General Terms and Conditions for the Use of Accommodation Services of Frank Apartman

Table of Contents

1. Definitions
2. Scope of the General Terms and Conditions
3. Formation of the Accommodation Agreement
4. Booking Procedure
5. Payment Terms
6. Online Check-in and Conditions for Access to the Accommodation
7.  Tourist Tax
8. Check-in and Check-out of the Accommodation
9. Rules for the Use of the Accommodation
10. Liability
11. Cancellation and Termination of the Agreement
12. Complaints Procedure
13. Data Protection
14. Electronic Documents and Electronic Communication
15. Final Provisions

I. DEFINITIONS

1. Service Provider

The accommodation service provider under these General Terms and Conditions (hereinafter referred to as the “GTC”) is:

Bankó-Erdősi Viktória
(Self-employed private individual with a tax number)

Correspondence Address:
2536 Nyergesújfalu, Tavasz utca 23.
Hungary

Tax Number:
67429703-1-31

E-mail:
frankapartman02@gmail.com

Hereinafter referred to in these GTC as the Service Provider.

2. Accommodation

The private accommodation operated by the Service Provider under the name Frank Apartman.

Address:
9400 Sopron, Frankenburg út 2/E, Ground Floor 2.
Hungary

NTAK Registration Number:
MA26129697

3. Contracting Party

The Contracting Party is any natural or legal person who makes a booking through the Service Provider’s online booking system, accepts these GTC and the Privacy Notice, and undertakes to pay the booking fee.

Where the booking is made on behalf of another person, the Contracting Party shall ensure that the Guest becomes familiar with these GTC, the House Rules and all other information provided by the Service Provider before using the accommodation.

4. Guest

A Guest is any natural person who actually uses the accommodation services provided by the Service Provider.

By using the accommodation, the Guest accepts these GTC, the House Rules and all other information provided by the Service Provider as binding.

5. Booking

A Booking means the electronic contracting process initiated through the Service Provider’s official online booking system which, upon fulfilment of the conditions set out in these GTC, creates an accommodation agreement between the Service Provider and the Contracting Party.

6. Online Booking System

The electronic booking platform operated by or on behalf of the Service Provider, which provides, in particular:

• display of available dates; 
• recording of bookings; 
• acceptance of these GTC and the Privacy Notice; 
• initiation of online payment; 
• related electronic administration. 

7. Online Check-in

The electronic procedure operated by the Service Provider whereby the Guest provides, prior to arrival, all information required by law and requested by the Service Provider for the use of the accommodation.

8. Previo System

The Property Management System (PMS) used by the Service Provider, providing in particular:

• booking management; 
• support for payment processes; 
• management of online check-in; 
• guest registration; 
• invoicing processes; 
• fulfilment of legally required electronic reporting obligations. 

9. ALFRED Application

The online guest identification and check-in application forming part of the Previo System, enabling in particular:

• completion of online check-in; 
• electronic scanning of identification documents; 
• fulfilment of statutory guest identification requirements; 
• electronic transmission of data necessary for providing the accommodation service. 

10. Automated Service System

The Service Provider carries out its booking, payment, online check-in, invoicing, guest identification, communication and other administrative processes wholly or partly through automated electronic systems.

The Contracting Party and the Guest acknowledge that certain deadlines, notifications, payment processes, invoicing procedures, online check-in procedures and other electronic services set out in these GTC are governed by the operation of such automated systems.

11. Official Contact E-mail Address

The Service Provider’s official electronic contact address is:

frankapartman02@gmail.com

For the purposes of these GTC, any declaration addressed to the Service Provider shall be deemed duly communicated only if sent by the Contracting Party or the Guest to this e-mail address, unless otherwise provided by law or by these GTC.

12. Written Declaration

A Written Declaration means any declaration made in paper or electronic form, the submission and content of which can subsequently be reliably verified.

An electronic declaration includes, in particular, an e-mail sent to the Service Provider’s official contact e-mail address.

13. Business Day

A Business Day means any day which is not a public holiday in Hungary under the applicable laws.

14. Force Majeure

Force Majeure means any unforeseeable and unavoidable event beyond the reasonable control of the parties that renders the performance of the agreement wholly or partly impossible or materially hinders its performance.

2. SCOPE OF THE GENERAL TERMS AND CONDITIONS

1. Subject Matter

These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the conditions for the use of the accommodation services provided by Frank Apartman, the rights and obligations of the Service Provider, the Contracting Party and the Guest, as well as the contractual relationship arising from the provision of the accommodation services.

These GTC apply to all bookings made through the Service Provider’s official website and the online booking system operated thereon.

2. Personal Scope

These GTC are binding upon:

• the Service Provider; 
• the Contracting Party; 
• all Guests who actually use the accommodation. 

Where the booking is made on behalf of another person, the Contracting Party shall ensure that the Guest becomes familiar with these GTC, the House Rules and all other information provided by the Service Provider before using the accommodation.

3. Acceptance of the GTC

During the booking process, the Contracting Party shall confirm separately that they have read, understood and accepted these GTC as binding.

Acceptance of these GTC is an essential prerequisite for completing the booking and for using the accommodation services.

