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GENERAL TERMS OF CONTRACT

GENERAL TERMS OF CONTRACT

These General Terms of Contract (hereinafter: “GTC”) set out the rights and obligations of

Danubius Szállodaüzemeltető és Szolgáltató Zártkörűen Működő Részvénytársaság [Danubius Hotel Operation and Services Private Company Limited by Shares]
Abbreviated name: Danubius Zrt.
Head office: 1051 Budapest, Szent István tér 11.
Company registration number: 01-10-041120
Tax number: 10219522-2-44
EU tax number: HU10219522
Telephone number: 36-1-899-4030
Fax:
E-mail address: info.premier@danubiushotels.com
as service provider (hereinafter: the “Service Provider”)

and customers using the e-commerce services provided by the Service Provider (hereinafter: the “Customer”).
    
Hosting service provider: Tárhely.EU Kft. (head office: 1144 Budapest, Ormánság u 4/A. X. em. 241.; permanent establishment: 1097 Budapest, Könyves Kálmán körút 12-14. 2. em.; e-mail: support@tarhely.eu; telephone: +36 1 7892789)


1. General provisions

The effect of these GTC shall extend to all e-commerce services that the Service Provider offers through its webshop at www.premierfitness.hu (hereinafter:  “Website”). The parameters of the services detailed in these GTC are regulated by Act V of 2013 on the Civil Code, Act CVIII of 2001 on Certain Aspects of E-commerce Services and Services Related to the Information Society, Act CLV of 1997 on Consumer Protection, and Government Decree 45/2014 (II.26.) on the Detailed Rules Governing Contracts Between Consumers and Companies.



Contracts concluded under these GTC are not classed as written contracts, are not filed, will not be accessible in the future, and will be deleted in accordance with Section 13/A of Act CVIII of 2001 on Certain Aspects of E-commerce Services and Services Related to the Information Society.


The language of the contract shall be Hungarian.

Please note that we do not apply a code of conduct.

2. Purchasing of daily ticket, membership ticket and day spa vouchers

Vouchers for daily tickets, membership tickets and day spa packages for the use of various fitness and spa services offered by the Service Provider (hereinafter: “Services”) may also be purchased via the online system (hereinafter: “Webshop”) operated by the Service Provider. Any booking, agreement or amendment made verbally, or the verbal confirmation of such by the Service Provider, shall not confer on the Customer any right to demand performance, and shall not place the Service Provider under any obligation to perform.


Please read carefully our information on data protection, which you will find at the bottom of the website under “Privacy Policy”. The Privacy Policy is viewable at any time during the ordering process.

2.1. Daily Tickets, Try us! Promotional events (hereinafter collectively: Daily Tickets)


When purchasing Daily Tickets, please select the type of ticket you would like to purchase, then select the desired quantity. You can narrow your search to specific venues and types of entrance tickets by checking the boxes in the list on the right of the screen. By clicking on the name of the daily ticket, you will be able to read a precise description of the daily ticket in a pop-up window. After this, click on “To cart” to make your purchase. If you would like to purchase more than one type of ticket, click “continue shopping” and repeat the above process.

Clicking “Back” will return you to the Webshop menu. This will not affect the contents of your cart.

2.2. Membership tickets, Slimming Passes (hereinafter together: membership tickets)

When purchasing membership tickets, please select the type of membership ticket you would like to purchase, then select the desired quantity. You can narrow your search to specific venues and types of membership tickets by checking the boxes in the list on the right of the screen. Click on the name of the membership ticket to see a precise description of the membership ticket type in a pop-up window. After this, click on “To cart” to make your purchase. If you would like to purchase more than one type of membership ticket, click on “continue shopping”, and repeat the procedure.

Clicking “Back” will return you to the Webshop menu. This will not affect the contents of your cart.

2.3. Day Spa


When purchasing a Day Spa package, select the type of Day Spa package you would like to purchase, then specify the desired quantity. You can narrow your search to specific venues and types of Day Spa package types by checking the boxes in the list on the right of the screen. By clicking on the name of the Day Spa Package, you will be able to read a precise description of the Day Spa package in a pop-up window. After this, click on “To cart” to make your purchase.  If you would like to purchase more than one type of Day Spa package, click on “continue shopping”, and repeat the above process.

