GENERAL TERMS AND CONDITIONS FOR THE USE OF “THE FERRIS-WHEEL OF BUDAPEST”
Effective: from 1st May 2019
I. INTRODUCTORY PROVISIONS
1./ In respect of the “Ferris Wheel of Budapest” (hereinafter referred to as Ferris Wheel) operated by Ferris Wheel Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (H-1051 Budapest, Széchenyi István tér 7-8. C. ép. 1. em., Company registration No.: Cg.01-09-337618, hereinafter referred to as Operator) on Erzsébet tér, the present General Terms and Conditions (hereinafter referred to as GTC) determine (i) the rights and obligations related to ticket purchase, as well as the legal relationship between the Operator and the ticket purchasers; and (ii) the rights and obligations of visitors related to the use of the Ferris Wheel, including the mandatory rules of conduct as well.
In case you consider becoming our customer, as well as an active user of our website, we kindly ask you to thoroughly read the present GTC and use our services solely if you consent to each and every section of present GTC and acknowledge these provisions as legally binding.
Present document solely exists in electronical form and cannot be retrieved later on. Operator does not subject itself to the rules of conduct.
In regard to questions arising about the general operation of the website, as well as its order and delivery processes, Operator can be reached via the provided contact information.
By using the website operated by Operator and making a purchase, you acknowledge the provisions of present GTC as legally binding, acknowledge and accept its content, during the delivery of services the provisions of resent GTC shall be authoritative.
Present GTC are determined in advance unilaterally by Operator, without the collaboration of the other party, with the aim of entering multiple contracts. The Terms are not discussed between the parties, so the provisions of the Civil Code are authoritative in their respect.
The establishment of contract is classified as written contract, where justification is provided by the electronically saved purchase data provided by the Ticket purchaser. The written contract constitutes of the data entered by the Ticket purchaser, the data stored in respect to the tickets within the systems of the service Provider, the bank confirmation of the transaction as well as the wording of the GTC.
The contract between Operator and Ticket purchaser/Visitor is established for a limited period, until the termination of use of the Ferris Wheel. The contract is not converted into a contract with an indefinite period.
2./ Ticket purchaser (hereinafter referred to as Ticket Purchaser) shall mean the person who purchases a certificate which grants entry to the Ferris Wheel and which was issued in printed form and is affixed with unique identifier (hereinafter referred to as Ticket), or who purchases a certificate issued in any form and which represents the claim for the Ticket (hereinafter referred to as Voucher). Visitor (hereinafter referred to as Visitor) shall mean the natural person who actually uses the Ferris Wheel.
Ticket purchaser/Buyer classifies as consumer if they are natural persons acting outside the scope of their profession, individual occupation or business activity.
Operator’s data:
Company name: Ferris Wheel Kereskedelmi és Szolgáltató Kft. („Operator”)
Headquarters: 1051 Budapest, Széchenyi István tér 7-8. C. building. 1st floor.
Taxpayer identification number: 26657774-2-41
Company registration number: 01-09-337618
Registered by: Company Registry Court of Budapest
Language of contract: Hungarian
Online contact: info@oriaskerek.com
Contact by phone: +36706360629
Representative: Banka Edina, managing director
Website: www.oriaskerek.com
Name, address, e-mail address of online storage space provider: Google Inc. (1600 Amphiteatre Parkway, Mountain View, California 94043, USA) https://policies.google.com/privacy?hl=hu as well as TZTeam Kft. headquarters: 1161 Budapest, Rákóczi út 48.
3./ Tickets may be purchased, and the Ferris Wheel may be used only with the acceptance of and in compliance with the GTC. The Ticket Purchaser and the Visitor other than the Ticket Purchaser consider themselves bound by the provisions of the GTC upon buying the Ticket or the Voucher, or upon using the Ferris Wheel, respectively. Operator may deny providing services to any Ticket Purchaser or Visitor who disobeys or breaches the rules, and in justified cases, Operator may remove such Ticket Purchaser or Visitor from the premises of the Ferris Wheel, in which case the Ticket Purchaser or the Visitor may not demand refund for the Ticket or the Voucher.
