GTC | General Terms and Conditions

Effective: as of May 1st, 2023

1. NAME AND REGISTERED OFFICE OF THE SERVICE PROVIDER

Name of the Service Provider: Creative Waves International Kft.

Company Registration Number of the Service Provider: 08-09-035671

Registered Office of the Service Provider: Lajtaszer 5/A, H-9200 Mosonmagyaróvár, Hungary

Service Provider's premises: Hold utca 4., Building A, Ground Floor, Door 1, H-9200 Mosonmagyaróvár, Hungary

hereinafter referred to as the "Service Provider"

 

2. CUSTOMER SERVICE CONTACT, INFORMATION REGARDING BILLING, GENERAL AND TECHNICAL QUESTIONS

Online contact: info@creativewaves.eu

Mailing address: H-9200 Mosonmagyaróvár, Lajtaszer 5/A

Phone: +36 30 22 69 791

 

3. DEFINITION OF SERVICES PROVIDED BY THE SERVICE PROVIDER

The Service Provider provides a global web portal service, which is available at the web address leisurelocator.com (hereinafter referred to as the "Portal"). The use of the client-side interface of the Portal is unlimited and free of charge for everyone, through which locations that provide leisure activities and have been previously uploaded can be browsed using a location-based map search. The following types of locations can be uploaded to the Portal: Activity, Restaurant, Pub, Pastry shop, Accommodation, Wellness/Spa, and Event categories. Uploading locations is possible after paying the fee according to the duration of appearance and submitting a fully and credibly completed registration form. The fees are as follows:

 

Appearance duration - price

1 month - €6.99

2 months - €12.99

3 months - €18.99

6 months - €37.99

12 months - €69.99

 

The prices listed are gross amounts. In case of payment in Hungarian Forints, the exchange rate will be based on the current central exchange rate of the Hungarian National Bank. The uploaded locations will appear on the portal until the fee is settled. The Service Provider is entitled to verify the authenticity of the locations and, if necessary, to remove them.

 

4. TERMS OF ACCEPTANCE, REQUIRED DATA LIST, CONTRACT DURATION, CONTACT

4.1. Method of acceptance, required data list:

4.1.1. After accepting the online unique terms (hereinafter referred to as the "Unique Terms") available on leisurelocator.com, there is no need to sign the Terms and Conditions. After this, every customer is entitled to use the Services as follows. The condition for using the Services is that the Customer pays the specified amount after accepting the Unique Terms, and that the Customer has no outstanding debt to the Service Provider at the time of accepting the Terms and Conditions, and that the Customer provides the Service Provider with the necessary data for identification. After this, the Services will be available to the customer within 1 working day. If the customer fails to pay the specified amount, the contract will be retroactively invalid from the time of its conclusion. The Service Provider will notify the customer by email about the appearance of the location on the portal.

 

4.1.2. The following data is required for the appearance on the portal:

During registration: Email address; Password

In billing data: Name / Company name; Tax number; Country; City; Postal code; Address

When adding a location: Category / Program options, Restaurant, Pub, Pastry shop, Accommodation, Wellness / Spa, Event /; Location name; Country; City; Address or GPS coordinates (eg. 47.830349, 17.408432); Website link; Facebook link; Instagram link; Youtube link; Photo and/or logo

 

4.1.3. The Service Provider reserves the right to verify the authenticity of the provided data. If the Customer does not provide or falsely provides the data required to conclude the contract, the contract shall be retroactively invalid from the time of its conclusion.

 

4.2. Duration of the contract: The date of contract conclusion, the date of acceptance of the Specific Conditions. The contract is concluded for the period specified in the Specific Conditions.

 

4.3. The Customer's right of withdrawal:

 

4.3.1. During the process specified in point 4.1.1. of this Agreement, the Service Provider shall acquaint the Customer with the Specific Conditions filled out and accepted by him/her, as well as with these general terms and conditions of the contract.

 

4.3.2. After providing the confirmation mentioned in point 4.3.1, if the Client has paid the specified amount, then the Parties shall consider that the Client has consented to the commencement of the performance, and therefore, the right of withdrawal shall only apply to the Client until the provision of the Service begins.

 

4.4. Contact: The Parties may make their statements (e.g. demand, imposition of payment deadline, termination, withdrawal) related to this Agreement by sending an electronic mail to the e-mail address specified in this Agreement, without written confirmation.

5. RESPONSIBILITIES OF THE CUSTOMER

5.1. The Customer shall not transfer the use of the Service to another party.

 

5.2. The Customer shall not be entitled to transfer, in whole or in part, any of the rights to which it is entitled to a third party by means of an individual contract.

 

5.3. The Customer is fully responsible for the use of any service for which access is provided through its own password.

 

5.4. The Customer is fully responsible for maintaining the confidentiality of its password. The Service Provider is obliged to keep the Customer's password confidential from third parties. The Service Provider shall only disclose the Customer's password to the Customer or its identified representative.

