1. The tours organized by BTS World Kft. (registered office: 1013 Budapest Várkert rakpart 11.., company registration number: 01-09-295609, license number: U-001772, tax number: 25907265-2-41, telephone number: +36302723004, asset security: EUB), (hereinafter referred to as: „GoBeyond” or „Tour Organizer”) are governed by Act V of 2013 on the Civil Code, Government decree 472/2017 (XII. 28.) on package travel, package holidays and package tours and these General Terms and Conditions (hereinafter referred to as „GTC”).
2. Passenger acknowledges that the website (www.gobeyond.travel) or any offline platforms may include, among other things, the services sold by GoBeyond and their fees, these however may change according to Passenger`s specific needs or due to other circumstances. Passenger also acknowledges that GoBeyond reserves the right to deviate from the terms and the program of the tours offered by GoBeyond on its website –in justified cases- by taking into account the applicable procedural law in force or at Passenger`s explicit request. The parties expressly agree that deviations from the content of the website can be made.
3. The travel contract is established by the confirmation of the Application, the acceptance of the present GTC by Passenger in accordance with the legal regulations in force, the payment of the advance of the participation fee and crediting its amount to GoBeyond`s account. The signed travel contract,, the Information published on the GoBeyond website and other travel information provided by GoBeyond -including any vouchers issued to Passenger, other documents granting travel rights and the invoice proving the payment of the participation fee- constitute integral parts of the present travel contract. The travel contract and any amendments thereto –including all clauses thereof shall be made in writing and provided to Passenger in paper format or -if the contract was incorporated into an electronic document- on other durable medium.
4. Passenger is responsible for obtaining the travel documents (passport, visa) and other documents required for the journey and for meeting the health requirements and the minimum daily currency allowance that may be required for staying in the country of destination, and information regarding the above is provided by GoBeyond on its website (www.gobeyond.travel). If Passenger does not find the above referenced information on the www.gobeyond.travel website, he/she may request information from GoBeyond at the hello@gobeyond.travel e-mail address. Passenger undertakes to comply with the prescribed health requirements and to certify this fact to GoBeyond until start of the journey. Passenger shall not be entitled to bring any claims for losses caused by the absence or invalidity of travel documents or the failure to comply with the customs, foreign exchange and health provisions and shall compensate GoBeyond in full for any damage (extra costs) sustained as the result of the above. In respect of the legal regulations on traveling, Passenger must adhere to and respect the laws and traditions of the host country. Passenger shall undertake full responsibility for any damage and expenses resulting from the failure to comply with or the breach of the above obligations. Passenger acknowledges that GoBeyond does not assume any liability in this respect. With regard to the above provisions, GoBeyond expressly advises Passenger to obtain detailed information prior to signing the travel contract.
5. At the time of signing the travel contract, Passenger is required to pay, as advance, 40% of the fee of the journey in question as indicated on the website via bank transfer or card payment. GoBeyond may derogate from this provision if a contract signed with a foreign cooperating partner imposes a more stringent obligation. GoBeyond may demand, based on the travel contract, the total amount of the payable fee (participation fee) the tax, the duty and other obligatory charges included in Section 4 (1) i) of Government decree 472/2017 (XII. 28)) 30 (thirty) days prior to the start of the journey, at the earliest, unless earlier performance is required under a contract signed with a foreign cooperating partner.
6. If the travel contract is concluded within 30 (thirty) days prior to the start of the journey, GoBeyond may demand the payment of the total amount of the participation fee upon signing the contract. Should Passenger fail to pay the total amount of the participation fee in due time, GoBeyond may withdraw from the contract and in this case Passenger shall be required to pay a penalty equaling to thirty percent of the participation fee (including other costs related to the journey as specified below). By accepting and signing this GTC Passenger acknowledges that the participation fee does not include the fee of accident, sickness, luggage and cancellation insurance, the resort fee, the tourist tax, the airport and port duty, the ticket charge, the anchorage fee and various other surcharges.
