General terms

The objective of the present document is to establish and regulate the GENERAL BOOKING TERMS and CONDITIONS of the online Booking services of CADENA HOTELERA ZENIT (ZENIT HOTEL CHAIN). The Terms “You” and “User” are used herein to refer to all individuals and/or entities which for any reason access www.zenithoteles.com or use the services.

We inform you below of the steps to take to make bookings on www.zenithoteles.com:

In the section of our website www.zenithoteles.com indicating online bookings:

1. Select your hotel or destination.

2. Indicate your desired arrival and departure date. Remember that the departure date indicated refers to the day on which you leave the hotel. That night will not be included in your stay.

3. Select the number of rooms you wish to book.

4. Select the number of adults and/or children who will occupy the rooms selected. Children refers to persons between the ages of 2 and 11 years old inclusive. Those over 11 years old are considered adults in this process. There is no charge for babies under 2 years old, although they must be indicated in the booking, and you should request a cot if needed. The cots may carry an extra charge. Consult in the Hotel by calling 912182028, through our chat, or by sending an email to reservas@zenithoteles.com.

5. Once you have completed all the aforementioned steps, you will be shown a series of options which you can choose by pressing “book” next to each of them.

6. For detailed knowledge of the booking you are going to make, we put the following sections at your disposal for you to explore:

1. By pressing on the room type, you will find a description and a photograph.

2. If you reserve a Special Offer, you will be able to see the details of what it includes by pressing on it.

3. If you select more than one night, you can see the price of each night in detail by pressing on the price.

4. In the section “cancellation conditions” for each block of rates, you will find the conditions for the rate selected.

7. Once you have selected the room type and clicked on the corresponding booking, a window will appear with additional services which you can hire during your stay. You can see the details of each of these by clicking on them. If you do not wish to select any of them, simply press on “continue with booking”.

8. At the final step, all the information on your booking will be shown together with the price, with IVA (VAT) included. If you have selected Zenit Lisbon (Lisbon), Zenit Budapest (Budapest), Zenit Barcelona (Barcelona), Zenit Borrell (Barcelona), Zenit Lleida (Lleida) or Zenit Diplomatic (Andorra) there is an additional tax which must be paid in the Hotel directly, as indicated in the regulations and at the bottom of step 5 as per this explanation, or in the step in which the prices of your request are indicated once you have selected the hotel, dates and room type.

9. On finalising your booking, you will be asked for your details as holder of the booking, and a valid credit card as guarantee. We remind you that this establishment does not charge your credit card for any amount on making this booking. Your card is used as a guarantee only. The establishment reserves the right to check the validity of the credit card before the customer’s arrival. The invoice corresponding to the booking will be paid in the establishment, whether in cash (bearing in mind the legally established limits for the prevention and fight against fraud), by credit card or by any other mode of payment accepted by the establishment (we are sorry but we do not accept cheques), and no deposit will be required except when certain amounts are exceeded, depending on each hotel, as specified in the welcome document. In this case, the customer must pay the set amount. If they do not, the Provider shall have the right to cancel the Contract with immediate effect and oblige the Customer to leave the Hotel.

10. Once you have finalised the last step of the booking, you will receive a confirmation email. You will find a summary of your booking in this email, and will be able to print a document containing it.

2.1 The purpose of the online Booking services is to book a room in one of the CADENA HOTELERA ZENIT establishments. The use of these services implies the acceptance of each and every one of the General Terms and/or Conditions, considered to be instantly incorporated into the contract subscribed to with CADENA HOTELERA ZENIT, without the need to transcribe them in writing, and in any case the latest updated version will be referred to in this section.

2.2 Termination of the contract or cancellation of the booking: The booking will be confirmed and guaranteed all night with a credit card. Cancellation costs are variable depending on the rate reserved and the date in advance of the cancellation.

In any case, they are clearly shown in the booking process.

In the case of cancellation after 12:00 on the day of arrival or no show, the Hotel shall be entitled to bill the first night for cancellation costs, and proceed to cancel the rest of the nights. Also, on special dates, the Hotel also reserves the right to charge the credit card provided with the full cost of your booking.

This clause is not valid for bookings made at special rates. For these bookings, the respective established conditions will be applied (In the case of bookings with a 10% discount for booking with sufficient time in advance, said booking shall be non-refundable and cancellations of the same shall generate 100% of costs since this is a special rate subject to Non-refundable restrictions. The total amount for the booking shall be able to be charged at time of making the booking to the credit card provided.

2.3 Prices per room and night: The prices are only valid in writing and for the time period indicated in them. When there are justifiable reasons, CADENA HOTELERA ZENIT reserves the right to modify said rates without prior notice. The prices relating to the booking will be indicated during the booking process. The current IVA (VAT) at time of the stay at the hotel will be applied to the prices.