4. Guest’s Acknowledgement

By using the accommodation, the Guest acknowledges and accepts that these GTC, the House Rules and all other information provided electronically by the Service Provider are binding upon them.

5. Relationship between the GTC and Other Documents

The following documents, published by the Service Provider or made available to the Contracting Party or the Guest during or after the booking process, form an integral part of these GTC:

• Privacy Notice; 
• House Rules; 
• Guest Information; 
• Cookie Policy (when using the website); 
• any other information or electronic notification provided by the Service Provider in connection with the provision of the accommodation services. 

These documents shall be interpreted consistently with one another. In the event of any inconsistency, these GTC shall prevail unless otherwise required by law or expressly provided in the relevant document.

6. Amendments to the GTC

Amendments to these GTC shall be governed by the provisions of Chapter XV.

3. FORMATION OF THE ACCOMMODATION AGREEMENT

1. Booking Process

The agreement for the provision of accommodation services is concluded electronically through the Service Provider’s official online booking system.

During the booking process, the Contracting Party shall:

• select the desired arrival and departure dates; 
• provide the information required for the booking; 
• read and accept these GTC; 
• read and accept the Privacy Notice; 
• pay the full accommodation fee electronically. 

2. Formation of the Agreement

The agreement between the Service Provider and the Contracting Party is concluded when:

• the full accommodation fee has been successfully paid; and 
• the Service Provider’s automated booking system has confirmed the booking. 

The Service Provider shall send an electronic booking confirmation to the e-mail address provided by the Contracting Party.

The booking confirmation shall contain at least:

• the booking reference number; 
• the booking period; 
• the details of the booked accommodation; 
• the amount paid; 
• further information required for the electronic administration of the booking. 

3. Electronic Communication

The Contracting Party acknowledges that the Service Provider will primarily communicate all notifications, declarations, information and other documents relating to the booking by electronic means.

The Contracting Party shall provide an e-mail address to which they have continuous access throughout the entire booking process.

The Service Provider shall not be liable for any disadvantages resulting from the Contracting Party providing an incorrect or non-functioning e-mail address, failing to read electronic messages, or messages not being delivered due to the settings of the Contracting Party’s own e-mail system.

4. Additional Conditions for Performance of the Agreement

The Contracting Party acknowledges that, following a successful booking, the Service Provider may send additional information and requests electronically that are necessary for the lawful use of the accommodation.

Such requirements may include, in particular:

• completion of the Online Check-in; 
• fulfilment of statutory guest identification requirements; 
• submission of declarations relating to the Tourist Tax; 
• any other electronic administrative procedures necessary for the use of the accommodation. 

The Contracting Party shall fulfil these obligations within the deadline specified by the Service Provider.

5. Language of the Agreement

The Service Provider publishes these GTC in Hungarian, German and English.

In the event of any discrepancy between the language versions, the Hungarian version shall prevail.

6. Obvious Data Entry Errors

The Contracting Party shall verify all information provided before finalising the booking.

Following completion of the booking, the Service Provider shall not be liable for any consequences arising from incorrect information provided by the Contracting Party.

The Service Provider shall, where reasonably possible, assist in correcting erroneous information; however, such correction shall not result in a unilateral modification of the essential terms of the booking.

4. PERFORMANCE OF THE BOOKING

1. Preconditions for the Provision of the Service

The Service Provider shall provide the accommodation service only if the conditions set out in these GTC have been fulfilled.

The use of the accommodation is subject, in particular, to the following prerequisites:

• the conclusion of the Agreement; 
• payment of the full Accommodation Fee; 
• completion of the Online Check-in; 
• fulfilment of the statutory guest identification requirements; 
• timely submission of all declarations and information requested by the Service Provider. 

2. Obligations of the Service Provider

The Service Provider undertakes to make the booked accommodation available to the Guest for the period specified in the Agreement in a condition suitable for its intended use.

The Service Provider shall provide all electronic information, documents and other notifications relating to the booking either through automated systems or by electronic communication.

3. Duty to Cooperate of the Contracting Party and the Guest

The Contracting Party and the Guest shall provide the Service Provider with all information, declarations and other data necessary for the performance of the booking.

The Contracting Party and the Guest shall also monitor the electronic communications sent by the Service Provider and comply with all deadlines specified therein.

4. Electronic Administration

The Contracting Party acknowledges that the Service Provider primarily administers all matters relating to the performance of the booking electronically.

During and after the booking process, the Service Provider may, in particular, send the following documents and notifications electronically:

• Booking Confirmation; 
• payment notifications; 
• Online Check-in link; 
• declarations relating to the Tourist Tax; 
• final electronic invoice; 
• House Rules; 
• Guest Information; 
• arrival information; 
• instructions for the use of the key safe. 

5. Delivery of Electronic Documents

Electronic documents sent by the Service Provider shall be deemed delivered at the time of dispatch, provided that they have been demonstrably sent from the Service Provider’s electronic system to the e-mail address provided by the Contracting Party and have not been returned as undeliverable.

The Contracting Party shall ensure that their e-mail address remains operational and that receipt of electronic messages from the Service Provider is not prevented.

