1. The tours organized by BTS World Korlátolt Felelősségű Társaság (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 213/1996 (XII.23.), Government Decree 281/2008 (XI.28.), Council Directive 90/314/EEC 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`s acceptance, 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 Application Form accepted in writing, 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 firstname.lastname@example.org 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 travelling, 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, the fee of the journey in question as indicated on the website. 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 281/2008 (XI.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. the change of transport costs (including fuel costs),
7.2. the change of taxes, duties and other obligatory charges (such as resort fees, anchorage fees, airport duties) related to the partial services undertaken in the travel contract.
Passenger shall be informed in writing of the reason of the fee increase at the time of communicating the fee increase. The total fee payable by Passenger based on the travel contract, however, may not be increased for any of the above reasons within 20 (twenty) days prior to the start of the journey.
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. Passenger may withdraw from the contract in writing, 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.
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. Passenger shall inform Tour Organizer without any delay about his/her decision pursuant to Section 8 (4) of Government Decree 281/2008. (XI.28.).
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.
9. If Passenger withdraws from the contract for reasons specified in section 8, he/she shall have the following rights under Section 8 (5) of Government Decree 281/2008 (XI. 28.):
9.1. Passenger may claim a substitute service equivalent to or of higher value than the original service if Tour Organizer has the
opportunity to provide such service, and
9.2. if Tour Organizer is unable to provide the substitute service, or if Passenger does not accept the offered substitute service, Tour Organizer shall immediately refund the total fee paid together with late interest –equaling the rate of the base interest rate of the central bank valid on the last day preceding the calendar half-year in question- for the period counted from the date of signing the travel contract;
9.3. Tour Organizer shall compensate Passenger for any damage (including non-material damage) sustained as the result of the withdrawal, except if
9.3.1. Tour Organizer withdraws due to external circumstances that cannot be influenced or reasonably prevented by the Tour Organizer (outside of its scope of control) -not including the conduct of a third party or a case of overbooking- that Tour Organizer did not foresee and could not have been reasonably expected to foresee at the time of contract signing (hereinafter referred to as “force majeure”), or
9.3.2. 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.
10. If the travel destination or the route to the destination involves an area that -after the conclusion of the travel contract- is 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, then Tour Organizer shall be required to provide a substitute service of equal or higher value. If the substitute service is of lower value than the original, Tour Organizer shall remit the fee difference to Passenger. In this case, Passenger:
10.1. if he/she accepts the substitute service, the parties may amend the travel contract, or
10.2. may withdraw from the contract and in this event Tour Organizer shall immediately refund the total fee paid. In the latter case Tour Organizer shall not be liable for compensation or interests.
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. Tour Organizer may withdraw from the travel contract not later than 20 (twenty) days prior to the start of the journey in writing. If Tour Organizer withdraws from the travel contract for reasons not attributable to Passenger, Passenger may enforce the following rights:
11.1. Passenger may claim a substitute service equivalent to or of higher value than the original service if Tour Organizer has the
opportunity to provide such service, and
11.2. if Tour Organizer is unable to provide the above substitute service, or if Passenger does not accept the offered substitute service, Tour Organizer shall immediately refund the total fee paid together with late interest –equaling the rate of the base interest rate of the central bank valid on the last day preceding the calendar half-year in question- for the period counted from the date of signing the travel contract.
12. If Tour Organizer withdraws from the travel contract for reasons not attributable to Passenger, Tour Organizer shall compensate Passenger for any damage (including non-material damage) sustained as the result of the withdrawal beyond the ones specified in sections 11.1 and11.2, except if:
12.1. Tour Organizer withdraws due to external circumstances that cannot be influenced or reasonably prevented by the Tour Organizer (outside of its scope of control) -not including the conduct of a third party or a case of overbooking- that Tour Organizer did not foresee and could not have been reasonably expected to foresee at the time of contract signing (hereinafter referred to as “force majeure”), or
12.2. 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.
13. In case of withdrawal by Passenger retention money may be claimed from Passenger pursuant to Section 8 (8) of Government Decree 281/2008. (XI.28.) except in the following cases:
13.1.1. withdrawal made more than 60 (sixty) days prior to start of the journey;
13.1.2. as described in Section 8 (2) and (6) of Government Decree 281/2008. (XI. 28.).
14. In other cases of withdrawal by Passenger, retention money may be claimed from Passenger in the following amount:
In case of withdrawal by Passenger not earlier than 35 (thirty-five) days prior to the start of the journey, or in case of a travel contract including accommodation (apartment) 45 (forty five) days prior to the start of the journey – with reference to the confirmation number – Passenger will be liable to pay retention money equaling to 10 (ten) % of the service fee (participation fee) as a flat fee.