Clicking “Back” will return you to the Webshop menu. This will not affect the contents of your cart.

2.4. Flash Deals, Christmas Deals, Massive Discounts, Gift Ideas, Only from the Webshop


You will find details of our latest special offers under the various themes. When purchasing these, select the type of entrance ticket, membership ticket or spa package you want to purchase, then specify the desired quantity. You can narrow your search to specific venues and types of offers by checking the boxes in the list on the right of the screen. By clicking on the name of the item, you will be able to read a precise description of the entrance ticket, membership ticket or day spa package in a pop-up window. After this, click on “To cart” to make your purchase. If you would like to purchase more than one item, click on “continue shopping”, and repeat the above process.

Clicking “Back” will return you to the Webshop menu. This will not affect the contents of your cart.


2.5. Purchase price

The purchase price is always the amount shown in the space next to or below the selected product. The prices are not subject to VAT, so the amount shown is the final purchase price.


The Service Provider reserves the right to amend the prices of products that can be bought through its Webshop. These amendments shall be effective the moment they appear on the Website. Price amendments do not apply to any items already ordered as of the time of the amendment.


2.6. Product descriptions

Detailed information on the available products (daily tickets, membership tickets and day spa packages) can be obtained from the Website by clicking on the name of the product. Please note that the pictures displayed next to the products are for illustrative purposes only and may differ somewhat in reality.

Should you have any further questions about our products, please write to us at info.premier@danubiushotels.com.


2.7. Contents of the cart and finalising the order



The system stores the contents of the cart for 20 minutes after the last operation, including instances where the customer leaves the page. However, once payment has been made, the cart is again displayed empty.

You can see the contents of the cart in the upper right-hand corner and you can view them at any time by clicking on the relevant inscription. A precise description of the purchased items in the cart can also be viewed by clicking on the name of the item. Individual items can be deleted from the cart by clicking “Remove”. By clicking on “Empty Cart”, the entire contents of the cart can be deleted.

You can also change the quantity of the purchased items in the cart. Simply select the desired quantity and click on the “Edit” button.

By clicking on “Order”, you will be taken to an online interface where you can finalise your order. Here you will be able to check the contents of your cart, and you can specify if you are buying the particular item as a gift or for yourself. If you tick the “Gift or not - yes” box, the name of the gift recipient will be displayed on the voucher.


You will also be able to provide your name and contact details (family name, first name, e-mail, phone number), invoice details (company/name, country, post code, city, street/house no.) and the desired shipping and payment method.

Please note that, at present, daily ticket, membership ticket and day spa vouchers may only be purchased in downloadable form and are only payable online, by bank card. As a result, the shipping and payment methods on the order form have been filled out in advance and cannot be changed.

Clicking “Back” will return you to the Webshop menu. This will not affect the contents of your cart. Items can be deleted in the manner described above in this section, by clicking on “Back” and then on “Your Cart”.


Once the order form has been filled out, the completed form can be reviewed by clicking “Next”. If you would like to change something, click “Back” to return to the form.


After you have finalised your order, we ask that you review the provisions of these GTC, as well as the Privacy Policy. By ticking the appropriate box at the end of the shopping process, the Customer declares that he/she accepts and regards these GTC as binding, has understood and accepts our Privacy Policy, and that he/she consents to the processing of personal data as specified therein.


Please note that submitting an order for products gives rise to a payment obligation! Products cannot be reserved without payment.


2.8. The method of payment


Once you have checked the information you have provided on the order form and the items you wish to purchase, click the “Pay” button. You will be directed to OTP Bank’s website, where you make an online bank card payment by providing your card details.

Please note that interrupting the payment process will also interrupt the sending of your order. However, once you have completed the payment, it will no longer be possible to modify the order on our online interface.

For this reason please check the details of your order carefully before paying. If you find that you have nonetheless ordered something that you did not want to order, please tell us as soon as possible by e-mail at info.premier@danubiushotels.com.