4./ In respect to the contract, the provisions of the Hungarian law are authoritative; especially the below legislation:
- Act CLV. of 1997 on Consumer Protection
- Government Decree 45/2014. (II.26.) on the detailed rules of the contracts between consumer and company
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
We inform you that the mandatory provisions (not allowing for any deviations) of the relevant legislation are authoritative on the parties without any specific clauses.
The present GTC shall enter into effect for an indefinite term on 1st May 2019. Operator is entitled to unilaterally change the GTC by drawing visitor attention to the changes via the website.
II. TICKET PURCHASE
1./ Tickets may be purchased exclusively in person, while Vouchers may be purchased in person or via electronic means through Operator’s own online sales interface.
2./ All ticket types can be bought online. The displayed ticket prices are in HUF and they contain VAT. Further costs borne by the Ticket purchaser beyond the displayed prices do not arise, the amount of the consideration contains all costs with regard to given purchase. Ticket purchaser does not have any further obligations beyond paying the quid pro quo.
3./ In case of online purchase, after the necessary data had been provided, the present GTC and the Privacy Policy of Operator had been accepted, and after the bank transaction had been completed successfully, Operator will send an e-mail to the e-mail address provided by the Ticket Purchaser, which e-mail will contain the (those) link(s) from which the Voucher(s) due to the Ticket Purchaser may be downloaded. Payment and the delivery of the electronic ticket to the e-mail address provided by Ticket purchaser technically happens immediately in real time. The Voucher cannot be delivered in physical form as it is delivered electronically by Service provider. Delivery of services is automatic, execution deadline is immediate.
If the Ticket Purchaser did not receive the Voucher(s) for technical reasons, then upon the relevant notification of the Ticket Purchaser, Operator shall send the Voucher(s) to the e-mail address provided again and free of charge. Considering that after the purchase, by virtue of the sending of the e-mail by Operator, the purchase shall be deemed concluded and the Voucher received, the Ticket Purchaser shall be solely responsible for notifying Operator without delay that Ticket Purchaser had in fact not received the Voucher.
Each and every Voucher purchased online is affixed with a separate certificate (electronic solution suitable for unique identification, for example QR code), therefore in case of very purchase, the Ticket Purchaser will find one or more links, depending on the number of Vouchers purchased. All links lead to different certificates, therefore, if multiple Vouchers are purchased, then all certificates shall be shown upon entry. Visitor must show the (printed) certificates at the ticket booth of the Ferris Wheel, where the purchased tickets shall be provided. The Visitor shall be responsible for retaining the Voucher, as well as for presenting it upon the use of the Ferris Wheel, when Operator issues the Ticket in place of the Voucher.
4./ Operator explicitly declares that the Vouchers and Tickets are bearer vouchers and tickets. In order to comply with the accounting laws and in the interest of the safety of the transactions, in accordance with the provisions of the Privacy Policy – despite the fact that the Vouchers are not specified by name –, Operator will retain the data of the Ticket Purchaser who buys Vouchers on the online interface, and these data will be interconnected with the Vouchers purchased in the database of Operator.
5./ In case of ticket purchase in person, the Ticket Purchaser may take the Ticket(s) or Voucher(s) at the points of sale operated by Operator or the contractual partners of Operator, during business hours, using the payments methods indicated at the points of sale and subject to simultaneous payment.
6./ Ordering process:
Choosing the tickets:
For information purposes, the relevant information is displayed under each ticket category found on the website. Ticket purchaser shall enter the number of tickets to be purchased in the fields displayed at each ticket type.
Adding to Basket:
After entering the number of tickets to be purchased and clicking the “Add to Basket” button, the tickets are placed in the basket. At this point, Ticket Purchaser does not have any obligation to pay or purchase the tickets as adding to the basket is not considered bidding. It is advisable to add the products to basket even if Ticket Purchaser is not certain that they wish to purchase given products, as all selected products become visible to Ticket Purchaser in the basket. Thus, Ticket Purchaser can view and compare the products. The contents of the basket can be freely modified until the finalization of the order – pressing the “Proceed to checkout” button -, products can be removed from and added to the basket, and the desired number of respective products can also be modified.