7. GoBeyond reserves the right to increase the fees posted on the website and other offline platforms, providing that the total fee payable based on the charges specified in the travel contract can only be increased in the following cases:
7.1 taxes, levies and other mandatory charges levied by third parties not directly involved in the performance related to sub-services undertaken in the travel service contract (in particular resort fee, anchoring fee, airport tax), or
7.2 applicable exchange rates for the given travel service may take place due to a change.
Passengers shall be informed in writing of the reason for the fee increase at the time of communicating the fee increase. The fee may be increased – regardless of its amount – only if the Tour Organizer notifies the traveler of this no later than 20 (twenty) days before the start of the travel service. The Tour Organizer must provide information about the fee increase on a durable data medium, with the justification for the fee increase and the calculations, in a clear and understandable manner
8. The parties agree that if Tour Organizer wishes to substantially amend the material terms of the travel contract before departure for reasons outside of its control, such as in particular, if the rate of the fee increase exceeds 8 (eight) %, Tour Organizer shall inform Passenger accordingly without any delay. In this case, Passenger will have the following rights:
8.1 the Passenger may terminate the contract in writing without paying compensation, or
8.2 If Passenger accepts the amendments, including the change of the service fee (participation fee) in connection with these amendments, then the parties will amend the contract.
The Passenger must immediately inform the Travel Organizer in writing of her decision according to the above. Passenger acknowledges that in the event of any change or amendment in the content or form of the legal relationship for any reasons, he/she shall promptly inform GoBeyond in writing of all circumstances, cooperate with GoBeyond and take all necessary measures within a reasonable time to make sure that the legal relationship comply with the provisions of the legal regulations in force.
If Passenger remains silent or fails to issue a statement after being informed by GoBeyond regarding the amendment of the contract, or if Passenger does not send a written withdrawal within a reasonable time, this fact shall be regarded by the parties as withdrawal by Passenger under Section 6:4 of the Civil Code.
9. If Passenger withdraws from the contract for reasons specified in section 8, he/she shall have the following rights under Government decree 472/2017 (XII. 28):
9.1 if the Travel Organizer offers another travel package, it must primarily offer a travel package of equal or higher quality
9.2 if another travel package offered by the tour operator results in a travel package of lower quality or value, the Traveler is entitled to a corresponding discount
9.3 if the Traveler does not accept another travel package, the Travel Organizer will immediately, but no later than fourteen days from the termination of the contract, refund the entire fee paid by him or on his behalf.
9.4 the Passenger – according to Paragraphs (2) and (3) of Section 27 of Government Decree 472/2017 (XII. 28.) is entitled to compensation for damages resulting from the termination of the contract if he terminates the contract in accordance with the provisions of this clause.
10. If the travel destination or the route to the destination involves an area that -after the conclusion of the travel contract- gets included in the list of countries or regions that are “not recommended for travel” displayed on the website of the central government agency headed by the minister responsible for foreign affairs, thus Tour Organizer cancels the trip,:
10.1 Passenger can claim a substitute service of the same or higher value than the original one, and if the substitute service is of a lower value than the original one, the tour operator is obliged to reimburse the difference in price to the passenger; or
10.2 if the Travel Organizer is unable to provide a substitute service according to point 10.1 or the traveler does not accept the offered substitute service, the Travel Organizer is obliged to refund the entire fee paid within 8 days.
Passenger shall notify Tour Organizer about his/her decision without any delay. If Passenger remains silent or fails to issue a statement after being informed by GoBeyond regarding the amendment of the contract, or if Passenger does not send a written withdrawal, this fact shall be regarded by the parties as withdrawal by Passenger under Section 6:4 of the Civil Code.
11. The Tour Organizer is entitled to terminate the contract without any obligation to pay compensation and is obliged to refund the Passenger the entire fee paid for the trip, if
11.1 the number of applicants does not reach the announced lowest number of participants and Tour Organizer notified Passenger of the withdrawal in writing within the period specified in the travel contract:
11.1.1 twenty days before the start of the trip in the case of trips longer than six days,
11.1.2 seven days before the start of the trip in the case of trips lasting between two and six days,
11.1.3 forty-eight hours before the start of the trip, in the case of trips shorter than two days, or
11.2 the Travel Organizer is prevented from fulfilling the contract by unavoidable and extraordinary circumstances, and without undue delay, before the start of the trip, notifies the Passenger of the termination of the contract.