6. Automated Processes

The Contracting Party acknowledges that certain stages of the performance of the booking are carried out by the Service Provider through automated electronic systems.

The Service Provider shall not be liable for any delays or other consequences arising from the failure of the Contracting Party or the Guest to comply with the obligations or deadlines set out in these GTC or in the electronic notifications issued by the Service Provider.

5. PAYMENT TERMS

1. Payment of the Accommodation Fee

Frank Apartman operates exclusively on a prepayment basis.

The Contracting Party shall pay the full Accommodation Fee electronically during the booking process.

Full payment of the Accommodation Fee is an essential condition for finalising the booking and concluding the Agreement.

2. Method of Payment

The Service Provider offers an electronic payment option within the online booking system.

Electronic payments are processed by the payment service provider engaged by the Service Provider from time to time.

Any bank card or other payment details entered during the payment process are not transmitted to, nor processed by, the Service Provider.

3. Payment Documents

Following successful payment, the Service Provider shall electronically issue and deliver the relevant accounting document relating to the payment.

The final invoice shall be issued taking into account all payment items relating to the accommodation service, including, in particular, any applicable Tourist Tax.

Invoices shall be issued and delivered exclusively in electronic form.

4. Settlement of the Tourist Tax

Where the amount of the Tourist Tax cannot be finally determined at the time of booking—particularly due to the absence of exemption declarations or incomplete information provided by the Guest—the final amount shall be indicated in the final electronic invoice.

If the final electronic invoice results in an additional payment obligation, the Contracting Party shall settle such amount using the electronic payment method provided by the Service Provider within the specified deadline.

5. Late Payment

If the Contracting Party fails to fulfil any payment obligation due under these GTC within the specified deadline, the Service Provider shall be entitled to suspend the provision of the accommodation service until full payment has been received.

Where the accommodation service cannot be provided due to non-payment, all resulting consequences shall be borne by the Contracting Party.

6. Currency

The Accommodation Fee is determined by the Service Provider in Hungarian Forint (HUF).

If the booking system displays prices in any other currency, such prices are provided for information purposes only.

The amount denominated in Hungarian Forint shall in all cases constitute the basis for payment and invoicing.

7. Refunds

The Service Provider shall make refunds only in the cases provided for by these GTC or by applicable law.

Where a refund is due, it shall primarily be made using the same electronic payment method that was used by the Contracting Party when making the booking.

8. Condition for Full Financial Settlement

The Service Provider shall provide the access credentials required for the use of the accommodation—particularly the access code for the key safe—only after all payment obligations relating to the booking have been fully settled.

Where an additional payment obligation arises after the booking has been completed—particularly following the final determination of the Tourist Tax—such payment shall constitute a prerequisite for using the accommodation.

Until full financial settlement has been completed, the Service Provider shall be entitled to withhold the access credentials.

6. ONLINE CHECK-IN AND CONDITIONS FOR ACCESS TO THE ACCOMMODATION

1. General Provisions

Frank Apartman operates an automated electronic administration system for receiving Guests.

Use of the accommodation is conditional upon the successful completion of the Online Check-in process and fulfilment of all requirements set out in these GTC.

2. Online Check-in

Following a successful booking, the Service Provider shall electronically send the Contracting Party the link required to complete the Online Check-in.

The Guest shall complete the Online Check-in within the deadline specified by the Service Provider.

During the Online Check-in process, the Guest shall, in particular:

• provide the personal data required by law; 
• electronically scan their identification document; 
• make the required declarations; 
• provide any additional information requested by the Service Provider. 

3. Guest Identification

The Guest acknowledges that, under the applicable laws of Hungary, completion of the statutory guest identification procedure is a prerequisite for using the accommodation service.

The Service Provider performs guest identification through the ALFRED Application, which forms part of the Previo System.

The Guest shall provide all information and identification documents required for the guest identification procedure.

4. Refusal or Failure to Complete the Online Check-in

If the Guest:

• fails to complete the Online Check-in; 
• refuses to electronically scan their identification document; 
• fails to provide the information required for guest identification; 
• or otherwise fails to comply with any obligation prescribed by law or by these GTC, 

the Service Provider shall be unable to complete the Guest’s legally required registration.

In such a case, the accommodation may not be used.

Failure under this Section shall be deemed to have arisen within the Guest’s sphere of responsibility.

The Service Provider shall not be obliged to refund the Accommodation Fee or any other charges unless otherwise required by applicable law.

5. Tourist Tax

Where the Guest is liable to pay the Tourist Tax, or where the Tourist Tax becomes payable due to the absence of valid proof of exemption, payment of the Tourist Tax forms part of the Online Check-in process.

The final amount of the Tourist Tax shall be indicated in the final electronic invoice issued by the Service Provider.

Where the final electronic invoice gives rise to an additional payment obligation, the Service Provider shall provide an electronic payment option for settlement.

6. Access Authorization

Access Authorization means the electronic access provided by the Service Provider that enables the Guest to take possession of the accommodation.

The Access Authorization shall be provided electronically.

At present, Access Authorization is granted by electronically transmitting the access code required to open the key safe.

