. The fees for early check-in and late check-out are included in the current price list.

9.2 If the Guest wishes to occupy the room before 8:00 am on the day of arrival, the Guest must pay the Service Provider the price of the previous night.

 

10. Digital document scanner and VIZA system

According to the law in force, check-in and room reservation are subject to the presentation of photo identification (ID card, card-type driving licence or passport) at the reception desk upon arrival or to the hotel's digital document scanner upon arrival. Photo identification is required upon arrival for all guests, including children under 14 years of age from the 31st of December 2023. 

According to the legislation in force, if the guest does not provide an identification document upon arrival, the hotel is to refuse to provide accommodation. The hotel will be obliged to transfer data to the Guest Information Closed Database (VIZA) from the 1st of September 2021.

In the event of a denied stay under the law, the hotel shall be entitled to claim payment of the deposit, cancellation or amendment amount indicated in the booking confirmation, and shall be entitled to charge the full amount as a penalty. 

 

11. Pets

11.1 Pets are allowed in the accommodation of the Service Provider after prior agreement, they may be kept in the hotel room under the supervision of the Guest, they may use the common areas for access to the rooms, they cannot visit other areas (swimming pool, etc.) or only to a limited extent (restaurant). The extra charge for pets is included in the current price list.

11.2.The Guest is fully responsible for any damage caused by the pet, which he/she is obliged to compensate to the Service Provider before departure. The Service Provider shall be entitled to charge a cleaning surcharge if the room has not been used as intended. The maximum cleaning surcharge is HUF 50,000 (fifty thousand).
 If a device/object becomes unusable, the Contracting Party shall pay the current purchase price. If the Contracting Party fails to report this at the time of travel and the damage can be proven to have been caused by the Contracting Party, the Service Provider shall be entitled to charge the Contracting Party's credit card.

 

12. Repudiation of the contract, termination of the obligation to provide services

12.1 The Service Provider shall be entitled to terminate the Accommodation Service Contract with immediate effect, and thus refuse to provide the services, if:

  • the Guest does not make proper use of the room or facilities provided
  • the Guest behaves in a manner that is inappropriate, rude, abusive, under the influence of alcohol or drugs, threatening, abusive or otherwise unacceptable to the security, orderliness or staff of the accommodation
  • the Guest is suffering from a contagious disease.
  • the Contracting Party fails to fulfill its obligation to make the advance payment provided for in the Contract by the specified date
  • The Guest does not allow his/her documents to be scanned at check-in or refuses to complete the check-in form

12.2 If the contract between the Parties is not fulfilled for reasons of "Vis major", the contract shall be terminated and the Service Provider will not bear the costs of accommodation for individual bookings (up to 5 rooms), the Guest will be reimbursed. Other costs (e.g. catering, accommodation, etc.) raw materials), the Service Provider shall be entitled to charge the Guest for any other expenses. In the case of group bookings, the "vis major" is provided for in the group contract.

 

13. Placement guarantee

13.1 If the Service Provider's hotel is unable to provide the services provided for in the Contract due to its own fault (e.g. overbooking, temporary operational problems, etc.), the Service Provider shall immediately arrange accommodation for the Guest.

13.2 The Service Provider shall:

  • provide/offer the services provided for in the Contract, at the price confirmed therein, for the period specified therein or until the impediment ceases, in another accommodation. All additional costs of providing the alternative accommodation shall be borne by the Service Provider.
  • provide the Guest with a free telephone call once to inform him/her of a change of accommodation
  • provide the Guest with a free transfer to the offered alternative accommodation, and any subsequent return transfer back

13.3 If the Service Provider fully complies with these obligations, or if the Guest has accepted the substitute accommodation offered to him/her, the Contracting Party may not claim any subsequent compensation.

 

14. Illness or death of the guest

14.1 If the Guest falls ill during the period of using the accommodation service and is unable to act in his/her own interest, the Service Provider will offer medical assistance.

14.2 In the event of the illness/death of the Guest, the Service Provider shall claim compensation from the relatives, heirs or bill payers of the sick/deceased person for any medical and procedural expenses, the value of services used prior to the death, and any damage to equipment and furnishings caused by the illness/death.

 

15. Rights of the Contracting Party

15.1 Under the Contract, the Guest is entitled to the use of the room ordered and the facilities of the accommodation for the purpose intended, which are included in the normal scope of services and are not subject to special conditions.

15.2. The Guest may lodge a complaint about the performance of the services provided by the Service Provider during the stay. During this period, the Service Provider undertakes to deal with any complaint submitted to it (or recorded by it) with written proof.