Following successful payment, the purchased daily ticket, membership ticket or day spa voucher will be sent to the e-mail address you specified when placing the order within 30 minutes.

2.9. Correcting data-input errors

Data-input errors can be corrected at any time before payment in the manner specified at the given phase of the ordering process.

If you would like to change anything after you have made the payment, please notify us immediately by e-mail at info.premier@danubiushotels.com.  
2.10 Confirmation

Once your order has been sent, the Service Provider’s system automatically e-mails a confirmation that the order has been accepted.

The e-mail includes the name and number of the selected product, the total amount paid, a link to the site from which the voucher for the purchased service can be downloaded, and the Customer’s personal data and billing address.

If you do not receive the e-mail confirmation within 48 (forty-eight) hours after sending your order, please notify us immediately, as the source of the problem is usually a connection error or an error in the e-mail address provided in the course of the ordering process. It is important that in this case you do not repeat the transaction, but promptly contact the Service Provider’s Customer Service Department at +36-1-889-4030, a basic-rate telephone number, which – after reviewing the data – will resend the Entrance Ticket to the Customer.

2.11. Collecting the ordered product


Following a successful purchase, the purchased Entrance Ticket(s) can be downloaded in PDF format by the Customer from the link sent in the confirmation e-mail and printed out.

Liability for any consequences or damages arising from the loss, theft, faulty printing, copying, or multiple printing of tickets printed out by the Customer shall lie exclusively with the Customer. The Customer must bring the Entrance Ticket with him/her, in printed format, to the facility at which he/she would like to use it.

Admission shall be based on the principle of first validation. Thus, the first ticket that the facility’s entry system accepts with the provided data will be the valid one. All subsequent attempts to gain admission will be invalid, and shall therefore be unsuccessful; anyone who presents the ticket thereafter may be denied entry regardless of whether the person presenting the invalid ticket is the customer who originally purchased the Entrance Ticket. The Service Provider is not obliged to pay compensation for denying entry for this reason.
The Service Provider shall bear no liability whatsoever for any problems or errors attributable to erroneous and/or inaccurate order data provided by the Customer.

Please note that entitlement to use the service may not be transferred to any third party without the prior approval of the Service Provider, nor may the purchased voucher be commercially traded. If this provision is violated, the Service Provider will invalidate the commercially traded voucher.


3. Using the service associated with a purchased Entry Ticket


Once the product has been purchased, the service may be used as follows:
•    If the case of a Daily Ticket: it may be used up until closing time of the given fitness club on the day indicated on the ticket, or, if the Daily Ticket is not for any specified day, then within 3 months following purchase;
•    In the case of a Membership ticket: it may be used within 1 month following purchase, by submitting a printed copy of the Membership ticket at the premises of the facility, in exchange for which the Service Provider will issue the Customer with a plastic card that can be used to gain entry to the facility for the purchased period;
•    In the case of a Day Spa package: If a Day Spa package is purchased, the Customer can use the service during the opening hours of the facility, for 3 months from the day of purchase, by submitting a printed copy of the Ticket sent in the confirmation email, at the premises of the facility. The Day Spa service in all cases includes an Entrance Ticket for one person to the facility concerned, plus the specified wellness treatments, for which an appointment must be made in advance. The treatments may be used subject to availability (i.e. provided they have not already been fully booked), during opening hours, on the day that the Day Spa Ticket is redeemed.
•    Special offers: the purchased services can be used in accordance with the terms stated on the webshop site.
Unless otherwise stated on the Entrance Ticket/Ticket, the Entrance Ticket entitles the person who presents it to one-time access to the indicated event or service.

The Customer may not change the validity dates of Entrance Tickets or Membership tickets on the grounds that he/she has not been able/will be unable to use the Service for any reason. If the Customer, in the case of an Entrance Ticket, does not use the purchased service – for Entrance Tickets purchased for a specified day, on the day concerned, and in the case of a service that needs to be booked in advance, at the time booked in advance – or in the case of a Membership ticket, by the end of its validity period, then the Customer will forfeit his/her entitlement to use the service. Any services (treatments, etc) booked, but then not used for reasons attributable to the Customer, shall not be eligible for a refund.