 

6. MODIFICATION OF THE CONTRACT IN CERTAIN CASES

6.1. Unilateral modification of the contract:

 

6.1.1. The Service Provider is entitled to unilaterally modify these Terms and Conditions if necessary for improving the quality of the Service. In addition, the Service Provider is entitled to unilaterally modify these Terms and Conditions if it is required by changes in legislation, regulatory decisions, or significant changes in circumstances.

 

6.1.2. If the unilateral significant modification contains provisions that are disadvantageous to the Client, the Client is entitled to terminate the contract without further consequences within thirty (30) days from the effective date of the modification.

 

6.2. Bilateral modification of the contract: In all other cases, the Service Provider is entitled to initiate a bilateral modification, and failure to declare by the Client - as indicative behavior - shall be deemed acceptance, except in cases specified by law. In case of dispute, the Service Provider shall bear the burden of proving that the Client was duly notified of the modification in an appropriate manner and at the appropriate time.

 

6.3. Változás az ügyfél adataiban: Az Ügyfél köteles az adataiban, valamint képviselőjének személyében, továbbá jogállásában bekövetkezett változásokról a Szolgáltatót a változás bekövetkeztétől számított legfeljebb 8 napon belül elektronikus úton tájékoztatni a 2. pontban szereplő Ügyfélszolgálati ponton. Az Ügyfél köteles az ellene megindult felszámolási, végelszámolási, illetve csődeljárásról a Szolgáltatót, az eljárás megindítását követően haladéktalanul írásban tájékoztatni. A Szolgáltató az említett Ügyfél adatok megváltozására vonatkozó bejelentés elmulasztásából eredő károkért nem vállal felelősséget, azonban az ezzel kapcsolatosan felmerülő kárának megtérítését követelheti az Ügyféltől.

 

7. CASES AND CONDITIONS OF SERVICE RESTRICTION, REDUCTION OF QUALITY OR OTHER CHARACTERISTICS OF THE SERVICE

7.1. The Service Provider may restrict or reduce the quality or other characteristics of the Service with the prior or simultaneous notification of the Customer in the following cases:

 

7.1.1. If the Customer has outstanding debts, the Service Provider may restrict the service.

 

7.1.2. If the Customer settles the outstanding debt, or after settling the outstanding debt, notifies the Service Provider of the reconnection request, the Service Provider is obliged to immediately terminate the restriction of the Service, the reduction of quality, or other characteristics.

 

7.1.3. The Service Provider may restrict or reduce the quality or other characteristics of the Service with prior or simultaneous notice to the Customer in the following cases:

 

If the Customer has an outstanding payment obligation, the Service Provider may limit the service.

If the Customer settles the payment obligation or indicates to the Service Provider the desire to have the service restored after settling the payment obligation, the Service Provider is obliged to immediately terminate the restriction of the Service, or the reduction of its quality or other characteristics.

If the Customer impedes or endangers the proper functioning of the Service Provider's network, especially by engaging in activities that conflict with the Service Provider's interests, and such activities can take place despite the recipient's good faith; whose content is offensive to social values and human dignity, such as misleading, vulgar, sexual, violent, inciting illegal acts, or causing religious and political conflict.

If the Customer attempts or carries out unauthorized data acquisition, data transmission, or intrusion into computer systems using the service provided to them.

If the Customer stores or transmits on their server data or information that is illegally acquired or violates copyright or is offensive to social values and human dignity, such as misleading, vulgar, sexual, violent, inciting illegal acts, or causing religious and political conflict, or violates the Constitution or applicable laws, regulations; or the characteristics of the product or service offered by the Customer, or their price, may mislead anyone.

 

7.1.4. In the event that the use of the Service provided by the Service Provider results in a publication that does not violate the above rules, but causes significant social resistance or significantly violates the business interests of the Service Provider, the Service Provider reserves the right to identify the publisher and initiate negotiations with them to terminate the publication, and to make this fact public.

 

7.1.5. If the Customer resells the service to a third party without the consent of the Service Provider.

 

7.1.7. If the Customer uses multiple Services and violates the provisions of these general terms and conditions in connection with any of them, the Service Provider is entitled to apply the above-mentioned sanctions simultaneously to all of the Customer's Services with immediate effect.

 

8. INCIDENTS OF INTERRUPTION OF THE SERVICE

 

8.1. Interruption of the Service due to reasons in the interest of the Customer:

 

8.1.1. If the Customer uses the Service in a way that affects the service or its quality in any way, or violates ethical rules on the internet, the Service Provider may suspend the provision of the service.

