GENERAL TERMS AND CONDITIONS
GYŐRCARD CARD SYSTEM
- 1.These General Terms and Conditions (hereinafter: GTC) define the terms and conditions for the use of preferential services between the additional company(-ies) (hereinafter: Card Issuer), and the natural person using the Card system (hereinafter: Buyer, hereinafter collectively the Contracting Parties), as well as the rights and responsibilities arising between the Card Issuer and the Buyer.
- Card Issuer: it records the discounts offered by the POS terminals in the card system (hereinafter: System) and sells these preferential services in form of touristic Cards.
- Details: Győr Projekt Kft. (registered office: 9027 Győr, Kiskút liget topographical no. 5764/2, tax number: 23186855-2-08, trade register no.: 08-09-02-1453), hereinafter Card Issuer
- Card: a plastic or virtual tool furnished with a Smart QR-code and a serial number, which enables the Buyer to use the provided discounts at the POS terminals
- Buyer: the person, who buys the numbered card
- Card Owner: the individual, who personalizes the numbered Card at the time of activation, who then becomes entitled to the use of the Service
- Service: authorization provided by the POS for the preferential entry/use
- POS: where the Card is admitted by ensuring the published discount
- Reseller: the place, where the Card can be purchased by the Buyer
- 3.In addition to the purchase of the GyőrCard the Buyer/Card Owner enters into a service relationship with the POS in terms of the actual execution of the Service. The Card Issuer is not involved in the organization and execution of the Service, its activity and liability is solely restricted to the sale of the Card. Consequently, the services rendered by the Card Issuer and the POS – and the liability for them – are separated. It is the POS, which is responsible for the availability of the Service and for the quality of the Service. The Card Issuer has no liability whatever for the quality of the Services visited by the use of the purchased Card. Correspondingly, the Card is an agreement between the POS and the Buyer/Card Owner, in which the Card Issuer ensures the right for the use of the discounts published on its website, and the Buyer pays the price of the Card.
- 4.The Card Issuer reserves the right to change the range of the POS terminals and the discounts. The Card Issuer is not responsible for any losses, which may arise from the said changes of the discounts.
- 5.The name and identification details of the Card Issuer can be found at www.gyorcard.com.
- 6.By the payment of the Card the Buyer accepts the terms and conditions for the use of the GyőrCard, as well as the provisions of these GTC. By the execution of the contract the Buyer declares that he/she has acquainted with the terms and conditions set forth in these GTC and admits these as binding for himself/herself, and he/she has agreed to the treatment of his/her data as required for the use of the Service in these GTC.
- 7.As to the handling, storing of private data the Card Issuer acts with due diligence. The Card Issuer is, however, not liable for losses, if any, caused by unavoidable attacks which may occur in spite of due diligence.
- 8.The executed agreement is no written agreement, thus it is not accessible in any recorded form. The conclusion of the agreement is proved by the data of purchase saved electronically.
- 9.The Card Issuer informs the Buyer and Buyer agrees explicitly that the Card Issuer is authorized to amend the GTC unilaterally. If the GTC are amended the changes will be published by the Card Issuer for the information of the Buyer/Card Owner at www.gyorcard.com under the menu item “News, information” at least 8 (eight) days prior to the entry into force of the amendment.
II.Validity, disablement of the Cards and special rules for the Card
- 1.The validity of the Cards is subject to the purchased type of the Card.
- a)The GyőrCard can be activated within 3 months of the purchase and it is valid for a period indicated on the Card as of the time of the activation (24, 48 hours).
- b)The commencement of the validity of the Card and the validity term may be investigated by the POS on the basis of the individual QR code shown on the Card, and it is authorized to refuse the discount in case of invalidity.
- c)In case of the unauthorized use of the Card the Buyer/Card Owner is obliged to pay the price, charge of the Services without any discounts at the time of entry.
- 2.Invalid is a Card, which is not activated within 3 months of the time of the purchase, or the validity of which has expired after the activation (24 or 48 hours). The invalid or expired Card is not suitable for the use of discounts.
- 3.The Card will be disabled if the GTC is violated for any reason whatsoever, if the Card is damaged, lost or used by unauthorized persons.
- 4.The Card may be disabled solely by the Card Issuer.
- 5.The discounts for one Card may be used by one person.
- 6.After successful purchase the Buyer/Card Owner can use those services, which are published at www.gyorcard.com. The Card can be purchased also from Resellers at www.gyorcard.com. The Buyer/Card Owner is entitled to the discounts by presenting the Card.