If Ticket Purchaser does not wish to select further tickets, then they shall click the “Proceed to checkout” button. If Ticket Purchaser wishes to place further tickets in the basket, then they shall click the “Continue shopping” button.
Viewing and modifying the basket:
While using the website, Ticket Purchaser may check the contents of the basket by clicking the “Basket” button on the right side of the website. Here, it is possible to remove selected products from the basket and change the number of selected tickets. The system displays the updated information, including the price of products in the basket after clicking the “Update basket” button.
If Ticket Purchaser does not wish to select further products and add them to the basket, then they can finalize the purchase and pay for the tickets by clicking the “Proceed to checkout” button. After clicking the “Proceed to checkout” button, the content of the basket is displayed and the total amount to be paid by Ticket Purchaser for the selected products. Then, Ticket Purchaser may continue with the ordering process by clicking “Proceed to PayPal”, or may delete/modify the previously entered data and go back to the contents of the basket by clicking the “back arrow” icon in the browser.
Correction of data entry errors:
Ticket Purchaser has the opportunity to constantly modify the entered data before finalizing the order (by clicking the go back arrow/button in the browser the previous page is displayed, so the entered data can be modified even if Ticket Purchaser had already entered the next page). It is Ticket Purchaser’s responsibility to ensure that all data is entered correctly, as this serves as the basis of the Voucher. Operator does not take responsibility for fulfilling orders based on inaccurate data entry. Fullness of an inaccurately entered e-mail address or postal address may result in the absence of delivery of the confirmation, and thus may hinder the establishment of contract – in such relation, Operator excludes all liability.
Completion of order (bidding):
Once Ticket Purchaser made sure that the content of the basket falls in line with the products they wish to order, and their data is entered correctly, then Ticket Purchaser may complete their order by clicking “Proceed to PayPal”. Information provided on the website does not classify as Operator’s offer for the establishment of contract. In case of orders falling under the scope of present GTC, Ticket Purchaser qualifies as bidder and the contract is established on the basis of Operator’s acceptance of Ticket Purchaser’s bid made through the website, as per the provisions of present GTC.
By clicking “Proceed to PayPal”, Ticket Purchaser explicitly acknowledges that their bid had been made, and Ticket Purchaser’s acknowledgement – in case of Operator’s confirmation, as per present GTC – entails a payment obligation. Ticket Purchaser’s bid is considered binding during a period of 48 hours. In case Ticket Purchaser does not receive the purchased voucher within a couple minutes from purchase, the reason is supposedly connection error. It is imperative that Ticket Purchaser does not repeat the transaction, but rather reaches out to Operator, that shall remedy the problem. If Ticket Purchaser’s bid is not confirmed by Operator within 48 hours – as per current GTC -, then Ticket Purchaser is relieved from the bound of their bid.
Processing of orders, establishment of contract:
Ticket Purchaser may complete their order at any given time. Operator confirms Ticket Purchaser’s offer via an e-mail sent during the workday following the completion of Ticket Purchaser’s bid at the very latest. Contract is established through Operator’s acceptance of Ticket Purchaser’s bid.
Billing:
Ticket Purchaser may fill in the billing data at the order page, the invoice is automatically generated using the data provided. If Ticket Purchaser does not fill in the billing data, then the following name and address will be displayed: Private Individual Customer, 1051 Budapest, Erzsébet tér. The invoice will be delivered to the e-mail address provided by Ticket Purchaser within 14 days following the order.
Payment:
The quid pro quo of the order is to be paid immediately via PayPal during the purchase process. Ticket Purchaser will be redirected to PayPal’s website after ordering the selected tickets, where Ticket Purchaser may initiate the payment. PayPal maintains electronic accounts for its customers, which may be topped up from their bank account via credit card payments or bank transfers. Thus, confidential credit card or bank account information will not be shared and transferred during online purchases, using the PayPal username and password is enough to process the purchase.
In order to be able to use PayPal, Ticket Purchaser must create a free account at www.paypal.hu. Following registration, Ticket Purchaser receives an activation e-mail from PayPal, which can be used to activate their account. Ticket Purchaser may assign their bank account of credit/debit card.