Any extension of the period of use of a service initiated by the Customer shall be subject to the written consent of the Service Provider.


Certain Entrance Tickets are only valid for specific categories of person (children’s tickets, pensioners’ tickets, tickets for certain professionals, etc.). The existence of entitlement to use such tickets is not checked by the Service Provider at the time of purchase. The organiser shall be entitled to check that the person presenting the Entrance Ticket is eligible to use the special entrance ticket at the reception that receives the voucher. Entry may be denied until the person presenting the Entrance Ticket can provide evidence of his/her entitlement to use it. If entry is denied these reasons, the purchaser of the ticket or the person presenting the Entrance ticket shall not be entitled to compensation.

In certain cases, Entrance Tickets entitle the holder to only access certain areas within the area of the specific event or facility.

Everyone who attends an event or uses a service does so at their own risk. Although the operator of the facility will do everything that may be expected of it to ensure that the event is run safely, the Service Provider does not assume any liability for possible irresponsible behaviour on the part of attendees. No-one who is intoxicated or under the influence drugs or other mind-altering substances may attend the event or use the service, even if he/she presents a valid Entrance Ticket.

4. Cases of non-performance of the service

If the reason the Service Provider fails to perform its obligations undertaken in the contract is that it is unable to provide the ordered service, it shall notify the Customer of this immediately, but within two working days at the most, and promptly refund the amount paid by the Customer, within 14 (fourteen) days at the latest.


Any partial performance of a service for whatever reason may only occur with the prior agreement of the Customer.

The Service Provider may refuse to provide the service if:
a) the Customer is not using the facility appropriately for its intended purpose;
b) the Customer does not observe the safety provisions and procedures of the establishment, treats its staff inappropriately or rudely, is under the influence of alcohol or drugs, or exhibits threatening, offensive or otherwise unacceptable behaviour;
c) the Customer suffers from an infectious disease.


5. Enforcement of claims


(through the application of Annex 3 of Government Decree 45/2014 (II.26.) on Model Customer Information Leaflets Regarding Liability for Defects, Product Liability and Product Warranties)

5.1. Liability for defects

In what cases can you assert your rights on the grounds of liability for defects?
In the event of defective performance by the Service Provider, you can request remedy based on the Service Provider’s liability for defects under the provisions of the Civil Code.
 
What rights are you entitled to based on liability for defects?
You can choose – at your own discretion – to exercise your right to remedy in relation to liability for defects as follows:
You can request repair or replacement, unless it is impossible for such request to be fulfilled or if doing so would entail a disproportionate financial burden for the Service Provider compared to other possible remedies available to you. If you have not requested repair or replacement or were unable to request it, you may claim a proportionate reduction in the price paid or, ultimately, a full refund of the purchase price.
You can also switch from one type of claim based on liability for defects to another, although you will need to pay the costs of such switch, unless the switch was objectively warranted or it was the Service Provider that gave cause for it.
 
What is the deadline for enforcing your claim based on liability for defects?
You must notify the Service Provider of the defect as soon as possible after discovering it, but certainly not later than two months following detection. Please note that if you are shopping as a consumer, you cannot enforce your rights based on liability for defects beyond a limitation period of two years from the date of performance of the contract, and if you are shopping as a business, you cannot do so beyond a limitation period of one year from the date of performance of the contract.

Against whom can you enforce your claim based on liability for defects?
You may enforce your claim based on liability for defects against the Service Provider.

What other conditions are there for enforcement of your rights under liability for defects?
For the first six months following performance, there are no other conditions attached to the enforcement of your claim in relation to liability for defects besides notifying the Service Provider of the defect, assuming that, if you need to, you can prove it was the Service Provider that provided the service. After six months have passed since the date of performance, however, you will need to prove that the identified defect already existed at the time of performance.