The Service Provider reserves the right to modify the technical method of providing Access Authorization at any time, provided that such modification does not adversely affect the proper use of the accommodation.

7. Conditions for Granting Access Authorization

The Service Provider shall grant Access Authorization only if:

• the booking has been validly concluded; 
• the full Accommodation Fee has been paid; 
• the Online Check-in has been successfully completed; 
• the statutory guest identification procedure has been completed; 
• any applicable Tourist Tax has been paid in full; 
• all required declarations have been received by the Service Provider. 

8. Withholding Access Authorization

Where any of the conditions set out in these GTC have not been fulfilled, the Service Provider shall be entitled to withhold Access Authorization.

The Service Provider shall not be obliged to grant access to the accommodation until all outstanding requirements have been fully satisfied.

If the deficiency is not remedied for reasons attributable to the Guest, the Guest shall bear all legal consequences arising from the failure of the booking.

9. Electronic Communication

The Contracting Party and the Guest acknowledge that all notifications, documents, declarations and access credentials relating to the procedures described in this Chapter shall be transmitted electronically.

The Service Provider shall not be liable for delays or damages arising from an incorrect e-mail address, the operation of the recipient’s e-mail system, spam filtering or any other technical circumstance beyond the Service Provider’s reasonable control.

7. TOURIST TAX

1. General Provisions

In connection with the use of the accommodation service, the Guest may be liable to pay Tourist Tax pursuant to the applicable laws of Hungary and the applicable municipal decree of the City of Sopron with County Rights.

The amount of the Tourist Tax shall be determined in accordance with the applicable municipal decree.

The Tourist Tax payable shall be shown as a separate item in the final electronic invoice.

2. Exemption from Tourist Tax

Exemption from the Tourist Tax may only be claimed in the cases provided for by the applicable laws and municipal regulations.

In order to claim an exemption, the Guest shall complete and sign the declaration provided by the Service Provider and, where required by law or by the Service Provider, submit the supporting documents no later than the completion of the Online Check-in process.

The Service Provider shall only be entitled to apply the exemption on the basis of the information and supporting documents made available to it.

The Service Provider shall not be obliged to investigate or prove the existence of the conditions for exemption on its own initiative; the burden of proof shall in all cases rest with the Guest.

3. Failure to Provide Proof of Exemption

If the Guest fails to submit the declaration or supporting documents required for the exemption within the deadline specified in these GTC, the Service Provider shall determine the Tourist Tax on the basis of the information available and include it in the final electronic invoice.

Following expiry of the deadline, the Service Provider shall not be obliged to recognise the exemption retrospectively.

4. Payment of the Tourist Tax

Where the final electronic invoice indicates that Tourist Tax is payable, settlement of the Tourist Tax shall constitute a prerequisite for the use of the accommodation.

The Tourist Tax shall be payable electronically using the payment method provided by the Service Provider.

If the Tourist Tax remains unpaid, the Service Provider shall be entitled to withhold Access Authorization in accordance with Chapter VI.

5. Early Departure

If the Guest permanently leaves the accommodation before the end of the booked stay, the Tourist Tax shall only be payable to the municipality for the nights actually spent at the accommodation.

Any overpaid Tourist Tax shall only be refunded if the Guest notifies the Service Provider in writing of the early departure no later than 8:00 p.m. on the day of departure by sending an e-mail to the Service Provider’s official contact e-mail address.

The notification shall contain at least:

• the booking reference number; 
• the Guest’s name; 
• the actual date and time of departure. 

6. Conditions for Refund

The Service Provider shall refund any overpaid Tourist Tax resulting from an early departure only if:

• the Guest has complied with the notification deadline; 
• the Service Provider is able to verify the early departure; 
• the legal conditions for the refund are fulfilled. 

If the notification deadline is missed, the Service Provider shall not be obliged to make any subsequent correction or refund in view of its automated invoicing, tax reporting and administrative systems.

7. Duty of Good Faith

The Guest shall provide truthful information when making declarations relating to Tourist Tax exemption and when supplying information required for the assessment of the Tourist Tax.

Should it subsequently be established that the Guest has provided false information or has unlawfully claimed an exemption, the Guest shall bear all resulting taxes, surcharges, penalties and any other legal consequences.

The Service Provider shall be entitled to recover any duly substantiated loss resulting therefrom from the Guest.

8. CHECK-IN AND CHECK-OUT OF THE ACCOMMODATION

1. Time of Arrival

The accommodation may be occupied from 2:00 p.m. on the day of arrival.

Subject to fulfilment of all conditions set out in these GTC, the Service Provider shall provide the Access Authorization no earlier than 2:00 p.m. on the day of arrival.

Earlier arrival shall only be possible with the prior written consent of the Service Provider and only where operational circumstances permit.

The Service Provider shall not be obliged to accommodate an earlier arrival.

2. Time of Departure

The Guest shall vacate the accommodation no later than 10:00 a.m. on the day of departure.

Before departure, the Guest shall:

• remove all personal belongings; 
• leave the accommodation in a condition suitable for normal use; 
• properly lock the apartment; 
• fulfil all obligations set out in these GTC and the House Rules. 

