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General Terms and Conditions

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By registering to the Website of Mercure Tokaj Center Hotel, subscribing to our newsletter or registering as a guest or by using any services provided in our establishment, you consent to the processing and recording of your data, for the purposes of market research and direct marketing, processed and used in accordance with legislations by Hotel Tokaj Ltd.

We would like to inform you that providing data occurs on a voluntary basis, meaning that you have the right to request information, about the processing of your data, from the processor, or request the correction or deletion of your data, at any time, by mailing a letter to Mercure Tokaj Center Hotel, 3910 Tokaj, Rákóczi utca 5. or by writing an e-mail to hb9b1@accor.com.

In case you register in the name of others, we will consider you to be authorized by them to do so, and your authority extends to consenting to the processing of their data. Providing us with your personal data with the intention to enter into a contract is also considered to be a form of consent to the processing of personal data. Any complaints are to be issued to the Hungarian National Authority for Data Protection and Freedom of Information (www.naih.hu).

1. Data of the service provider

2. General rules

(a) This ‘General Terms and Conditions’ (hereinafter GT&C) document, regulates the terms and condition of the use of rooms and services provided by the service provider at their establishment, Mercure Tokaj Center Hotel, operating at 3910 Tokaj, Rákóczi utca 5.

(b) This GT&C does not exclude the possibility of entering into special agreements with travel agencies, intermediaries, trip organizers, or any other person who cooperates with the service provider for the purpose of soliciting their services.

3. The Contracting party

(a) The contracting party is a natural person, legal person or any other business entity, reserving and/or using the services of the service provider. The party reserving and/or using the services is hereinafter referred to as: guest.

(b) The service provider and a guest, in case of fulfilling the terms and conditions will become parties to a contract to services, hereinafter referred to as: the parties.

4. Entering into a contract to services, the process of making a reservation, modifying a reservation.

(a) The service provider shall respond to the request of an offer of the guest, be it a verbal or written request – a letter, a fax, an e-mail, a request made on the website or by using any other digital medium – within 24 hours of receiving the request (in the case of weekends or holidays, on the first workday following them), by sending the guest an offer. If the service provider does not receive an actual written reservation from the guest, within 48 hours after the offer was made – or until an optional deadline included in the offer – the service provider is no longer bound by the validity of offer, and the validity of offer seizes to exist.

(b) The contract to services is created when the reservation made by the guest is confirmed by the service provider and in regards to the confirmation the reservation is considered to be a written contract. A verbal reservation and/or the modification of the reservation is only considered to be contractually binding if it is confirmed by the service provider in a written form. The verbal confirmation of the reservation or of the modification of the reservation does not create any contractual obligations. Legal statements creating, modifying or terminating contracts, can be made by the parties in a digital format, in accordance with Hungarian laws and regulations.

(c) The contract created for the use of services is valid for a predetermined term. The service provider is not obligated to enter into contract (to provide services), its able to refuse the offer of the guest without an obligation to provide reasoning.

(d) If the guest decides, before the expiration of the predetermined term, that he or she would not like to use the services before the end of the term, then he or she is obligated to fully compensate the service provider, and the services provider has the right to demand full compensation for the services reserved. The service provider has the right to rent out a room left by the guest before the expiration of the predetermined term. If the guest does not use reserved services – be they medical, cosmetic or other services – and does not cancel them within the provided deadline or if the services cannot be canceled, due to their nature, the guest is obligated to pay 50% of the price of the services as liquidated damages.

(e) The guest only has the right to extend the use of services, if the service provider consents to the extension on the day before the end of the predetermined term, at the latest.

(f) The modification of the contract to service is only possible with the mutual consent of the parties, given in a written form.

(g) If a faulty or lower prices is given, or the offer is marked as free as a consequence of an administrative, technical or IT error, made by the services provider or a contractual partner of the service provider, then the contract between the parties – in the case of both direct or indirect contracts – can only enter into force if the faulty price indicated on the website is within 20% range of the actual price. If the price difference exceeds this limit, then the contract will not create any bounding obligations, and the contract cannot be created, even if a declaration of acceptance exists (obvious error in the intention).

(h) Discounts made with special agreements and discounts for the members of the regular guest program are recorded in and regulated by the Rules of providing services. Because of the lack of different agreements and rules, different discounts cannot be used at the same time.

5. Terms and conditions for cancelations

(a) Until 2 PM, on the day of arrival the reservation can be canceled, without having to pay liquidated damages, however after 2 am 100% of the price have to be payed as liquidated damages. If the reservation was canceled in the time period before liquidated damages would be needed to be payed, advances will be paid back or sent in a form of a voucher, which can be freely used to pay for any of the hotel’s services. If the reservation is canceled after 2 PM, on the day of arrival, advances will not be paid back, instead it will be counted as part of liquidated damages.