7./ The purchasing process may be terminated without consequences at any time before the payment is completed. Since the purchased ticket is valid for a month from the day of the purchase, Ticket purchaser may withdraw from the contract or within 14 days following payment, by providing a respective obvious declaration (containing the number of the voucher, as well as declaration that given voucher had not been used, the date of entering the contract, name and address of Ticket purchaser). Such declaration must be sent to any of the contact information provided by Operator in section I/2. Except for the cases expressly specified in the present GTC, Operator excludes the exchange, replacement or redemption of the Tickets and Vouchers, or the refund of the purchase value of the Tickets in any other way.
If Ticket purchaser lawfully withdraws from the contract, Operator will refund the full amount of the consideration paid by Ticket purchaser forthwith, but within 14 days of notice at the latest. The amount will be refunded by Operator in the way used by Ticket purchaser during the payment process.
8./ Only the persons authorised by Operator through written agreement are entitled to resell the Tickets and Vouchers for the Ferris Wheel.
9./ The Ticket Purchaser and the Visitor acknowledge that Operator is not liable for any loss or abuse which arises from the course of or as a result of the application of any of the payment methods, therefore Operator is also not liable for if the Ticket Purchaser failed to notify the financial institution which issued the bank card that their bank card had been lost. Operator explicitly excludes liability for the failures, inadequacies or security of the payment solution applies.
10./ Ticket Purchaser acknowledges that the continuous operation of the system may be interrupted without Operator’s prior knowledge and intention, due to the characteristics of internet. Operator correspondingly does not guarantee the error-free and undisturbed operation of its services and website, nor the fact that access to its services will be continuous or error-free.
Operator is entitled to partially or completely suspend the service in order to maintain the service or website, or for any further safety considerations, without any prior information or notice.
Operator shall only be responsible for the imputable damages caused by wilful or gravely negligent faults. The scale of responsibility cannot exceed the value of the purchase transaction.
11./ Implied warranty
On the basis of the provisions of the Civil Code, Ticket Purchaser may make a claim for implied warranty against Operator, in the case of Operator’s defective performance.
Ticket Purchaser – as per their choice – may make the below demands for implied warranty:
Ticket Purchaser may demand amendment or exchange, except, if the claim chosen by Ticket Purchaser is impossible to fulfil or if it would imply an unproportionally large extra cost for Operator, as compared to the fulfilment of another claim. If Ticket Purchaser did not or could not request for amendment or exchange, then they may demand the proportional reduction of the consideration or Ticket Purchaser may also correct the error at Operator’s cost. As a last resort, Ticket Purchaser may also withdraw from the contract.
Ticket Purchaser may also change the method of chosen implied warranty to another, however, in such case Ticket Purchaser bears the cost of change, except, if the change was justified or was given reason to by Operator.
Ticket Purchaser must forthwith notify Operator of the error but within two months of the discovery of such error at the latest. Implied warranty rights cannot be exercised beyond the two-year expiry deadline following contract fulfilment.
Within 6 months of fulfilment – if Ticket Purchaser justifies that the service or product was provided by Operator – there is no other condition to exercising implied warranty rights beyond notifying Operator of the error. Beyond 6 months of fulfilment, however, Ticket Purchaser is obliged to prove that the error discovered by Ticket Purchaser had already existed at the time of fulfilment.
III. USE OF THE FERRIS WHEEL
1./ The Ferris Wheel may be used during the period of operation and opening hours specified by Operator, and with a valid Ticket. The period of operation, the opening hours and the current ticket prices are available on site, and on the www.oriaskerek.com website. The Voucher purchased – personally or via electronic means – for the purpose of using the Ferris Wheel may be redeemed within one month of the day of the purchase. At the same time, Operator warns the Visitor that Operator – subject to its own unilateral decision – may stop the operation of the Ferris Wheel at any time earlier than as specified above, in which case the Voucher may be redeemed for a Ticket only until Operator actually allows the use of the Ferris Wheel. Operator expressly excludes its liability if for this reason the Visitor is unable to use the Voucher purchased.