The Guest acknowledges that compliance with the departure time is essential for cleaning, technical inspection and preparation of the accommodation for the next Guest.

Late departure may jeopardise the Service Provider’s contractual obligations towards subsequent Guests.

3. Late Departure

If the Guest fails to vacate the accommodation by the time specified in these GTC and no prior agreement has been reached with the Service Provider, the Service Provider shall be entitled to recover any duly substantiated additional costs arising from the late departure.

Where the late departure prevents the Service Provider from making the accommodation available to the next Guest on time, the Guest shall compensate the Service Provider for any duly substantiated damage resulting therefrom.

4. Early Departure

The Guest may leave the accommodation before the end of the booked stay.

Early departure shall not entitle the Guest to any refund of the Accommodation Fee.

Any adjustment of the Tourist Tax shall be governed by the provisions of Chapter VII.

5. Acceptance of the Accommodation

Upon taking possession of the accommodation, the Guest shall immediately verify that the apartment has been made available in a condition suitable for its intended use.

If the Guest discovers any defect, damage or other irregularity, they shall notify the Service Provider in writing without delay.

The Service Provider shall not be liable for defects reported only after an unreasonable delay.

6. Leaving the Accommodation

Upon departure, the Guest shall:

• switch off all lights; 
• turn off all taps; 
• switch off all electrical appliances, except those intended by the Service Provider to remain in continuous operation; 
• properly lock the apartment; 
• leave the accommodation in a condition consistent with its intended use. 

7. Left Property

The Service Provider shall not be liable for personal belongings left in the accommodation.

If any property is found, the Service Provider shall, where reasonably practicable, retain it for a maximum period of 30 days.

The cost of returning the property shall in all cases be borne by the Guest.

After the expiry of the 30-day retention period, the Service Provider shall be entitled to dispose of or destroy any unclaimed property in accordance with the applicable laws.

9. RULES FOR THE USE OF THE ACCOMMODATION

1. Proper Use

The Guest shall use the accommodation solely for its intended purpose and in compliance with these GTC, the House Rules and all applicable laws.

The Guest shall refrain from any conduct that infringes the rights or legitimate interests of the Service Provider, other Guests, residents of the condominium or any third party.

2. Persons Entitled to Use the Accommodation

The accommodation may only be used by the Guests specified in the booking and lawfully registered.

The Guest shall not assign, sublet or otherwise make the accommodation available to any third party.

3. Binding Nature of the House Rules

The Service Provider sets out the detailed rules governing the use of the accommodation in the House Rules.

By taking possession of the accommodation, the Guest confirms that they have read, understood and accepted the House Rules as binding.

The House Rules form an integral part of these GTC.

4. Use of Furniture and Equipment

The Guest shall use all furniture, fixtures, technical equipment and other facilities of the accommodation in accordance with their intended purpose.

The Guest shall be liable for all damage resulting from improper use.

5. Obligation to Report Defects

If the Guest discovers any defect, damage or other irregularity within the accommodation, they shall notify the Service Provider in writing without undue delay.

The Guest shall not repair defects independently or engage any third party to carry out repairs.

6. Damage Caused by the Guest

The Guest shall compensate the Service Provider or any third party for all damage caused by the Guest, any person travelling with the Guest, any visitor invited by the Guest or any other person within the Guest’s sphere of responsibility.

The Service Provider shall be entitled to claim compensation directly from the Guest responsible for the damage.

7. Unlawful Use

Any activity within the accommodation that violates applicable laws, disturbs public order, interferes with the peace of others or jeopardises the proper operation of the accommodation is prohibited.

The Service Provider shall be entitled to terminate the Agreement with immediate effect in the event of unlawful conduct or a material breach of the Agreement.

8. Immediate Termination of the Agreement

The Service Provider may terminate the Guest’s right to use the accommodation with immediate effect if the Guest:

• materially breaches these GTC or the House Rules; 
• uses the accommodation improperly; 
• engages in unlawful activities; 
• seriously or repeatedly disturbs the peace of the residents of the condominium; 
• endangers the life, physical safety or property of the Service Provider or any other person. 

Such termination shall not affect any other rights of the Service Provider, including the right to claim damages.

9. Right of Inspection

The Service Provider shall be entitled, while respecting the Guest’s privacy, to inspect the proper use of the accommodation where necessary due to:

• an extraordinary event; 
• a technical malfunction; 
• a fire or accident hazard; 
• property protection reasons; 
• or a well-founded suspicion of a breach of these GTC. 

Where reasonably possible, the Service Provider shall carry out the inspection after giving prior notice to the Guest.

In urgent situations, the Service Provider may enter the accommodation without prior notice where necessary to protect persons or property or to prevent further damage.

10. LIABILITY

1. General Liability

The Service Provider shall provide the accommodation service in compliance with the applicable laws and with the standard of care reasonably expected of a professional service provider.

The Service Provider shall be liable only for damage demonstrably caused by the unlawful or negligent conduct of the Service Provider.

2. Liability of the Guest

The Guest shall be liable for all damage caused to the Service Provider, the condominium association or any third party by the Guest, any person staying with the Guest, any visitor invited by the Guest or any other person within the Guest’s sphere of responsibility.