- 7.The liability for the consequences from the loss, theft, copy, misuse of the Card and for any damage is solely borne by the Buyer. The Buyer is obliged to present the Card at the time of the use of the discount. The preferential entry occurs on the basis of the first validation. Thus, the validity is due to the first Card, which is admitted by the entry system of the POS with the recorded data. The next Card with the same data will be automatically invalidated by the first one. Any further attempt to enter and any claim for discounts will be invalid and therefore unsuccessful, and the entry can be refused for the person who presents the card. In case of refusal for such reason the Card Issuer cannot be obliged to pay compensation.
- 1.The list of the Resellers can be found at www.gyorcard.com.
- 2.The Card Issuer reserves the right to amend the list of Resellers at www.gyorcard.com.
- 3.The Reseller is responsible for the performance and for the issue of invoices in accordance with the data provided by the Buyer.
IV.Purchase price, terms of payment
- 1.It is the responsibility of the Card Issuer to determine the price of the Card. The Card Issuer reserves the right to amend the purchase price of the Card at any time.
- 2.The documents of the purchase are kept by the Card Issuer/Reseller at its own registered office. The Card Issuer/Reseller issues an invoice or a receipt about the purchase for the Buyer. By initiating the purchase process the Buyer explicitly agrees to accept the invoice or the receipt.
- 3.In case of online purchase the electronic Card and invoice will be sent for the Buyer after the payment transaction by bank card.
V.Rules for the POS terminals
- 1.POS terminals can be visited by anyone for his/her own responsibility, and the services may be used only for own responsibility. The POS terminals are not liable for any visitors, who may show irresponsible behavior.
- 2.At some POS terminals video and audio records may be made, where the Card Owners are recorded whilst using the Service. The Card Owner is not authorized to submit any related claims whatever against the POS, the Card Issuer, the Reseller or the rightful owner of the recording.
- 3.Buyers, who breach the conditions for participation, the Rules of Conduct of the POS, the instructions of the security service and other police bodies, can be removed by the POS in order to ensure the undisturbed entertainment of the Visitors. In case of refusal for such reason the Card Issuer or the POS cannot be obliged to pay damages.
- 4.If due to any wars, riots, terror attacks, strikes, accidents, fire, blockades, flood, natural disasters, serious power supply disorders or unexpected and unavoidable obstacles falling beyond the reasonable control of Buyer or the Card Issuer and the Reseller, either of them is unable to fulfil any of their contractual obligations, then this person is not liable for any losses or damage whatever, which may arise as a consequence of the said events.
VI.Restrictions to the services of the Card Issuer
- 1.The Card Issuer is authorized to suspend the online sale of the Card at www.gyorcard.com either in whole or in part without any prior notice in order to maintain the website or for any other security reasons.
- 2.The Card Issuer has no liability whatever for any information and contents related to each attraction and other services published on www.gyorcard.com, in particular for any information collected directly from the POS terminals. The Card Issuer is not responsible for the non-infringement of the photos stemming from the POS terminals, either, it is the POS which is responsible for the non-infringement of the photos.
- 3.The Card Issuer is liable only for losses, which have been caused by it by willful or gross negligent defaults attributable to Card Issuer. The liability cannot exceed the price of the purchase transaction.
- 4.The Buyer agrees that the Card Issuer is not liable for any loss or misuse, which may occur during, or as a consequence of the payment with a bank card.
- 5.The Card Issuer has no liability whatever for losses, which have been caused by a non-contractual or unlawful activity or default of the Buyer, the POS terminal, the Reseller or any third party.
- 1.Complaints can be submitted by the Buyer/Card Owner in form of a written notice to the e-mail address info@gyorcard. Unanimous notices are not accepted. Buyer will be informed by the Card Issuer in writing on the outcome of the investigation of the complaint and the actions taken.
- 2.Any disputes between the POS and the Buyer/Card Owner must be settled between the Parties, any claims for damages arising in such cases cannot be enforced against the Card Issuer and the Reseller.
VIII.Withdrawal from the contract
- 1.After the purchase the Card Issuer and the Reseller have no possibility for the redemption of the Card or for the repayment of the price of the purchase.
IX.Trademarks and copyrights published on the website
- 1.The trademarks published on the website of the Card Issuer are the sole ownership of the Card Issuer and any other copyright owners. These markings cannot be used, distributed or published in any manner by any third parties, unless the explicit and prior written approval of the Card Issuer or the copyright owners is in place.