2./ The Ticket – regardless of whether it had been purchased personally, or if the Voucher purchased previously was redeemed for a Ticket – may be used on the day of the purchase/redemption exclusively. The Ticket entitles the Visitor to use the Ferris Wheel for three full turns, in the cabin designated by Operator. In case of any possible misuse of the Ticket or Voucher (for example, earlier unauthorised entry with the code indicated on the Voucher), Operator will not issue a new Ticket. Considering the above, in case of online ticket purchase, the Ticket Purchaser or the Visitor shall be solely obliged to and responsible for safekeeping the Voucher with due care and so that the Voucher cannot be accessed by unauthorised persons. Operator does not undertake liability for possible misuses.
3./ The Visitor shall keep the receipt or invoice received upon the purchase throughout Visitor’s stay on the Ferris Wheel. Without the receipt, the Visitor is not entitled to the refund of the price of the Ticket in any case. The Visitor shall also keep the Ticket purchased on his/her person and shall present it to the employees of Operator upon request. Operator has the right to remove any person who tries to enter the Ferris Wheel without a valid Ticket from the premises of the Ferris Wheel.
4./ In the interest of the safety of the Visitors, Operator reserves the right to restrict the objects and appliances which may be taken onto the premises of the Ferris Wheel. Therefore, it is prohibited in particular to bring onto the premises of the Ferris Wheel any narcotics, pyrotechnics devices, any object or appliance containing explosive, toxic or flammable materials, equipment suitable for making graffiti, paint spray cans and markers, as well as firearms, any kind of cutting or stabbing device, gas sprays, loaded sticks, expandable batons, metal chains, throwing stars, sling-shots, and any other object particularly dangerous for public safety and specified in the prevailing law on object particularly dangerous for public safety – currently Gov. Decree No. 175/2003. (X. 28.) –, furthermore, in general, objects the possession of which is unlawful, or which could otherwise jeopardize the safety of the persons who are on the premises of the Ferris Wheel. It is prohibited to board the Ferris Wheel with food, alcoholic beverages, bottles, flasks and glasses. The Visitor may not enter the premises of the Ferris Wheel if he/she has the objects subject to the restriction.
5./ The Ferris Wheel cannot be used under the influence of alcohol or narcotics. The Visitor shall be responsible for not using the Ferris Wheel in a condition or in possession of the objects listed or not listed in Section III/4 which could be dangerous to the life, physical integrity, health or safety of the Visitor or others.
6./ Children under the age of fourteen may visit the Ferris Wheel only under constant parental supervision or accompanied with any other adult.
7./ The Visitor is not entitled to take animals – apart from the statutorily allowed guide dogs and police dogs – on the Ferris Wheel.
8./ The Visitor shall obey the requests and instructions of the employees of the Operator, provided that such requests and instructions are related to the operation of the Ferris Wheel and do not infringe the constitutional rights of the Visitor.
9./ When boarding and getting off the Ferris Wheel, the Visitor shall wait until the Ferris Wheel comes to a standstill. If – for technical or other reason – the Ferris Wheel suddenly stops during a turn, then the Visitor shall stay in the cabin and wait until the end of the turn or for the instructions of the operator. The Visitor shall not open the door or the window of the cabin, shall not lean out of those, and shall not throw objects out of the window, and shall not cause the imbalance of the cabin wilfully. In case of emergency, the Visitor may report the emergency by using the telephone found in the cabin. It is mandatory to wear clothes and shoes while using the Ferris Wheel; Operator may initiate legal action against the persons who disobey this rule and cause outrage in other Visitors.
10./ Smoking, as well as the consumption of alcoholic beverages and narcotics are prohibited on the Ferris Wheel.
11./ Littering, vandalism, nuisance, as well as any other activity which may damage the devices and appliances owned by the Ferris Wheel, or which may hinder or endanger the operation of the Ferris Wheel in any way are prohibited.