(b) The service provider reserves the right to create unique terms and conditions, different from the ones listed above, in the case of special products – for example special discounts – reservations, group tours and organizing events. The terms and conditions for cancelation for individual reservations will always be contained in the written confirmation of reservation.

6. Prices used by the service provider

(a) The room prices of the hotel (Rack Rate) are available on the hotel’s website and at the receptionist desk, prices of other services of the hotel, which are not related to room prices, are available in the relevant parts of the hotel (e.g. restaurant) and on the hotel’s website, but upon request the receptionist can inform the guests about them.

(b) The service provider has the right to change the prices of services, at any time, without prior announcement. The service provider cannot do so in case of prices already given in an offer or prices for an already reserved service.

(c) When announcing the pricing the service provider is obligated to show what portion of the prices consists of taxes – e.g. VAT, tourism tax – and must indicate the tax rates, regulated by legislations. The service provider reserves the right to devolve additional burdens, in case of changes in the legislation, to the contracting party and/or the guest, without prior notification.

(d) The service provider is obligated to calculate their prices in HUF or any convertible foreign currency.

(e) The service provider takes on the responsibility to share their room prices, current offers and discounts, and any other offers, on their website, www.mercurehoteltokaj.hu. The hotel markets its services not only directly, but through partners as well. For this reasons, and because of seasonality, changes in exchange rates, prices used during special offers and because of other economic factors the prices may differ at the same exact time. The guest cannot appeal on this, since the prices in their own contract are applied to them.

(f) In the case of working with travel agencies (tour operators) or with other intermediaries, when there is no cooperation agreement between the travel agency or the intermediary and the service provider, the payment of commissions to tour operators is only possible in accordance with the current commission payment regulations of the service provider. If a cooperation agreement exists, the commission in the contract will be payed to the tour operator.

(g) The service provider provides special discounts to guests arriving with children. The extent of the discount is listed on the hotel’s website, based on the current season. The service provider may request legal documents proving the child’s age from their guardian. If this request is denied, then the guest will be forced to pay adult rates for the accommodation of the child.

(h) More information can be find about the discounts mentioned in point (g) and about other discounts at the receptionist desk or on the hotel’s website.

7. Method of payment and its guarantee:

(a) The service provider indicates the full price to be paid for the reserved services, calculated for the full duration of the stay, on the written confirmation.
The guest can compensate for the price of the duration of stay in two ways: by paying for the stay in advanced, through a transaction (or in any other way indicated on the website), or paying upon arrival, at the receptionist desk, by credit/debit card or cash, or by cafeteria means able to substitute the previously mentioned methods.

(b) The service provider reserves the right to ask for a guarantee of payment, from the contracting party or the guest, for compensating for the prices of extra services, services which were used but not reserved in advance or for extra consumption. These guarantees can be the following:

(c) The service provider can transfer the prices of goods consumed in any of the catering establishments of the hotel, to the room service bill of the guest. Compensation for the room service bill can be paid for at the receptionist desk, where an invoice will be prepared, by the employees of the hotel, for the guest, in accordance with legislations on making invoices.

8. The methods, terms and conditions of using services

(a) The guest can occupy their room (check-in), which was reserved, and the reservation was confirmed by the service provider in a written form, from 3 PM, and is obligated to leave their room until 12 PM of the last reserved day.

(b) If the guest would like to occupy their room, on the day of arrival, before the time mentioned in 8. (a), or leave their room after the determined time, on the day of departure, they are obligated to pay an extra fee, about the value of which information can be requested from the receptionist desk or from the reservations department. The possibility of early arrival or late departure is based on the current number of free rooms in the hotel, and the hotel will inform their guests of these possibilities.

(c) The service provider – in exchange for the payment of extra fees – allows guest to bring a mid-sized dog with them to the hotel. The dogs cannot use or visit the spa or the restaurant. The service provider may theme the dog to be too large, or theme its behavior to be frustrating to other guest, and in these cases the service provider has the right to deny the accommodation of the dog and immediately terminate their contract with the guests, during the duration of their stay. If the presence of the dog has not been previously reported to the service provider, the provider has the right to immediately terminate the guest’s contract, and deny the accommodation of the dog. Dogs bred for fighting (dog listed as dangerous by the government’s act 17 of 1974 on national- and public security 5§, section 2. (Pit Bull terriers and their mixes) and dogs listed as dangerous by 5§, section 4.) are not allowed on the premises of the hotel. The service provider may add more obligatory rules to their Dog Etiquette.