12. According to the provisions of the Government Decree 472/2017 (XII. 28.) , in the event of termination of the contract by the Passenger, compensation may be demanded, except for the cases specified in the above Government Decree and these GTC, or in the individual travel contract or travel package contract.
13. If the Traveler cancels the travel contract before the start of the trip:
13.1 more than 45 (forty-five) days before departure, they are required to pay 10% of the service fee (participation fee) as a cancellation penalty;
13.2 between 45 (forty-five) and 31 (thirty-one) days before departure, they are required to pay 40% of the service fee (participation fee);
13.3 between 30 (thirty) and 11 (eleven) days before departure, they are required to pay 70% of the service fee (participation fee);
13.4 within 10 (ten) days before departure, they are required to pay 100% of the service fee (participation fee) as a cancellation penalty to the Tour Operator.
14. The Traveler must pay the cancellation fee to the Tour Operator within 5 (five) working days following the cancellation.
16. GoBeyond reserves the right to reduce the participation fee on the grounds of business policy for persons who apply immediately before the departure.
17. Tour Organizer is responsible for the performance of the services undertaken in the travel contract based on Section 10 (1) of Government Decree 472/2017. (XII. 28.). If Tour Organizer fails to perform the contracted service in accordance with the travel contract, it must decrease the service fee (the participation fee). Tour Organizer is not obliged to decrease the service fee (the participation fee) if Passenger uses the service -or a part of the service based on his/her own decision or fails to use the service for reasons occurring in his/her control.
18. Tour Organizer`s liability for losses stemming from the non-performance or defective performance of the travel contract is limited to three times the total amount of the service fee (the participation fee).
19. If after the start of the journey the Tour Organizer is unable to perform a significant part of the services defined in the travel contract, it shall be required to replace it with other adequate partial service of similar value. If the value of such partial service exceeds the value of the non-performed partial service, the cost difference may not be passed on to Passenger. If Tour Organizer cannot provide such substitute partial service, or if Passenger has reasonable grounds to reject such service and if Passenger so requests, then Tour Organizer shall arrange for the return of Passenger to the point of departure or other return location in the destination country, bear its costs and refund the fee paid by Passenger reduced by the value of the partial services used.
20. In case of defective performance of the services agreed to in the travel contract, Passenger shall promptly notify the tour guide, or if there is no tour guide, the local service provider of his/her complaints. Passenger is liable for the losses resulting from the delay in providing notice. The tour guide must make sure that the complaint is reported to the local service provider. The tour guide is required to take minutes on Passenger’s complaints and the fact of reporting the complaint and deliver one copy of the minutes to Passenger. The tour guide must inform Tour Organizer without any delay and take the necessary measures promptly. In the absence of a tour guide -if the local service provider has not remedied the complaint- Passenger shall inform GoBeyond at the +36305564284 phone number or at the hello@gobeyondteam.com e-mail address.
21. If Passenger’s complaints are not remedied onsite, he/she may bring claims for defective performance promptly upon arrival, in writing, by attaching the minutes. If Passenger has concluded the travel contract through a retailer, he/she may also file his/her claims for warranty or compensation relevant to the performance of the travel contract at the retailer. Retailer is obliged to forward to Tour Organizer the claims for warranty or compensation filed by Passenger in connection with the performance of the travel contract.
22. Tour Organizer shall be liable for the damage resulting from the failure to perform or defective performance of the travel contract, except if the failure to perform or the defective performance is not attributable to the behavior of Tour Organizer or its subcontractor used
22.1 if the deficiencies in the performance of the contract are attributable to Passenger’s behavior,
22.2 if the failure is attributable to the behavior of a third party who is not related to the performance of the service undertaken in the travel contract and Tour Organizer could not have been reasonably expected to foresee or prevent it, or
22.3 in case of force majeure.