The obligation to compensate shall extend to the full documented cost of repair, replacement or restoration.

3. Improper Use

The Guest shall be liable for all damage resulting from improper use of the accommodation or its equipment.

Compensation for such damage shall be without prejudice to any other rights of the Service Provider.

4. Guest Property

The Guest shall exercise due care in safeguarding their personal belongings.

The Service Provider shall be liable for loss, theft or damage to property brought onto the premises by the Guest only to the extent required by applicable law.

5. Use of the Safe

The Service Provider provides a safe within the accommodation for the Guests.

Detailed instructions regarding the use of the safe are contained in the Guest Information.

The Service Provider recommends that Guests keep cash, jewellery, identity documents and other valuables in the safe.

The Service Provider shall not be liable for damage resulting from improper use of the safe or failure to follow the operating instructions.

The provision of the safe is intended solely for the convenience of the Guest and shall not constitute a deposit agreement or a valuables custody service within the meaning of the applicable civil law.

The Service Provider shall be liable for valuables placed in the safe only in those cases and to the extent expressly required by applicable law.

6. Technical Equipment

All electrical appliances and other technical equipment provided within the accommodation shall be used only for their intended purpose.

The Service Provider shall not be liable for damage resulting from failure to comply with the operating instructions.

7. Force Majeure

The Service Provider shall not be liable for any damage or interruption of the accommodation service resulting from force majeure.

Force majeure shall include, in particular:

• natural disasters; 
• fire; 
• flood; 
• public health measures; 
• unforeseen interruption of utility services; 
• actions of public authorities; 
• any other unavoidable event beyond the reasonable control of the Service Provider. 

8. Third-Party Services

The Service Provider shall not be liable for the quality or operation of services provided by third parties.

This includes, in particular:

• internet and mobile network services; 
• utility services; 
• electronic payment systems; 
• navigation or mapping services; 
• other external services. 

9. Maintenance and Technical Malfunctions

The Service Provider shall be entitled to carry out all maintenance work necessary for the safe and proper operation of the accommodation.

Where maintenance is urgent or cannot reasonably be postponed, the Service Provider may carry out such work during the Guest’s stay, where reasonably possible after giving prior notice to the Guest.

10. Limitation of Liability

The Service Provider shall not be liable for damage:

• resulting from the Guest’s own conduct; 
• arising from incorrect information provided by the Guest; 
• resulting from the operation of the Guest’s e-mail system; 
• caused by third parties; 
• arising from circumstances beyond the reasonable control of the Service Provider. 

11. Loss of Profit

The Service Provider shall also be entitled to recover any duly substantiated loss resulting from the Guest’s breach of contract where, as a consequence, the accommodation could not be made available, or could only be made available with delay, for a subsequent booking.

Such loss may include, in particular:

• lost Accommodation Fees; 
• documented costs of extraordinary cleaning; 
• costs of emergency repairs; 
• documented additional costs arising from rebooking arrangements or accommodating other Guests. 

11. CANCELLATION AND TERMINATION OF THE AGREEMENT

1. Cancellation of the Booking

The Contracting Party may cancel the booking only by submitting a written notice to the Service Provider’s official contact e-mail address.

Cancellation by telephone, via social media or through any other informal communication channel shall not constitute a valid cancellation.

2. Effective Time of Cancellation

The effective time of cancellation shall be the time at which the cancellation notice is received at the Service Provider’s official contact e-mail address.

3. Cancellation Policy

The cancellation of the booking and any refund shall be governed by the Cancellation Policy in force at the time the booking was made.

The Cancellation Policy forms an integral part of these GTC.

4. Termination of the Agreement

The Agreement shall terminate:

• upon proper performance of the accommodation service; 
• by mutual agreement of the Parties; 
• in any other cases specified in these GTC; 
• where required by applicable law. 

5. Right of Immediate Termination by the Service Provider

The Service Provider shall be entitled to terminate the Agreement with immediate effect if the Guest:

• materially breaches these GTC; 
• violates the House Rules; 
• provides false information; 
• engages in unlawful conduct; 
• seriously or repeatedly disturbs the peace of the residents of the condominium; 
• uses the accommodation improperly; 
• endangers life, physical safety or property. 

6. Failure of the Online Check-in Process

Where the Online Check-in, guest identification or payment requirements set out in Chapter VI are not fulfilled for reasons attributable to the Guest, performance of the Agreement shall become impossible.

Such failure shall not constitute a breach of contract or defective performance by the Service Provider.

All legal consequences arising from such failure shall be borne by the Contracting Party and/or the Guest.

7. Treatment of Payments Already Made

Where the Agreement cannot be performed for reasons attributable to the Contracting Party or the Guest, any refund of payments already made shall only be made in the cases specified in the Cancellation Policy or required by applicable law.

8. Claims for Damages

Termination or failure of the Agreement shall not affect the Service Provider’s right to assert against the Contracting Party or the Guest any claims for damages, reimbursement of costs or any other civil law remedies provided for in these GTC or under applicable law.

9. Severability

Should any declaration made by the Contracting Party or the Guest, or any provision of the Agreement concluded under these GTC, be held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of the Agreement or of these GTC.