 

8.1.2. If the Service is suspended based on the reasons described in point 8.1.1, the Customer may be obligated to pay the full fee. The Service Provider is not responsible for any damages caused by the interruption of the Service in the interest of the Customer.

 

8.2. Interruption of the Service due to reasons in the interest of the Service Provider:

 

8.2.1. If the Service is suspended for maintenance purposes - in the absence of other technical solutions - with prior notification to the Customer three (3) days in advance, it cannot exceed eight (8) hours per occasion and per calendar month ("regular maintenance"). The duration of such interruption is included in the availability period.

 

8.2.2. Regular maintenance refers to maintenance activities related to keeping technical equipment in working condition, ensuring continuous maintenance of quality target values ​​due to maintenance, and slowing down the process of technical equipment wear and tear due to operation. Regular maintenance includes activities that require maintenance work to prevent failure of serving equipment necessary for the provision of the service (e.g., disk expansion, etc.).

 

8.2.3. Regular maintenance work can be carried out between 18:00 and 06:00 based on prior notification.

 

9. CASES OF TERMINATION OF THE SERVICE AGREEMENT

 

9.1. Rules for termination of the contract by the Customer:

 

9.1.1. The Customer may terminate the indefinite-term contract at any time, without stating reasons, in writing, with a notice period of fifteen (15) days. The Customer may only terminate the fixed-term contract in the cases specified in point 9.1.3.

 

9.1.2. Termination of the contract by the Customer does not release the Customer from the obligation to pay any fees incurred during the term of the contract.

 

9.1.3. In case of a serious breach of contract by the Service Provider, the Customer is entitled to terminate the contract with immediate effect, if the Service Provider fails to remedy the breach within fifteen (15) days of the Customer's prior written notice. In case of termination with immediate effect, the contract shall terminate at the time of termination.

 

9.2. Rules for termination of the contract by the Service Provider:

 

9.2.1. The notice period for termination of the contract by the Service Provider, except as specified in point 9.2.3., is 30 days. The Service Provider is obliged to send the notice of termination in writing.

 

9.2.2. If the reason for termination is the Client's breach of the Contract and the Client remedies the breach during the notice period, but does not expressly request termination of the Contract, the Contract shall not terminate on termination by the Service Provider. The Service Provider is obliged to notify the Client of this at the same time as the termination.

 

9.2.3. The Service Provider may terminate the Contract with a notice period of fifteen (15) days in case of breach of the Contract if: the Client obstructs or endangers the proper operation of the Service and does not remedy the breach even after being notified of the legal consequences; the Client resells the Service to a third party without the consent of the Service Provider; the Client has not paid the due fee even after being notified of the legal consequences. The payment deadline specified in the notification is fifteen (15) days, which does not prevent the Service Provider from applying the consequences of delay as determined in this Contract (e.g. Chapter 7, Section 12.4.).

 

9.2.4. If the Client settles their payment arrears within the payment deadline, the Service Provider shall not terminate the Contract.

 

9.3. In the case of the World Wide Web Portal service with a fixed term, the Service Provider shall notify the Client electronically 14 days before the turn date (12.1.3.) to declare whether they wish to use the service in the next service period. If the Client does not declare or declares negatively within (3) three days of the call, the service contract shall terminate on the day before the turn date.

 

9.4. The Contract may be terminated by mutual agreement of the Parties or shall terminate in the event of the unilateral termination of either contracting Party without a legal successor.

 

9.5. Following the termination of the contract, the Service Provider will only enter into a new contract with the Client if the Client has no outstanding payment obligations resulting from the use of the Service or if the termination of the previous contract was caused by a one-year notice of termination not attributable to the Client's fault. If the Client has settled their outstanding payment obligations only with significant delay, and the Service Provider terminated the contract due to a breach of payment obligation, the Service Provider is entitled to require the Client to make a deposit corresponding to the amount of the Client's previous outstanding payment obligations or twice that amount as a condition for entering into a new contract.

 

9.6. Termination of the contract does not release the Client from the obligation to fulfill payment obligations incurred during the term of the contract. In case of overpayment by the Client, the Service Provider is obliged to make a refund of the excess payment to the extent of the overpayment upon the Client's written request, to the bank account or postal address specified therein, or to credit the excess amount in the next month's invoice.

 

9.7. The Client is obliged to notify the Customer Service referred to in paragraph 2 if they do not receive an invoice, as the non-arrival of the invoice does not release them from the obligation to pay for the service.

 

9.8. The Service Provider is not responsible for damages resulting from the Client's payment delay.

 

9.9. The Service Provider will retain any data stored within the framework of the Service until the tenth (10th) day following termination of the contract. After that, the Service Provider will delete all data stored by the Client, and will not be held responsible for any resulting damages.