15.3 The Guest's right to lodge a complaint shall cease after departure from the accommodation.

 

16. Obligations of the Contracting Party

16.1 The Contracting Party shall pay the consideration for the services ordered in the Contract by the date and in the manner specified in the Contract.

16.2.The Guest shall ensure that any child under the age of 14 who is under the responsibility of the Guest shall be under the supervision of an adult only, and the parent shall be fully liable for any damage caused by the child. The saunas in the Spa area of the hotel are not accessible to children for health reasons. Parents are responsible for the supervision of children in the entire accommodation area, but especially in the pool area
 The hotel reserves the right to designate certain times of the day as adult-friendly, which may result in the hotel refusing access to the spa area to children under 16 years of age. Guests will be informed of this period in advance.

 

17. Liability of the Contracting Party for damages 

The Guest shall be liable for all damages and losses suffered by the Service Provider or third parties due to the fault of the Guest or his/her companion or other persons under his/her responsibility. The Guest shall be liable to pay the Service Provider for any damage caused by the Guest. This liability shall also apply if the injured party is entitled to claim compensation for his/her damage directly from the Service Provider.

 

18. Liability of the Service Provider for damages

18.1 The Service Provider shall be liable for any damage caused to the Guest within its facilities which can be proven to have been caused by the fault of the Service Provider or its employees.

  • The Service Provider shall not be liable for damage caused by an unavoidable cause beyond the control of the Service Provider's employees and guests, or caused by the guest himself.
  • The Service Provider may designate areas in the hotel where the Guest is not allowed to enter. The Service Provider shall not be liable for any damage or injury caused in such areas.
  • The spa area of the hotel can be used at the Guest's own risk. There is an increased risk of slipping in the areas near the water and the hotel cannot be held responsible for any accidents resulting from any such incidents.
  • The Guest must immediately report the damage to the hotel and provide the hotel with all the necessary information to clarify the circumstances of the damage, possibly for the police report / police procedure.

18.2.1 The Service Provider shall also be liable for any loss, destruction or damage to the Guest's belongings, if the Guest has placed them in a place designated by the Service Provider or usually designated for this purpose, or in a safe in his/her room, or if the Guest has handed them over to an employee of the Service Provider who he/she may have considered entitled to receive them.

The Service Provider is liable for valuables, securities and cash only if the item has been expressly accepted for safekeeping or if the damage has been caused for reasons which the Service Provider is liable under the general rules. In this case, the burden of proof is on the Guest.

18.2.2 The Service Provider shall not be liable for valuables left in a vehicle in the Service Provider's car park, and the Service Provider shall investigate the damage caused to the parked vehicles and compensate for the damage if the damage was caused by negligence attributable to the Service Provider.

18.3 The Service Provider is not responsible for valuables left in other areas of the hotel.

18.4 The Service Provider's financial liability for damages shall not exceed the amount of the service price, but shall not exceed HUF 1.5 (one and a half) million. 

 

19. SPA and wellness policy

19.1 By using the spa and sauna services related to the hotel room reservation, the guests of the SPA and wellness area acknowledge the provisions of the rules of the house as binding for themselves. The guest may enter the SPA and wellness area wearing only a hotel bathrobe or leisure suit and rubber-soled flip flops or bath slippers, and may use the services at his/her own risk. Guests without a room reservation are not allowed to use the area. Unauthorised persons may be denied access to the department.

19.2 The SPA reception and the spa area are open during the opening hours, and closed during all other times. The hotel management may unilaterally change the opening hours in justified cases (storm, technical failure, etc.). The entire department is staffed by professional staff to ensure a safe and pleasant stay.

19.3 Guests under the age of 16 may enter and stay in the SPA and wellness area only if accompanied by a parent or guardian.

19.4 Only children under 14 years of age and minors may be in the children's playroom, only under parental supervision.

19.5. The fitness room, sauna area and SPA treatments are available only to adult guests over 18 years of age, at their own risk.

19.6. Children aged 0-6 years and those under-16 years of age who are unable to swim may only use the swimming pool services in the indoor or outdoor children's pools reserved for them, under parental supervision and under their own responsibility. For toddlers not potty-trained, the use of waterproof swimming nappies and swimming suits are both compulsory.

19.7 Guests suffering from fever, infectious or visible skin diseases, with open wounds, intoxicated, under the influence of drugs or other intoxicating drugs are not allowed to use the sauna or spa services, nor the SPA treatments. This will be decided unilaterally by our professional staff and the manager of the department or the hotel, who will keep a record of the decision.

19.8 Littering is prohibited in the area, and smoking is prohibited in the entire SPA and spa area. Eating and drinking of any kind is only allowed in the wellness bar and on the outdoor terraces. Drinking spirits, chewing gum, making noise and endangering your own or others' physical safety in any way are not permitted in the spa pools and their immediate vicinity.