12. COMPLAINT HANDLING

1. Submission of a Complaint

The Guest may submit any complaint relating to the accommodation service primarily in writing to the Service Provider’s official contact e-mail address.

To enable proper handling of the complaint, the Guest shall provide at least:

• their name; 
• the booking reference number (where available); 
• their contact details; 
• a detailed description of the complaint; 
• where appropriate, documents or photographs supporting the complaint. 

2. Investigation of the Complaint

The Service Provider shall investigate the complaint within a reasonable period of time.

Where additional information or documentation is required for the investigation, the Service Provider shall be entitled to request its submission.

The Guest shall cooperate in good faith by providing all information necessary for the investigation.

3. Response to the Complaint

The Service Provider shall respond to the complaint in writing.

The response may be sent electronically to the e-mail address provided by the Guest during the booking process or when submitting the complaint.

4. Duty to Cooperate

The Parties shall endeavour to resolve any dispute amicably in the first instance.

The Service Provider and the Guest shall cooperate during the investigation of the complaint and provide each other with all information reasonably required.

5. Deadline for Reporting Complaints

The Guest shall report any defect or objection discovered during the stay as soon as reasonably possible, but no later than the time of departure.

The Service Provider shall not be liable for defects or deficiencies reported only after the Guest has departed where such defects could no longer be inspected or remedied on site.

6. Burden of Proof

The burden of proving the facts underlying a complaint shall rest with the party submitting the complaint.

When investigating a complaint, the Service Provider shall be entitled to rely on electronic records, system logs, CCTV recordings (where available in common areas), electronic communications and any other relevant evidence.

7. Legal Remedies

Where a complaint cannot be resolved amicably, the Guest shall be entitled to pursue the legal remedies available under the applicable laws.

Nothing in this Section shall limit the statutory rights of consumers.

8. Good Faith Exercise of Rights

The Parties shall exercise their rights in accordance with their intended purpose and in compliance with the principles of good faith and fair dealing.

Where a complaint or claim is manifestly made in bad faith, based on false allegations or intended to unjustifiably damage the reputation of the Service Provider, the Service Provider reserves the right to pursue all legal remedies available under applicable law.

9. Duty to Mitigate Damage

The Guest shall promptly report any defect or damage discovered during the stay and shall reasonably cooperate in preventing or mitigating any resulting damage.

Where the Guest culpably fails to comply with this reporting obligation, thereby increasing the extent of the damage or making its remedy unnecessarily difficult, the Service Provider shall be entitled to take this circumstance into account when determining liability and assessing any claim for damages.

13. DATA PROTECTION

1. Processing of Personal Data

In providing the accommodation service, the Service Provider processes the personal data of the Guest and the Contracting Party in accordance with the applicable data protection legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation – GDPR), as well as the applicable Hungarian data protection laws.

2. Privacy Notice

The detailed rules governing the processing of personal data are set out in the Service Provider’s separate Privacy Notice.

The Privacy Notice forms an integral part of these GTC.

3. Acceptance of the Privacy Notice

During the booking process, the Contracting Party confirms by separate declaration that they have read and acknowledged the Privacy Notice.

During the Online Check-in process, the Guest acknowledges that the processing of their personal data is a prerequisite for the provision of the accommodation service and for compliance with statutory obligations.

4. Processing Based on Legal Obligations

The Guest acknowledges that certain personal data are processed by the Service Provider not on the basis of consent, but in order to comply with legal obligations.

This includes, in particular:

• processing data required for guest identification; 
• statutory electronic data reporting; 
• data processing related to invoicing; 
• compliance with tax and accounting obligations. 

5. Involvement of Third Parties

The Guest acknowledges that the Service Provider engages data processors and other service providers in order to perform the accommodation service.

The categories of data processors, their responsibilities and the detailed rules governing data processing are set out in the Privacy Notice.

6. Use of Electronic Systems

The Guest acknowledges that the Service Provider uses automated electronic systems in the course of providing the accommodation service.

Personal data required for the performance of the service may be processed and transmitted through such systems solely in accordance with the applicable legislation and the provisions of the Privacy Notice.

7. Exercise of Data Protection Rights

Requests, declarations and other communications relating to the processing of personal data may be submitted by the Guest to the Service Provider’s official contact e-mail address.

The Service Provider shall respond to data subject requests within the deadlines prescribed by applicable law.

8. Relationship Between Data Processing and the Provision of the Service

The Guest acknowledges that the Service Provider is able to provide the accommodation service only if the personal data required by law and necessary for the performance of the service are made available.

If the Guest refuses to provide the personal data required by law or refuses to complete the mandatory guest identification procedure, the Service Provider shall be legally unable to provide the accommodation service.

The legal consequences of such refusal shall be governed by the provisions of Chapter VI of these GTC.

14. ELECTRONIC DOCUMENTS AND ELECTRONIC COMMUNICATION

1. Electronic Administration

The Contracting Party and the Guest acknowledge that Frank Apartman primarily conducts its booking, payment, guest identification, communication, invoicing and other administrative processes by electronic means.

Communication between the Parties shall primarily take place by e-mail and through the electronic administration systems used by the Service Provider.