(d) The guests are obligated to pay full compensation, after damages caused by their pets, whether they harmed the service provider or a third party. The violation of the rules and causing damages, can be used as a basis for the immediate terminate of the contract which can be extended to the guest.

(e) The service provider has the right to immediately terminate their contract with a guest, or deny them the ability to use services if:

(f) If the contract between the parties is not fulfilled, due to ‘Force Majeure’, the contract is terminated.

(g) The guests of the hotel are allowed to use the services of the hotel at their own risks. For those guests with whom a contract was previously terminated or for whom the hotel was forced to deny the use of services, may also be denied from using the services of the hotel, even at their own risk, in the future.

(h) The provider of services pays close attention to the prevention of accidents, especially of accidents caused by slippery surfaces. During the cleaning of the lobby, the guests are warned by a sign to look out for slippery surfaces. The service provider is not responsible for any accidents that had occurred because an indicated source of danger was left unnoticed or if an accident occurred because something was used in a manner in which it was not intended to be used.

(i) Guests under 18, who require attention may not be left without parental or adult supervision. (Our establishment is not possessing the necessary equipment or knowledge to take care of physically or mentally ill or imparted individuals.).

(j) The hotel cannot provide guests with nurses during the stay of the guest, the use of services is only possible, when an individual possesses the necessary skills or abilities to do so.

9. Guaranteeing services

(a) If the service provider is unable to provide the reserved services, because of issues derived from their own fault – especially overbooking, temporary technical difficulties – they are obligated to take care of the accommodation of the guest.

(b) The service provider, because of the duties listed in point (a), is obligated to:

(c) If the service provider complies with their duties listed in point (b), and if the guest accepts the replacement accommodation offered to them, then the guest cannot demand compensation.

10. Rights of the guests

(a) According to the contract, the guest has the right to use their reserved rooms and other facilities of the establishment included in the regular list of services and are not tied to special terms and conditions.

(b) The guest has the right to raise a complaint regarding the performance of the service provider. The service provider agrees to record, investigate and give a legitimate answer to the complaint of the guest, communicated to the provider in writing or verbally at the reception desk, within 72 hours of receiving the complaint.

11. Obligations and duties of the guests

(a) The guest is obligated to pay the price of the reserved services to the service provider, in a method described in the contract, until the deadline included in the contract.

(b) The guest is obligate to ensure that the children, under his or her supervision, be constantly under adult supervision and behave in accordance with the house rules of the hotel of the service provider. The parent or guardian, that is staying in the hotel, is responsible for all damages caused by a child or person partially incapable of acting on their own, – regardless of whether the damages were caused under the supervision of the parent or guardian or not – and are obligated to compensate all harmed parties.

(c) The guest is obligated to report, any harm done to them by others, at the receptionist desk and provide the service provider with all information and data, which is necessary to clarify the details of the harm done, and which could possibly lead to court proceedings.

(d) The guest is not allowed to bring their or food or beverage into the catering establishments of the service provider, and the guest is obligated to act in accordance with the rules of the restaurant.

12. Obligations of the guest in relation to paying damages

(a) The guest is obligated to pay compensation for damages done to the service provider or a third party, caused by the actions of the guest, the guest’s companion or a person under the supervision of the guest or the guest’s companion.

(b) The obligation of the guest to compensate for damages extend to damages, in which the third party has the right to demand compensation from the service provider. The obligation to pay compensation for damages covers damage done in the hotel, the hotel’s garden, the parking area of the hotel, damage done to vehicles, and to any other valuables. The obligation also extends to damages not covered by insurance companies.

13. Rights of the service provider

(a) If the guest does not fulfill their obligation to pay the price of services reserved and used, or used but not reserved, the service provider, to insure their demands, has the right to lien on the properties of guest brought to the hotel with them.

(b) For security and accident prevention purposes, the entire hotel is equipped with a CCTV system. By entering the hotel’s premises, the guest consents to be recorder. The electronic system stores the recordings in accordance with regulations, and the recordings are automatically deleted after a period of time.

In order to entertain guests, various events are organized on hotel grounds. The employees of the hotel, or a person or enterprise hired for this specific purpose, have to right to create photographs or video recordings of these events to be used for marketing or promotional purposes. Guests, who attend such events, acknowledge and specifically consents to be recorded during the events, and this way, the recordings of them may be featured in promotional materials or advertisements. The hotel strives to protect the personal data and rights of its guest, however it cannot guarantee that the guests appearing in these recordings are unrecognizable, and so the service provider does not claim responsibility for inconveniences arising from such situations. The service provider is not responsible for the distribution of recordings made by other guests.

14. Essential obligations of the service provider

(a) The service provider has to fulfill their contractual obligation, by providing the guest with the reserved accommodation and other services, in compliance with legislations and in accordance with best practice standards.