19.9 Jumping, shouting, playing ball, using rubber mats, diving goggles and bringing toys into the pools are not allowed in order to avoid accidents. Under parental supervision, a limited number of toys (such as small rubber balls, small plastic toys for use in clean water) may be allowed for playing in the outdoor children's pools, provided they do not disturb other guests who are relaxing.

19.10. Bringing live animals to the bathing area is prohibited (with the exception of guide dogs in the area surrounding the outdoor pool).

19.11. It is compulsory to shower before entering the pool.

19.12. The hotel does not take responsibility for any valuables placed in the restrooms and changing rooms of the bathing area.

19.13. Rest areas are quiet zones, please bear this in mind at all times.

19.14. First aid in the spa and bathing area is provided by the qualified spa receptionist, sauna attendant and lifeguard. 

In case of any accident experienced by a guest, the SPA Manager must be notified immediately. We are not able to accept any subsequent complaints from our guests in case of an unreported accident.

19.15. Bathing guests are obliged to respect the rules for the use of the spa. The operator is entitled to request the assistance of an official person, if necessary, in order to maintain order in the swimming pool.

19.16. The Service Provider shall be entitled to compensation from the Contracting Party in the event of intentional or negligent damage to the equipment and furnishings of the Bathing Area. 

 

20. Confidentiality

In fulfilling its obligations under the Contract, the Service Provider shall act in accordance with the provisions of Act LXIII of 1992 on the protection of personal data and the disclosure of data of public interest, and the relevant provisions of the applicable legislation on data protection - and, if the Contracting Party has brought this to the attention of the Service Provider, in accordance with the relevant internal rules of the Contracting Party.

 

21. Vis major

Any cause or circumstance (for example; war, fire, flood, adverse weather, power failure, strike) over which a party has no control (Vis major) shall relieve either party from performing its obligations under the Contract for so long as such cause or circumstance exists. The Parties agree to use their best endeavours to minimise the possibility of such cause or circumstance occurring and to remedy any damage or delay caused thereby as soon as possible. 

 

22. Law applicable to the relationship between the parties, competent court

The legal relationship between the Service Provider and the Contracting Party shall be governed by the provisions of the Hungarian Civil Code, of which the Hungarian Civil Code of 2013 shall apply. Any dispute arising out of the service contract shall be settled by the court having jurisdiction in the place where the service is provided.

 

23. Website

23.1. References and links
Vinifera Win&Spa Hotel has no control over the design and content of material linked or referred to on its websites that is the property of third parties

23.2. Copyright
The layout of the web pages, the diagrams, images and logos used and the collection of individual contributions are protected by copyright. Any reproduction or use of objects such as diagrams, images or text in other electronic or printed publications is not permitted without the written consent of the Hotel.

23.3. Cookies
When visiting our websites, a recurring cookie (a small text file) is created and saved on your computer's hard drive. The cookie allows us to recognise you when you visit our website, making it easier for you to browse the site and personalising your online experience.

23.4. Analytics
We use a website analytics tool that produces a series of data and tracks how our visitors use our website. When visiting our website, cookies are created to record what is searched for on our website and to obtain non-personally identifiable information. This tool helps us to improve online experiences and enhance the user-friendliness of our website. It is never used to collect personal information. Most browsers automatically accept these cookies, but these cookies can be deleted or automatically rejected. As each browser is different, users should go to the "Help" section of the browser toolbar to find out how to set preferences regarding cookies. However, a user may not be able to use certain features of our website if cookies are not accepted.

23.5. SSL security
To ensure your security and to guarantee the confidentiality of your data, our website uses SSL encryption software for online bookings. Credit card numbers, and any other information entered when filling in various questionnaires, are automatically encrypted and protected during transmission over the network. Once the information reaches our server, it is decrypted using a unique private key. SSL allows a browser to connect to our website and agree to a secure communication channel in a transparent manner. SSL is the most widely used and successful secure transaction system today. To use this system, simply check for browser compatibility. For more information on data processing, please see our GDPR policy.

23.6. Newsletter subscription
By subscribing to the newsletter and voluntarily providing the name and e-mail address, the user agrees to receive emails from BIRGES Wellness Hotel Kft. BIRGES Wellness Hotel Kft. and ensures that the user can unsubscribe from the newsletter at any time by sending an unsubscribe request to the e-mail address marketing@vinifera.hu.

23.7. Remarketing code
We use remarketing codes on the website to track visits to specific pages so that we can provide targeted marketing messages to visitors to those pages. Visitors on this website can disable the cookies that provide remarketing codes by setting their browser accordingly.

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