2.4 The user commits to using the services in accordance with the Law, moral, good customs and public order, and also with the provisions of the present General Terms and/or Conditions of contract. As a result, the user is obliged to refrain from using the services for illicit purposes or effects and/or those contrary to the provisions of the present General Terms and/or Conditions of contract, as well as those harmful to the rights and/or interests of third parties, or which could damage the services of CADENA HOTELERA ZENIT in any way and/or its image.

2.5 The electronic document in which the booking is formalised is filed electronically for the legally established time period. The customers can access the data, exercising their corresponding access rights in the manner described in the section of the data protection policy.

User account data consultation, and service or product request, operations through the ZENITHOTELES Website take place over a secure server. CADENA HOTELERA ZENIT HOTELES has strict security procedures for the storage and disclosure of data in order to prevent all unauthorised access to it, in accordance with the provisions of the personal data protection regulations in force in Spain.

2.6 Right to Modification of the General Terms and/or Conditions of contract CADENA HOTELERA ZENIT reserves the right to modify the present General Terms and/or Conditions of Contract (purchasing conditions), informing the users of the modifications made on www.zenithoteles.com.

2.7 If CADENA HOTELERA ZENIT, despite acting with due foresight and diligence, were not able to provide the rooms contracted due to reasons not imputable to it, or due to force majeure, making it impossible to provide the services agreed, CADENA HOTELERA ZENIT will offer the user the possibility of opting for full refund of payment, or replacement with other services with similar characteristics in terms of category or quality. If the replacement of the service were to be with services of lower category or quality, CADENA HOTELERA ZENIT must refund the difference.

Should any of the stipulations of the present General Terms and/or Conditions of contract be declared void or non-operational, the rest of the General Terms and/or Conditions shall be maintained in force in accordance with the Terms agreed. None of the stipulations in this contract shall in any way affect the mandatory provisions for consumers. If you are not a consumer, you expressly renounce your right of withdrawal.

The user is aware that the use of the online Booking services implies the full and unreserved acceptance of each and every one of the clauses making up the Usage Rules for www.zenithoteles.com in the version published by CADENA HOTELERA ZENIT at the time that the user contracts the service. Said rules complete the present General Terms or Conditions on all points not contrary to them. Therefore, the user must be conscious of the importance of reading the rules of the present website before access to and/or use of these services.

CADENA HOTELERA ZENIT, without prejudice to the express reference to the corresponding section on personal data protection, guarantees the protection and confidentiality of the data provided by our customers. This data will be gathered and processed in conformity with the personal data protection regulations (European Regulation 2016/6 79 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of personal data;and Organic Law 3/2018 of 5 December on Personal Data Protection and the guarantee of digital rights) and in accordance with the provisions of article 12.1 of Organic Law 1/1992 on the protection of citizen security.

These General Terms and/or Conditions of Contract (purchasing conditions) are governed by Spanish Law. The competent jurisdiction for the resolution of any dispute that could arise in relation to their validity, execution, fulfilment or resolution, whether entire or in part, shall be the corresponding jurisdiction as per the current regulations applicable to the matter.

In any case, any dispute that could arise in relation to provision of the services in the Hotel in which the customer is staying, shall submit to the Courts and Tribunals of the consumer’s domicile.

The GENERAL TERMS or CONDITIONS OF CONTRACT (conditions of purchase) of the online Booking services of CADENA HOTELERA ZENIT are expressed in the following languages: Spanish, English, Portuguese, German, Italian and French. The contracting is carried out on the website www.zenithoteles.com in the languages Spanish or English.

In accordance with the provisions of Regulation (EU) nº 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, CADENA HOTELERA ZENIT hereby informs you that, in the event of controversy, Users residing in the European Union may access the “Online Dispute Resolution platform” developed by the European Union, to attempt to resolve outside of the courts any controversy deriving from service provision by the chain.

You can access the “Online Dispute Resolution platform” at the following link:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Right of withdrawal:

In accordance with Legislative Royal Decree 1/2007 of 16 November which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws in its Art. 103 l), the right of withdrawal shall not apply to contracts relating to the supply of accommodation services for purposes other than housing, transport of goods, vehicle rental, food or related services with distribution activities, if the contracts specify a date or period of performance. Therefore, the right of withdrawal does not apply.

In these general terms the following capitalized expressions shall have the following meanings:

• Parties: The Service Provider, the Guest and the Paying Party jointly (individually: Party).

• Terms: These general terms

• Paying Party: The person which is paying the consideration for the Services.