Tour Organizer is also required to provide assistance to Passenger in the cases described in sections 22.2 and 22.3 if he/she gets into a difficult situation during the trip.
23. Tour Organizer is responsible for the subcontractors it used, as if it acted in person, except where the liability of the subcontractor is regulated and limited by international treaties promulgated by law, in particular, but not limited to, the following:
The Warsaw Convention on International Carriage by Air of 1929, the Montreal Convention for the Unification of Certain Rules for International Carriage by Air of 28 May, 1999; the 1961 Berne Convention on the Carriage of Goods by Rail; the 1974 Athens Convention relating to the Carriage of Passengers and their Luggage by Sea; the 1962 Paris Convention on the Liability of Hotel-keepers concerning the Property of their Guests; Regulation (EC) No 2027/97 on air carrier liability in case of accidents as amended by Regulation (EC) No 889/2002; Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.
24. Tour Organizer`s liability for damage resulting from the failure to perform or defective performance of the travel contract is limited based on the mandate given in Section 27 (5) of Government Decree 472/2017. (XII. 28.) as stipulated in section 8 of this travel contract.
25. Should GoBeyond fail to fulfill its obligation to return Passengers or refund the advance or the participation fee, Passenger may contact EUB in order to enforce his/her claim. If Passenger concludes accident, sickness or luggage insurance with the cooperation of Tour Organizer or a retailer, or if Tour Organizer concludes insurance contract with an Insurer (Insurers) securing the number of passengers (directly for the benefit of Passenger) then Tour organizer, or retailer, shall deliver to Passenger the insurance policy, the terms and conditions of the insurance product concerned and the certificate entitling the holder to use the insurance simultaneously with delivering the documents entitling him/her to use the service described in the insurance contract.
26. Passenger’s luggage shall be guarded and supervised during the journey by Passenger.
27. Passenger shall be directly responsible for any damage caused by Passenger to third parties during the journey.
28. If the services ordered by Passenger include the transport of Passenger by air, this service shall be governed by the provisions of regulations on carriage of persons by air. According to the Warsaw Convention of 1929 and the Montreal Convention of 1999, GoBeyond shall not be not liable for any damage that results from the delay or cancellation of flights.
29. If Passenger does not act personally at the time of establishing the travel contract (application, order, advance payment or signing the travel contract), his/her representative authorized by a private document of full probative force is entitled to act in the name and on behalf of Passenger. If the acting person (representative) proves to GoBeyond the legitimacy of the legal relationship concluded between Passenger (client) and the representative with an authorization incorporated into at least a private document of full probative force, then the client (Passenger) becomes the subject of the rights and obligations arising out of the travel contract. The acting person (representative) shall hand over all documents and information –in his/her possession- related to the travel contract and the established legal relationship to client (Passenger) without any delay. The person acting on behalf of other persons (Passengers) based on authorization during contract conclusion declares that he/she was granted by the represented Passengers full and valid powers to represent and make statements and his/her authorization extends to disposing over the advance on the participation fee and the total participation fee. If the authorization attached by the acting person is invalid or ineffective, the acting person shall bear full responsibility for the damage and costs sustained by GoBeyond or in his sphere of interest that stem from his/her procedure as unauthorized voluntary agent. The person acting on behalf of other persons (Passengers) based on authorization during contract conclusion declares in the name of the Passengers represented by him/her that he/she has received full information regarding his/her rights and obligations stated in the GTC, has read the contents of the GTC, understands it and considers the provisions of the GTC establishing obligations compulsory for himself/herself.
30. By signing the GTC, Passenger gives his/her consent to GoBeyond to handle his/her personal data necessary for making the journey in order to perform the travel contract or to inform Passenger for business purposes in full compliance with the applicable legal regulations. In order to protect the privacy of passengers, the personal data of Passengers may not be disclosed to third parties, including in cases of emergency, except if Passenger has requested such disclosure. Passenger acknowledges and accepts that GoBeyond is entitled to record the verbal and written communications –including the communication prior to the establishment of the legal relationship taking place between the Parties throughout the entire period of providing the service within the statutory framework for a specific purpose.