5.2. 14-day right to cancellation for consumers

consumer: a natural person proceeding in the interest of objectives outside his/her economic activity who purchases a product, or orders, receives, uses or otherwise avails him/herself of a service, or who is the addressee of marketing communication or of an offer related to the product.

You are entitled to cancel the contract, without explanation, within 14 days. The cancellation period expires after 14 days have passed since the day you received the voucher, i.e. since you opened the e-mail that contained it. You will be exercising your right to cancellation within the deadline if you send your statement of cancellation before the above-specified deadline has expired.

If you wish to exercise your right to cancellation, you must send a clear statement of your intent to cancel (by post or e-mail) to the following address:


Danubius Zrt.
address: 1051 Budapest, Szent István tér 11.
E-mail: info.premier@danubiushotels.com

For this purpose you may use the following model statement of cancellation, if you wish.


5.2.1. Model statement of cancellation (only to be completed and returned if you intend to cancel the contract)

Addressee:
Danubius Zrt.
address: 1051 Budapest, Szent István tér 11.
E-mail: info.premier@danubiushotels.com

I/we the undersigned declare that I am/we are exercising my/our right to cancel in respect of the contract for the following Service:
(Here you need to specify the service or purchased product to which the contract relates)


Date on which contract was concluded:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s): (only for statements made in hard copy)
Date and place:

5.2.2. Legal effects of cancellation

If you cancel this contract, we will refund the entire amount paid by you promptly, but within 14 days of receipt of your statement of cancellation at the latest. In the course of the refund, we will use the payment method that was applied in the original transaction, unless you expressly give your consent to the use of another payment method; you will not incur any additional costs due to the application of such refund method.



You may also exercise your right to cancellation once 14 days have passed – in respect of a Service that has not yet or not yet fully been performed – if there has been a breach of contract by the Service Provider that means it is no longer in your interest that the contract be performed. In such case you must explain your reasons for cancelling the contract. Please send a statement containing such reasons to info.premier@danubiushotels.com or by post to Danubius Zrt., 1051 Budapest, Szent István tér 11.


5.2.3. You will not be entitled to cancel the contract within 14 days in the following cases:

The Customer understands that he/she shall lose his/her right to cancellation once the service has been performed in full (i.e. following the use or expiry of the daily ticket, membership ticket or day spa package), if the Service Provider commenced such performance within 14 days of the purchase with the express prior consent of the Customer.

Please note that if you consent to our commencing the service within 14 days from the conclusion of the contract, you will use your right to cancellation once the Service has been performed in full.


6. Arbitration Board

You have the option of turning to an arbitration board for assistance. The authority of the arbitration board covers the out-of-court settlement of disputes between the consumer and the Service Provider relating to the quality and safety of the product, the application of the regulations on product liability, the quality of the service, as well as of matters of dispute related to the concluding and performance of the contract between the parties, attempting to reach an agreement for such purpose, and if this is unsuccessful, to take a decision in the matter in the interest of ensuring the simple, rapid, efficient and cost-effective assertion of consumer rights. The arbitration board may, at the request of the consumer or the Service Provider, provide advice on the rights to which the consumer is entitled and the obligations to which he/she is subject.

The arbitration board authorised to act in the matter shall be the board that is competent in respect of the consumer’s permanent address or place of residence.  If the consumer does not have a permanent address or place of residence in Hungary, the arbitration board authorised to act in the matter shall be determined based on the head-office address of the Service Provider. The consumer may, in his/her statement of claim, request that a different arbitration board be used; in such case, the arbitration board designated by the consumer shall be authorised to proceed in the matter.

For more information on arbitration procedures, see Act CLV of 1997 on Consumer Protection or visit the website of the arbitration board.

The arbitration board with competence in respect of the head-office address of the Service Provider is:

Budapesti Békéltető Testület [Arbitration Board of Budapest]
website: bekeltet.hu
Head office: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Postal address: 1253 Budapest, Pf.: 10.
E-mail address: bekelteto.testulet@bkik.hu
Fax: 06 (1) 488 21 86
Telephone: 06 (1) 488 21 31




In the case of cross-border consumer disputes, the arbitration board operating alongside the Budapest Chamber of Commerce and Industry shall have exclusive competence in respect of the procedure.