12./ The Visitor shall not board the Ferris Wheel or enter the premises of the Ferris Wheel is he/she breaches the regulations specified in Sections III/4-7. If the Visitor enters the premises of the Ferris Wheel or boards on the Ferris Wheel after having breached the above regulations, or if the Visitor breaches the regulations specified in Sections III/8-11 during the ride, then the Visitor does so at their own responsibility, and Operator explicitly excludes its liability for the accidents, injuries, damages and other consequences resulting from such breach. In addition to the above and subject to Operator’s sole discretion, Operator may prohibit the entry of persons who act in any way that endangers the safety or uninterrupted activity of the other Visitors, as well as Operator may remove those persons from the premises of the Ferris Wheel who act in such way or breach the provisions of the GTC during the ride. If Operator denies service to any person due to the breach of the provisions of the present GTC, then the Ticket Purchaser or the Visitor shall not claim refund for the price of the Voucher or the Ticket.
13./ The Visitor shall have full liability – in terms of both civil and criminal law – for the damages caused by any minor supervised by the Visitor, to both the Operator and the owner of the Ferris Wheel, and both to the other Visitors and third parties. Operator excludes its liability for any and all damages which were caused to any Visitor of the Operator or any third party by the unlawful activity or the omission of the Visitor or any third party. Operator may claim compensation of the entire damage – including the actual financial loss and lost profits as well – from anyone who causes damage to the Ferris Wheel through their wilful or negligent conduct, and Operator may initiate proceedings for damages against such person.
14./ Operator – apart from the cases specified in Section III/15 – warrants that the Visitor can use the Ferris Wheel with the Ticket, with that considering the high visitor number, Operator does not warrant how long the entry process itself actually takes.
15./ The Ferris Wheel may be used only at one’s own risk. Operator shall be liable exclusively for the wilful breaches of contract attributable to Operator, and the breaches of contract which damage human life, physical integrity or health, and apart from the rights to which the Visitors are entitled to under law, Operator explicitly excludes its liability in connection with any other loss or damage. The price of the Ticket is determined in consideration of the Section 16. exclusions.
16./ Operator will make all reasonable efforts to ensure that the Ferris Wheel is continuously available to the Visitors during the opening hours. Nevertheless, Operator reserves the right to – subject to its sole discretion – suspend the operation of the Ferris Wheel or close is, either for safety or other reasons, and even without prior notification. Operator may change the operating hours at any time. In case of extreme weather conditions (therefore in particular in case of lightning, downpour, rainstorm, windstorm, high wind or hurricane), Operator may suspend the use of the service temporarily or may terminate it permanently. In such case, as well as in case of the technical failure of the Ferris Wheel, Operator will issue a new Voucher instead of the Ticket already purchased but not yet used, as well as Ticket with which the Visitor had already entered but the service had not been provided for the duration specified in Section III/2, with that such re-issued voucher may be redeemed for the new Ticket within sixty days of the issuance. Apart from the cases above, Operator is not obliged to pay any damages, indemnification or compensation to the Visitor on any legal ground, therefore Operator shall not reimburse the Visitor for their travelling or accommodation costs in particular.
17./ Visitor shall keep their personal belongings and valuables on his/her person. Operator explicitly excludes its liability for damages arising from the personal belongings and valuables being lost, stolen or getting damaged.
IV. COMPLAINT ADMINISTRATION AND ENFORCEMENT POSSIBILITIES
1./ Consumer may raise complaints regarding Seller’s product or activity using the contact information provided below:
- Telephone: +36706360629
- Website: www.oriaskerek.com
- E-mail: info@oriaskerek.hu
2./ Consumer may raise a complaint at Operator in oral or written form regarding the behavior, activity or default of Operator or any person acting on behalf of Operator in direct relation with ticket purchase especially, or the way and quality of providing the service.
Oral complaints must be investigated and if necessary, immediately remedied by Operator. If consumer does not agree with the way of handling their complaint, or if the immediate investigation of the complaint is not possible, the company must draw up minutes of the complaint and consumer’s standpoint, and provide consumer with a copy of such report on site in case of personally communicated oral complaints. In the case of oral complaints communicated via telephone or any other electronic communications services, the report – alongside the substantive response – must be sent to the consumer within 30 days, in line with the regulations regarding the responses to written complaints. In other cases, administration regarding written complaints shall take place as per the following. Operator must provide a substantive response to written complaints within 30 days of receipt – unless the directly applicable legal act of the EU disposes otherwise -, and Operator must act according to the information provided in its response. The law may determine a shorter deadline, while an Act may determine a longer deadline. A standpoint rejecting the complaint must be explained by the company. Oral complaints communicated via telephone or any other electronic communications services must be tagged with a unique identification number by the company.