 

10. AVAILABILITY OF THE ERROR REPORTING CUSTOMER SERVICE, ERROR RESOLUTION TARGETS UNDERTAKEN, PROCEDURE FOR REGISTRATION OF ERROR REPORTS

 

10.1. The Service Provider operates a fault reporting customer service for two (2) days a week, four (4) hours a day, where the Client can directly report any malfunctions of the Service. The current information on the exact availability of the fault reporting customer service is available in the contact menu on the website.

 

10.2. The customer service is available to the user as long as the Client pays all fees for the services used in accordance with this GTC.

 

10.3. The Client can report the fault at the customer service location, address and e-mail address, by postal or electronic means. The Service Provider shall immediately start to delimit and eliminate the fault upon its detection, and carry it out continuously until successful completion. The deadline for fault elimination is up to seventy-two (72) hours from the detection of the fault or as long as necessary due to the nature of the fault.

 

10.4. The Service Provider is obliged to record fault reports, the result of the delimitation process and the measures taken based on the fault elimination in a traceable manner, and keep it for at least one year in compliance with data protection regulations. The register must contain:

 

the Client's contact address or other identifier;

a description of the fault symptoms;

the time of reporting the fault (year, month, day, hour);

the cause of the fault;

the method and time of fault elimination (year, month, day, hour);

the method and time of notifying the Client.

 

10.5. Based on the examination carried out, the Service Provider is obliged to inform the Client immediately and with appropriate justification whether: the fault was not detectable during the examination, or the fault arose due to reasons related to the Client's interests; the correction of the fault has been started; it cannot undertake the correction of the fault within the availability period, therefore it provides a percentage reduction in monthly fees to the Client.

 

10.6. Fault resolution targets:

 

10.6.1. The Service Provider is obliged to correct the fault that has been reported by the Client and has been proven real as a result of the fault isolation procedure within the deadline specified in this GTC from the time of its reporting. If correction was not possible due to reasons outside the Service Provider's interests at the agreed time with the Client, the deadline available for fault correction is extended by the duration of the outage.

 

10.6.2. In the event of delayed or faulty performance of the contract, the Service Provider is liable for the decrease in value caused to the Client's assets. This value is the decrease in the Client's existing assets due to the Service Provider's misconduct. The Service Provider is not obliged to reimburse lost profits or compensation or expenses required to reduce or eliminate the Client's financial or non-financial disadvantages.

 

10.6.3. The Service Provider is not obliged to reimburse the portion of the damage that resulted from the Client's failure to act as generally expected in the given situation to eliminate or reduce the damage.

 

10.6.4. If the service cannot be used due to the fault, the penalty fee is the daily amount calculated based on the average of the fees paid by the Client for the service in question in the previous six months before the fault was reported. If the service contract has been in effect for less than six months, the calculation is based on the average of the fees paid for the entire duration of the service contract on a daily basis. If, as a result of the fault, the Client can only use the service in lower quality than the quality promised by the Service Provider, the Service Provider must pay half of the penalty fee determined in this section.

 

10.6.5. In the case of monthly payment obligation, the Service Provider credits the penalty in a lump sum during the next settlement.

 

10.7. As part of the damage prevention and mitigation obligation, the Client undertakes to inform the Service Provider immediately if they notice that the Service is not functioning or is functioning inadequately. The Service Provider shall not be liable for any damages and/or costs arising from the Client's failure to fulfill the above obligation or for fulfilling it only belatedly.

 

10.8. The Service Provider makes every effort to ensure the efficiency and continuity of the Service at all times. The Service Provider shall not be liable under this Agreement for any damages arising from malfunctions or insufficiencies outside the scope of its service.

 

10.8.1. In the event that a malfunction of the Service occurs due to an error or malfunction within the jurisdiction of another service provider (e.g. telecommunications service provider), the Service Provider undertakes to inform the Client of this fact by electronic means at the telephone number or e-mail address provided by the Client.

 

10.8.2. The liability for damages caused by the Client or any third party to the Service Provider (whether contractual or non-contractual liability) shall be governed by the provisions of the Civil Code.

 

10.8.3. Force majeure: Neither party shall be responsible for the performance of its obligations under the contract in cases where unforeseeable circumstances beyond the interests of either party ("force majeure") occur that prevent the fulfillment of the contract or the use of the service. Such circumstances include, in particular: war, rebellion, sabotage, terrorist attack, severe energy supply disruption or natural disaster, strike, the measures taken by authorities authorized under the Defense Act or the Police Act, or malfunctions outside the Service Provider's jurisdiction.

 

10.9. The Service Provider reserves the right to record phone calls made to customer service numbers, which the caller shall be informed of prior to the recording. If the caller does not consent to the recording, the matter can only be handled in person. If the Service Provider has recorded the conversation, the recorded audio shall be made available to the caller upon request during the storage period. The Service Provider shall store the recorded audio for a period of one (1) year following the date of recording.

 

11.