15. If Passenger withdraws from the travel contract within 35 (thirty-five) days prior to the planned start of the journey, or in case of a travel contract including accommodation (apartment) 45 (forty five) days prior to the planned start of the journey, but not later than within 10 (ten) days prior to the start of the journey, or in case of a travel contract including accommodation (apartment) 20 (twenty) days prior to the planned start of the journey -for reasons other than the ones specified in section 13- he/she shall be obligated to pay GoBeyond the following retention money: up to 35-20 days, or in case of a travel contract including accommodation (apartment) up to 45-30 days: 40 (forty) % of the total participation fee, up to 20-10 days or in case of a travel contract including accommodation (apartment) up to 30-20 days: 70 (seventy) % of the total participation fee.
If Passenger withdraws from the contract within 10 (ten) days prior to the journey, or in case of a travel contract including accommodation (apartment) 20 (twenty) days prior to the journey, or does not participate in the journey for whatever reasons, he/she shall be obligated to pay GoBeyond as retention money 100 (hundred) % of the participation fee.
If the travel contract is signed within 35 (thirty-five) days prior to the start of the journey, or in case of a travel contract including accommodation (apartment) 45 (forty five) days prior to the start of the journey, or within the longer period for withdrawal specified individually in the contract, in case of withdrawal Passenger shall pay retention money to GoBeyond with the rate determined in this chapter.
16. If possible, GoBeyond will fulfill requests to amend the order, subject to the payment of a fee equaling to maximum 10% of the total value of the participation fee, on the additional condition that in case of a potential fee increase Passenger shall be obligated to pay the difference and cooperate with GoBeyond in all regards during the amendment. Before the start of the journey Passenger may assign his/her rights and obligations arising out of the travel contract to a third party who meets the conditions included in the travel contract (in particular, but not limited to age, visa, health requirements). Passenger and the third party (who will become the passenger after the assignment) shall be jointly and severally liable for the obligations that occurred before the assignment and the additional costs stemming from the assignment.
17. GoBeyond reserves the right to reduce the participation fee on the grounds of business policy for persons who apply immediately before the departure.
18. Tour Organizer is responsible for the performance of the services undertaken in the travel contract based on Section 10 (1) of Government Decree 281/2008. (XI.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.
19. Tour Organizer`s liability for losses stemming from the non-performance or defective performance of the travel contract is limited to twice the total amount of the service fee (the participation fee).
20. If after the start of the journey 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.
21. 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 + 36302723004 phone number or the email@example.com e-mail address.
22. 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.
23. 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
23.1. if the deficiencies in the performance of the contract are attributable to Passenger’s behavior,
23.2. 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
23.3. and Tour Organizer could not have been reasonably expected to foresee or prevent it, or
23.4. in case of force majeure.
Tour Organizer is also required to provide assistance to Passenger in the cases described in sections 23.2 and 23.3 if he/she has difficulties.
24. 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.
25. 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 12 (2) of Government Decree 281/2008. (XI.28.) as stipulated in section 19 of this travel contract.
26. 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.
27. Passenger’s luggage shall be guarded and supervised during the journey by Passenger.
28. Passenger shall be directly responsible for any damage caused by Passenger to third parties during the journey.
29. 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.
30. 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 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.
31. 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.
32. Passenger authorizes GoBeyond to take pictures and videos during the journey in which Passenger may appear.
33. Passenger agrees that GoBeyond may publish these recordings for promotional and marketing purposes either on the Internet or in printed form.
34. 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.
35. 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.
36. GoBeyond excludes all liability for typos or printing errors that may appear in the publications.
37. 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.
38. The parties agree to the jurisdiction of the Central District Court of Buda (Budai Központi Kerületi Bíróság).
39. 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.
Interpretative provisions in the meaning of Government Decree 218/2008 (XI.28.):
Tour Organizer: means the person who, other than occasionally, organizes packages and sells or offers them for sale, whether directly or through a retailer (Directive 90/314/EEC on Package travel, Article 2, para. 2)
Retailer: means the person who sells or offers for sale the package put together by the tour organizer (90/314/EEC Package travel, Article 2, para. 3)
Travel package: means the travel service where tour organizer offers for sale at least two of the pre-arranged combination of transport, accommodation and other tourist services (in particular food, guiding, entertainment or cultural programs), so that
1. the service fee is determined inclusive of all partial services in one amount (hereinafter as: the participation fee) regardless of whether the partial services are billed separately or together, and
2. the entirety of the partial services covers a period of more than 24 hours or includes overnight accommodation:
Durable medium: means a device that allows the passenger to store the data received by 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.
I, the undersigned, by signing this document, irrevocably state that I have received explicit information pursuant to Section 6:78 (2) of the Civil Code concerning sections 4, 8, 10, 19, 22, 23 and 37 of this GTC that I expressly accept. I hereby also declare that I have received explicit information about any other charges that may be payable beyond the participation fee, the penalties payable in case of breach of contract and the retention money (provisions that entitle GoBeyond to make financial claims) by stressing sections 5, 6, 13-15 and 17 of this GTC that I expressly accept.