Minutes drawn up of the complaint must contain the following:
- name and address of the consumer,
- place, time and way of raising the complaint,
- detailed description of consumer’s complaint, a list of the files, documents and other proof displayed by the consumer,
- company’s declaration on its standpoint regarding consumer’s complaint, if the immediate investigation of the complaint is possible,
- name of the person drawing up minutes and – with the exception of oral complaints communicated via telephone or any other electronic communications services – consumer’s signature,
- place and time of the above report,
- the unique identification number of oral complaints communicated via telephone or any other electronic communications services.
Operator must retain the minutes drawn up of the complaint and the copy of its response for 5 years and display these documents at the request of investigative authorities.
In case of rejecting the complaint, Operator must notify the consumer in written form of the authorities or conciliation board that consumer may turn to – on the basis of the nature of consumer’s complaint. The notification must further contain the headquarters, telephone or online contact information and postal address of the respective authority or conciliation board assigned to consumer’s residency. The notification must indicate whether the company wishes to use the proceedings of the conciliation board in order to settle the consumer dispute.
If the occurrent consumer dispute between Operator and consumer does not get settled during the hearings, below enforcement possibilities are open to consumer:
3./ Raising a complaint at consumer protection authorities
If consumer experiences the violation of their consumer rights, consumer is entitled to raise a complaint at the consumer protection authority assigned to consumer’s residency. After evaluating the complaint, the authority decides on the conduction of proceedings. First-degree official duties of consumer protection are carried out by the district offices assigned to consumer’s residency, the list of these can be found via this link: http://jarasinfo.gov.hu/
Consumer must first try to resolve the issue directly with Operator as a condition for the initiation of conciliation board proceedings. On the basis of consumer’s request, a conciliation board indicated by consumer may be assigned in place of the board assigned to consumer’s residency.
Operator is obliged to cooperate in the conciliation board proceedings.
In case of violating the above cooperation duties, the consumer protection authority exercises the scope of authority, on the basis of which, as a result of changes in law, in case of unlawful conduct from the company’s side, mandatory imposition of fines is to be exercised and there is no possibility to disregard such fines.
It is within this framework that Operator is obliged to send a response to conciliation board’s appeal, as well as to present itself in person if requested by the conciliation board (“ensuring that a person entitled to reach an agreement is present at the hearings”).
If company’s headquarters or premises are not registered in the county according to the chamber operating the geologically assigned conciliation board, the scope of company’s obligations to cooperate is to offer the possibility of reaching a written agreement in accordance with consumer’s claims.
It is within the conciliation board’s scope of authority to settle the consumer dispute outside of court. It is conciliation board’s duty to attempt the establishment of an agreement between the parties in order to settle the consumer dispute, if conciliation board is unable to do so, then it makes a decision in the case in order to provide the simple, quick, efficient and cost efficient enforcement of consumer rights. Conciliation board provides advice regarding consumer rights and duties upon the request of consumer or company.
Proceedings of the conciliation board begin at the request of consumer. The request must be in written form, addressing the president of given conciliation board: this condition is fulfilled by requests sent by post or by fax, or by any other form that allows the addressee to constantly store the received data for the duration according to its purpose, as well as to display stored data in its original form and with the original content.
The request must contain
- name and address or residency of the consumer,
- name, headquarters or the premises of the company affected by the consumer dispute,
- if consumer requested the replacement of the assigned conciliation board, the indication of chosen board,
- brief description of consumer’s standpoint, detailing the facts and their proof,
- consumer’s declaration that consumer had indeed tried to settle the dispute directly with the affected company,
- consumer’s declaration that consumer had not initiated proceedings at any other conciliation board, intermediary proceedings had not been initiated, statements of claim or claims regarding warrant for payment had not been submitted,
- proposal for the decision of the board,
- consumer’s signature.
The legal document being referenced by the customer as proof and its copy (excerpt) must be attached to the request, especially company’s written declaration stating the rejection of consumer’s complaint, in the absence of the latter, other written proof in consumer’s possession that proves the mandatorily prescribed attempt at reconciliation.