A consumer is defined as a natural person proceeding in the interest of objectives outside his/her economic activity, who purchases a product, or orders, receives, uses or otherwise avails him/herself of a product or is the address of marketing communication or of an offer related to the product.

Under the regulations relating to arbitration boards, a consumer is, in addition to the above, also any civil organisation, ecclesiastical entity, condominium, residential co-operative, or micro-, small, or medium-sized business, as defined in separate, specific legislation, proceeding in the interest of objectives outside its economic activity, which purchases a product, or orders, receives, uses or otherwise avails him/herself of a product or is the address of marketing communication or of an offer related to the product.

7. Complaints

Any complaints you may have related to the sale by the Service Provider of items constituting the subject matter of these GTC, or to the conduct, activity, or omissions of the Service Provider in relation to the service provided may be addressed verbally or in writing to the Service Provider at the following contact points:

in writing:
•    by e-mail to info.premier@danubiushotels.com or,
•    by post to Danubius Zrt., 1051 Budapest, Szent István tér 11.
We will respond to the complaint within 30 days of receipt at the latest.



verbally:
•    The Service Provider runs a telephone-based customer service desk every working day from 10 a.m. to 4 p.m. on +36-1-899-4030.
•    The Customer may also lodge a complaint in relation to the performance of services provided by the Service Provider at the place where the service was provided.
If you do not agree with the way your complaint has been handled, or it is not possible for the complaint to be investigated immediately, the Service Provider shall promptly make a formal record of the complaint and of its own position on the matter.

We endeavour to remedy complaints immediately after they are reported, so feel free to turn to us!


8. Indemnity liability of the Service Provider

The Service Provider shall assume liability for all damages demonstrably incurred by the Customer in the course of, and/or before or after using the service, within the facilities constituting the venue at which the service was provided, for reasons attributable to the Service Provider or its employees.

The Service Provider’s liability shall not extend to unavoidable incidents that occur for reasons beyond the control of the Service Provider, its employees or its Customers, or if it was the Customer who caused such incident to occur.

The Service Provider may designate certain premises within the hotel that the Customer is not permitted to access. The Service Provider does not assume liability for any damage or injury incurred on such premises.

The Customer must immediately report any damage suffered by him/her, at the site at which it was incurred, and provide the Service Provider with all information as may be required for clarifying the circumstances of the incident or for completing a police report/police procedure.

The Service Provider shall only be responsible for valuables, securities or cash if it has expressly accepted them for safekeeping, or where the damage occurred for reasons for which it is responsible under the general rules on liability. In such cases, the burden of proof shall lie with the Customer.

9. Other opportunities for recourse

If a consumer dispute between the Service Provider and the Customer cannot be settled amicably, by negotiation, the following opportunities for recourse are available for the Customer in addition to those set out in sections 6 and 7:

Lodging a complaint at the district consumer protection authority: consumers may turn to the district office with authority in respect of the geographical area concerned. You will find the contact details here: jarasinfo.gov.hu. You will find further information here: fogyasztovedelem.kormany.hu.

Consumers can also initiate the launch of judicial proceedings (i.e. a court case).

9. Data protection


When processing data, the Service Provider proceeds in accordance with the provisions set out in its Privacy Policy. The Privacy Policy is available here.

10. Other provisions

The Service Provider may amend these GTC unilaterally at any time. Any such amendments shall enter into effect the moment they appear on the Service Provider’s Website; we inform our Customers of such amendments in a window that pops up when they access the site.

The Service Provider is entitled to suspend the Service without prior information or notice, partially or entirely, in the interest of maintaining the site or for other, security-related reasons.


Ordering on the Website presumes knowledge of the technical and technological limitations of the internet on the part of the Customer, and his/her acceptance of the potential for errors associated with the technology. We recommend that you use anti-virus and anti-spyware applications with an up-to-date database, and that you always instal the operating system’s latest security updates. The Service Provider excludes all liability for the above and shall not indemnity any damages arising therefrom.

Last updated: 28 May 2018

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