(b) The service provider is obligated to investigate the written complaints of guests, and enact measures in order to resolve the issues. The measures have to be documented in writing, and the service provider is obligated to inform the guest, of the measures taken.

15. The obligation of the service provider in relations to paying damages

(a) The service provider is responsible for all harm done to a guest, on hotel premises, that has occurred as a fault of the service provider or employees of the hotel.

(b) The responsibility of the service provider does not extend to damages, which were caused by circumstances unpreventable by the service provider, their employees or the guest, or which were caused by guests, or people under their supervision.

(c) The service provider reserves the right to designate an area or areas, into which guests are not allowed to enter. The service provider is obligated to visibly mark these areas. The service provider is not responsible to any harm that may come to the guests, or to people under the guests’ supervision, in these designated areas.

(d) The service provider is only obligated to pay damages, if the damages are immediately reported, after they occurred, by the guest at the receptionist desk and the guest provides the necessary data along with the report. The payment for damages that occurred and their occurrence was recognized, during the guest’s stay at the hotel, cannot be claimed by the guest if they report the damages after they have departed from the hotel, because they have failed to report damages before their departure. Payment for damages, which were only recognized after the guest’s departure from hotel, can be claimed for 30 days after the recognition of the damages, and the damages have to be reported in writing. Damages cannot be claimed after 90 days following the guest’s departure from the hotel.

(e) The service provider is responsible for the loss, destruction or damages done to the properties of the guest if they were stored in an area designated by the service provider, were placed in the safe in the guest’s room or was entrusted to an employee of the service provider, who could be perceived to be responsible to be receiving the properties of guests. In this case, the service provider is obligated to pay compensations to the guest which are equivalent to, at most, the daily price of a room, included in the contract, multiplied by fifty.

(f) The service provider is only responsible for the loss, destruction or damages done to the bonds, valuables or cash of the guest if they were directly entrusted to the hotel, or if the damage has occurred as a consequence of an action, for which the service provider is responsible, in accordance with the general rules. The burden of proof, in regards to the responsibility of the hotel to pay damages, is applicable to the guest – except in the case of responsibility for deposits.

(g) The service provider is not responsible for damages to the guests’ luggage or their contents, caused by the guests, that has occurred, during arrival, departure and during their transport into or out of a room.

(h) Participating in the programs, organized by the hotel, should only be done at the own risk of the guests, based on their decision, in full knowledge of their own skills and abilities.

16. Illness or death of the guest

(a) If a guest falls ill, during their stay in the hotel, and the service provider knows about it, the service provider is obligated to offer medical help to the guest, with the condition, that the guest would have to pay for the offered, and accepted medical services. If a doctor determines the illness of the guest to be contagious, the service provider has the right to deny the guest the use of services. Any extra fees, arising from an early departure, are to be paid by the guest.

(b) If a guest falls ill or dies, the service provider is entitled to the payment of compensation from the relatives of the person, or from the heir or heirs of the deceased, for prior medical fees, payed in advance by the service provider, for services used by the deceased before their death, and for damages to the valuables of the hotel, or its guests, caused by the illness or death of the guest. The service provider will consider the death of a guest to be a departure before the conclusion of the predetermined time period included in the contract, and so the service provider is unable to pay the price of the remainder of the time period to the legal heir or heirs of the deceased.

17. Valuables left in the hotel

The service provider is not responsible for the valuables, money or other personal belongings of the guest left in the hotel, nor are they responsible for sending them to the guests. Items found at the hotel will be kept for 30 days, during which they can be given back to guest, who can show proof that those items belong to them. After 30 days, the items will be transferred to the notary.

18.Secrecy

(a) During fulfilling their contractual duties, the service provider is obligated to act in accordance with act CXII. of 2011 on informational self-determination and freedom of information, and with other legislations and regulations concerning the protection of data.

19. Force Majeure

(a) Either party can be relieved from their contractual obligations, for reasons that occurred outside of the control of the service provider or the guest (war, fire, flood, extreme weather, blackouts, strikes) – Force Majeure – until these events are concluded or resolved. The parties agree that they will take every possible action to minimize the chance of these events occurring, thus fix damages or make up for being late, as soon as possible.

20. Relevant laws and court for the legal relations between the contracting parties

(a) Act V. of 2013 on the Civil Code of the Republic of Hungary, and other Hungarian laws apply to the legal relations of the contracting parties.

(b) The contracting parties agree that the only court with relevant jurisdiction vis- à -vis their legal relations is the District Court of Miskolc.

21. Miscellaneous rulings

(a) The Terms and Conditions listed here come into force on the 10th April 2022. They are to be applied together with the terms and conditions of special contracts.

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