2. Electronic Documents

The Service Provider shall, in particular, be entitled to send the following documents electronically:

• booking confirmations; 
• payment notifications; 
• electronic invoices; 
• links required for Online Check-in; 
• declarations relating to the Tourist Tax; 
• House Rules; 
• Guest Information; 
• arrival information; 
• access credentials required for entry; 
• any other documents or notifications relating to the performance of the Agreement. 

3. Electronic Delivery

Documents sent by the Service Provider to the e-mail address provided by the Contracting Party shall be deemed duly delivered, provided that their dispatch from the Service Provider’s electronic system can be verified.

The Contracting Party shall provide a valid and operational e-mail address that remains accessible throughout the entire booking process.

4. Responsibility of the Contracting Party

The Contracting Party shall be responsible for the accuracy and functionality of the e-mail address provided.

The Service Provider shall not be liable for any disadvantage resulting from:

• an incorrect or non-existent e-mail address; 
• a full mailbox; 
• malfunction of the e-mail system; 
• electronic messages being filtered as spam or otherwise not opened; 
• failure of the Contracting Party or the Guest to check their electronic correspondence. 

5. Electronic Declarations

Electronic declarations submitted by the Contracting Party or the Guest under these GTC shall be deemed written declarations, provided that they are sent to the official contact e-mail address of the Service Provider.

The Service Provider shall be entitled to retain and archive such electronic declarations in connection with the performance of the Agreement.

6. Automated Notifications

The Contracting Party acknowledges that the Service Provider operates automated electronic systems.

Booking confirmations, notifications, invoices, payment requests, Online Check-in links, access credentials and other electronic documents generated by such automated systems shall constitute official communications of the Service Provider.

7. Electronic Archiving

The Service Provider shall be entitled to retain electronic documents, declarations and communications relating to the performance of the Agreement in electronic form for the period prescribed by applicable law.

8. System Maintenance

The Service Provider shall be entitled to carry out maintenance, development and security work on its electronic administration systems.

The Service Provider shall use reasonable efforts to minimise any disruption to the services but shall not be liable for unavoidable and temporary interruptions resulting from such work.

9. System Failure

Should an unforeseen technical malfunction or system failure temporarily prevent electronic administration, the Service Provider shall be entitled to take the measures necessary for the performance of the Agreement through other appropriate means of communication.

Such temporary measures shall not constitute a breach of contract or defective performance.

10. Modification of Electronic Systems

The Service Provider shall be entitled, at any time, to modify or replace the electronic systems, applications, payment service providers or other technical solutions used for the performance of the service where this is necessary to maintain or improve the quality of the service.

Such technical modifications shall not constitute an amendment to the Agreement, provided that they do not materially affect the rights or obligations of the Contracting Party or the Guest.

15. FINAL PROVISIONS

1. Entry into Force

These General Terms and Conditions shall enter into force on the effective date determined by the Service Provider and shall remain in force until amended or withdrawn.

These GTC shall apply to all bookings made after their effective date.

2. Amendment of the GTC

The Service Provider shall be entitled to amend these GTC unilaterally.

Any amendment shall take effect on the date of its publication on the official website of the Service Provider and shall apply only to agreements concluded after its entry into force.

Any amendment shall not affect bookings that have already been confirmed, unless otherwise required by applicable law or agreed in writing by the Parties.

3. Governing Law

Any matter not regulated by these GTC shall be governed by the laws of Hungary.

In particular, the following shall apply:

• Act V of 2013 on the Hungarian Civil Code; 
• the applicable consumer protection legislation; 
• the applicable legislation governing accommodation services; 
• the applicable data protection legislation of Hungary and the European Union. 

4. Severability

Should any provision of these GTC be held invalid, unenforceable or contrary to applicable law, such invalidity shall not affect the validity or enforceability of the remaining provisions.

The invalid provision shall be replaced by a valid provision that most closely reflects the legal and economic purpose of the original provision.

5. Settlement of Disputes

The Service Provider, the Contracting Party and the Guest shall endeavour to resolve any dispute through negotiation and amicable settlement.

Where no amicable settlement can be reached, the Parties may refer the dispute to the competent Hungarian court in accordance with the applicable laws.

To the extent permitted by law, the Parties agree that disputes concerning proprietary claims shall fall within the exclusive jurisdiction of the court having jurisdiction at the registered seat of the Service Provider.

Nothing in this provision shall limit the consumer’s statutory right to seek the assistance of competent authorities or alternative dispute resolution bodies.

6. Unity of the Contractual Documents

These GTC form part of the contractual documentation system applied by the Service Provider.

The related documents include, in particular:

• Privacy Notice; 
• Cookie Policy; 
• House Rules; 
• Guest Information; 
• Imprint; 
• Booking and Cancellation Policy. 

These documents shall be interpreted together and consistently.

7. Language Versions

The Service Provider may publish these GTC in Hungarian, German and English.

In the event of any discrepancy between the language versions, the Hungarian version shall prevail.

8. Effective Date

Effective date of these General Terms and Conditions:

10 August 2026

Frank Apartman

Bankó-Erdősi Viktória

Accommodation Service Provider