31. Passenger authorizes GoBeyond to take pictures and videos during the journey in which Passenger may appear. Passenger consents to GoBeyond maybe publishing these recordings for promotional and marketing purposes either on the Internet or in printed form.
32. If one or more provisions of this GTC becomes completely or partially unfeasible or invalid due to the change of legal regulations or if it violates any legal provisions, this fact shall not affect the remaining parts of the GTC. The Parties are obliged to replace the invalid or unfeasible clause by a provision that complies with the legal regulations in force.
33. The Parties shall try to settle all disputed matters by amicable out-of-court settlement. If an out-of-court settlement cannot be reached the Parties shall submit to the territorial competence of the Central District Court of Buda depending on the rules of jurisdiction.
34. GoBeyond excludes all liability for typos or printing errors that may appear in the publications.
35. By accepting the present GTC, Passenger states that GoBeyond has properly informed him/her of the rules and procedures applicable to minors travelling abroad, in particular, but not limited to, the obligation to establish direct contact with the child or the appointed person responsible for the child at the child’s place of residence. Passenger states that he/she is aware of this information and considers its content compulsory.
36. Declarations under this contract are deemed to have been made in writing if they have been signed by the declarant or if they have been communicated by recalling the content of the declaration without any changes in a form that allows the identification of the person of the declarant and the time of making the declaration. With regard to this, GoBeyond expressly warns Passenger to provide an e-mail address during contract signing that he/she regularly uses and that he/she accesses exclusively, since GoBeyond will accept the e-mails sent from the above electronic address as Passenger`s declaration.
37. Child protection provisions in accordance with section (4) 34/A. of Government Decree 472/2017. (XII. 28.): The tour operator and travel intermediary include in their general terms and conditions that the provision of travel services or the mediation of travel packages must not infringe upon the rights of children, particularly in relation to the commission of crimes against sexual freedom and sexual morality committed to the detriment of persons who have not yet reached the age of eighteen.
Interpretative provisions in the meaning of Government Decree 472/2017. (XII. 28.) Tour Organizer: Pursuant to Section 2, point 26 of Law about Trade: a person providing tour operator activities, which is a commercial activity provided to the passenger, during which the tour operator, directly or with the assistance of another trader, in the framework of business-like economic activity, provides passenger transport, accommodation and other tourist services (in particular meals, guided tours, entertainment and cultural program) compiles and sells or offers for sale, as well as transmits data to other merchants in accordance with the government decree on travel service contracts, especially travel package and travel service package contracts.
Retailer: Pursuant to Section 2, point 26 of Law about Trade: a company engaged in travel agency activity, in which case travel agency activity is a business-like economic activity in the framework of which the travel agent offers travel services to the traveler based on the mandate of the tour operator and concludes a contract on behalf of the tour operator
Travel package: using at least two different types of travel services together as part of the same trip or holiday, if
Durable medium: means a device that allows the passenger to store the data received by the passenger for a duration corresponding with the purpose of the data and to display the stored data with unchanged form and content.
I, the undersigned, irrevocably state by signing this document that I have received special warning concerning the use of the service, its essential characteristics and conditions and the signing of and contents of this contract, and subsequently, I expressly accept the terms contained herein as compulsory.
Clause: In case of organizing group tours (more than 1 person), the representative acting on behalf of the group declares that he/she has full powers to represent, make statements and proceed on behalf of the participants. In addition to making the order, the representative`s authorization also extends to disposing over the advance and the full participation fee. He/she assumes full legal and financial responsibility for the full performance of the contract signed with the office. I acknowledge the provisions of the travel contract. I do not take the service as taxpayer or not in my capacity as taxpayer (that is passenger) pursuant to Section 206 (1) c) of the VAT Act.
38. The €150 coupon cannot be redeemed for member-only events.