If consumer appoints a procurator, the procuration must be attached to the request.
Operator informs consumer that consumer is obliged to cooperate in the conciliation board proceedings.
More information on Conciliation Boards can be found via this link: http://www.bekeltetes.hu
More information on Conciliation Boards with territorial jurisdiction can be found via this link: http://www.bekeltetes.hu/index.php?id=testuletek
Conciliation Board assigned to Operator’s headquarters:
Conciliation Board of Budapest
Address: 1016 Budapest, Krisztina krt. 99. III. floor. 310.
Telephone: 06-1-488-2131
Fax: 06-1-488-2186
E-mail: bekelteto.testulet@bkik.hu
4./ Court proceedings
Operator is entitled to enforce demands arising from the consumer dispute in court within the framework of civil proceedings as per the provisions of Act V of 2013 on the Civil Code as well as Act CXXX of 2016 on the Code of Civil Procedure.
5./ Online platform for dispute settlement
The European Commission has created a website for consumers to register on, thus they have the opportunity to settle the disputes regarding online purchases by filling in a request, thus avoiding court proceedings. In this way, consumers can enforce their rights without being constrained by distance.
The scope of the EC decree directly involves such merchants residing in the EU and disposing of headquarters in Hungary that are concerned in online purchase or services agreements in cases when a consumer dispute arises between the merchant and the consumer in relation with the established online purchase or services agreements. In order to use the online platform for dispute settlement the merchant needs to previously register in the system of the European Commission. The online platform for dispute settlement can be reached after the registration in EC’s system, via the following link: http://ec.europa.eu/odr. After the page has loaded, choose the desired language and follow the instructions of the page.
If Ticket Purchaser wishes to raise a complaint regarding products or services bought online and does not wish to settle the issue in court, Ticket Purchaser may use the method of online dispute settlement.
Ticket Purchaser and Operator may mutually choose the board to be assigned with the dispute settlement via the platform.
The online platform for dispute settlement can be reached via this link:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
V. FINAL PROVISIONS
1./ The Visitor acknowledges that audio and visual recordings of the Ferris Wheel may be made by Operator and other Visitors as well, in course of which the image of the Visitor may be recorded. Accordingly, by using the Ferris Wheel the Visitor explicitly grants their consent to that Visitor’s face, appearance and actions be recorded and disclosed, with that those may be specified by name exclusively upon the Visitor’s explicit consent. If the Visitor is considered as a public figure, then the Visitor may be specified by their name without their consent as well. The creator of the depictions specified above acquires transferable and exclusive licence to use in respect of the Visitor, which licence to use is unrestricted in terms of territory, time and manner of use. With regard to the Visitor, Operator, as well as the persons who are given authorisation by Operator are authorised to exploit, use (especially for the promotion of the Ferris Wheel), reproduce, publish, adapt, make public, broadcast, communicate to the public and market the depiction subject to no restrictions, without having to provide consideration to the Visitor in any way. The Visitor may make audio and video recordings on the Ferris Wheel, with that the Visitor shall not sell the video and audio recordings made by the Visitor, shall not exploit those for consideration, shall not exploit those for commercial purposes without consideration, shall not specify the Visitors to be found on such video and audio recordings by name without their consent, and shall not violate the personal rights of such other Visitors. Operator explicitly prohibits the Visitor from making cinematographic creations on the Ferris Wheel without the prior written consent of Operator. Operator explicitly excludes its liability in case other Visitors breach the above provisions.
Further details regarding photography and other forms of picture and voice recordings can be found in Operator’s Privacy Policy.
2./ Ticket Purchaser explicitly acknowledges that (the contract declaration of) purchases via the website involve a payment obligation.
Ticket Purchaser must handle the number of the voucher and all information received from Operator regarding their order in confidentiality. Ticket Purchaser is charged with any responsibility or damages arising from delivering this information to third parties.
3./ The provisions of the Hungarian laws are applicable to the present GTC mutatis mutandis.
4./ The present GTC shall enter into effect for an indefinite term on 1st May 2019.
Operator’s Privacy Policy may be found in Operator’s office on site.