- 2.For the remarks and photos published by the Buyer in relation to the use of the website (e.g. chats, blogs) and for any observations, proposals and ideas the Card Issuer has unlimited and exclusive right of use. The Card Issuer becomes the sole owner for any such rights related to the remarks, without being restricted in any manner for the use thereof. The Card Issuer has unlimited authorization for the utilization, use, issue, revision, cancellation, publication of the remarks of the Buyer without the obligation to render any consideration for Buyer in any manner whatever.
X.Rules of data handling
- 1.Data handling in relation to the touristic card: The responsibilities as defined in the Act CXII of 2011 about the information self-determination right and the freedom of information in relation to the use of the GyőrCard touristic card for the registration of personal data are performed by Győr Projekt Kft. (9027 Győr, Kiskút liget topographical no. 5764/2, hereinafter “Data Manager”) in accordance with those set out herein. This information forms an integral part of the rules of the Data Manager for data safety and data security, which is accessible in the central office building of the Data Manager subject to prior check-in on business days between 8-16 o’clock. The definitions set forth in this information in relation to the handling of personal data are the same as those defined in the Act CXII of 2011 about the information self-determination right and the freedom of information.
- 2.Purpose of the data handling: The Data Manager operates a touristic card system, the purpose of which is to offer special discounts for natural persons and the family members living together in the same household, and for legal entities, respectively, to prepare personalized offers and to render direct information about the actual offers and special offers related to the GyőrCard touristic card system. The Data Manager does not disclose any private data related to the card system for the purpose of direct marketing and direct business opportunities for any third parties or enterprises.
- 3.The handled data include:
- a)data suitable for the customer-identification of natural persons: name, address, e-mail;
- b)data suitable for the customer-identification of legal entities: name, registered office, tax number, e-mail.
- 4.Duration of data handling:
- a)for the handling of private data of buyers: 5 years as of the time of the last use of the Card;
- b)in case of consent for direct marketing purpose, until the consent of the user is withdrawn;
- c)in terms of accountancy data of the purchase 8 years.
- 5.Legal basis for data handling: a consent of the affected natural person or the representative of the legal entity either in written form, or in electronic form at www.gyorcard.com.
- 6.Rights, remedies for the Buyer concerning data security: The Buyer can receive information subject to prior check-in from Monday to Friday between 8 to 16 in the central office building of the Data Manager about the handling of his/her personal data, as well as he/can request the correction, cancellation or blocking of his/her personal data. The Data Manager will offer written information within the shortest possible time as of the time of the claim, but not later than within 25 days. If no correct private data have been registered by the Data Manager, these will be corrected by the Data Manager, provided that correct private data are available.
- 7.The private data will be cancelled by the Data Manager, if:
- a)the handling is unlawful;
- b)it is incomplete or wrong, and this condition cannot be remedied lawfully;
- c)it is requested by the affected person;
- d)the purpose of the data handling does not exist anymore, or the legal period of the storing of the data has expired;
- e)it was ordered by a court or authority.
The private data subject to the obligation of cancellation will be blocked instead of cancellation by the Data Manager, if this is requested by the affected person, or if it can be assumed on the basis of the available information that the cancellation would hurt the lawful interests of the affected person. The private data cancelled in this way can be handled solely as long as the data handling purpose excluding the cancellation of the personal data is existing.
From among the data, which can be handled lawfully, those, which are necessary for data handling, can be disclosed by the Data Manager:
- a)for the settlement of any disputes for bodies having lawful authorization;
- b)for the purpose of the protection of national security, national defense, and the prosecution of crimes of public prosecution for the authorities having relevant competence;
- c)by virtue of any other laws.
The rules not covered by this information in relation to private data handling are contained in the data safety and data security rules, which are available in the central office building of the Data Manager.
For the violation of the rights of the affected person or for any remarks, statements can be made as follows, and the authorities can be requested set forth below:
- a)Győr Projekt Kft: 9025 Győr, Radnóti M. u. 46.; firstname.lastname@example.org
- b)Fővárosi Törvényszék (Metropolitan Tribunal): 1055 Budapest, Markó utca 27.
- c)Nemzeti Adatvédelmi és Információszabadság Hatóság (NAIH - Authority for National Data Protection and Freedom of Information): (Mail address: 1530 Budapest, Pf: 5; www.naih.hu)
NAIH registration number: in progress
- 1.In order that the customers, who have no possibility to read the GTC of the Card Issuer online in detail, could also get acquainted with the rules related to their purchase and to the Card, the Card Issuer requested the Resellers in contractual relationship with the Card Issuer to make available these GTC on a well visible place continuously for all Buyers, who make purchases from the System of the Card Issuer.
- 3.These GTC were made in Hungarian language, and for its interpretation the Hungarian law is governing.