• Hotel: The hotel operated by the Service Provider under the trade name of Hotel Zenit Budapest Palace in the building located at 1054 Budapest, Apáczai Csere János utca 7., Hungary.

• Contract: The contract concluded by the Parties for the provision of defined Services.

• Services: The accommodation service provided in the Hotel and the typical hotel services (e.g. dining, touristic and communications services) associated with it (individually: Service).

• Service Provider: APÁCZAI HÁZ Kft. (seat: 1054 Budapest, Apáczai Csere János utca 7., Hungary;company registration number: 01-09-865453;tax number: 13634807-2-41).

• Guest: The natural person to whom the Services are provided.

• Force Majeure Event: Such event or circumstance beyond the reasonable control of the Service Provider, which might not be foreseen at the time of the conclusion of the Contract and its avoidance or the mitigation of the damages caused by it was not reasonably expected from Service Provider (e.g. war, demonstration, strike, natural disaster, failure of public utility service, introduction of trade or travel limitation, epidemics).

The Contract is concluded among the Parties in writing (e.g. through an internet based booking system) or if the Service Provider in fact provides or confirms in writing the provision of the Service requested orally or by his/her act by the Guest or the Paying Party. The Contract is also concluded if the Guest or the Paying Party is represented by a third party (e.g. travel agent). In such case the Service Provider is not obliged to check the authorization right of the representative. The Contract supersedes all former agreements among the Parties regarding the Services which are the subject matter of the Contract.

The consideration for the Services shall be payable by the Guest in accordance with the provisions of the Contract or, if the Contract so provides, by the Paying Party. The Guest and the Paying Party shall be jointly and severally liable for the fulfilment of their obligations.

For the food and other movable assets put into the hotel room by the Service Provider (e.g. the content of the mini-bar, towel, bath-robe), which the Guest consumes or takes with him/her upon leaving the room, the Service Provider will charge the consideration set out in the price list available at the reception of the Hotel. If the Guest leaves the room and the above food or movable assets are not found in the room, it is deemed that those are consumed or taken away by the Guest.

The final amount of the consideration for the Services is set and invoiced by the Service Provider in Hungarian Forints. In the case of such Services for which the consideration is quoted by the Contract in a currency other than Hungarian Forints, the calculation of the consideration in Hungarian Forints will be made by the exchange rate fixed by the Service Provider for the given settlement period.

The Service Provider is entitled to charge (reserve) bank/credit card of the Guest (or the Paying Party) with the amount equal to the amount of consideration for all the Services set out in the Contract from the check-in into the Hotel (in the case of internet based booking from the booking). The Service Provider is entitled to check the operating status of the bank/credit card of the Guest (Paying Party) and if it is not operating duly or does not cover the amount of consideration for the Services set out in the Contract then the Guest (Paying Party) shall make available to the Service Provider such other bank/credit card or cash amount which duly covers the consideration for the Services. If the Guest (Paying Party) does not fulfil its obligation mentioned in the previous sentence then the Service Provider is entitled to terminate the Contract with immediate effect and to oblige the Guest to leave the Hotel immediately.

The Guest may occupy the hotel room from 14 o’clock on the day of arrival and shall leave the room by 12 o’clock (at noon) on the day of departure so that he/she also checks out at the reception of the Hotel and vacates the room from his/her luggage by such time.

The Customer may cancel the use of the Services established in the Contract until 12 midday on the first day established in the Contract, by written notification sent to the Service Provider, but exclusively in the case that said circumstance has not been excluded in the Contract. If the Contract excludes this possibility of cancellation, and the cancellation takes place, the Provider shall have the right to charge the full amount corresponding to the consideration for the Services, in conformity with the Contract, regardless of the cancellation, which is to say, the consideration settled in advance shall not be refundable, and the consideration not in advance must be settled by the Customer (or the Paying Party).

During the period set out in the Contract the Guest may stay in the room made available by the reception of the Hotel and in the common premises of the Hotel open for the Guests and properly use their installations and furniture. The Hotel may have such premises which may not or may only in the case of certain circumstances or the fulfilment of certain conditions be visited by the Guests.

The Guest may only use the fitness room and the sauna located at the Hotel at his/her own risk and in accordance with the conditions published in such premises.

The Guest may only borrow 2 pieces from the books of the library located at the Hotel and he/she must bring them back to the library until his/her check out from the Hotel.

In the course of using the information technology devices and the internet access located at the Hotel the Guest shall proceed in compliance with the applicable laws (especially the copyright laws) and keep the software and hardware status of the devices.

If the Guest suffers in (or it is probable that he/she suffers in) an infectious or another disease or he/she is in such status that is (or may be) dangerous to the persons staying in the Hotel then the Service Provider is entitled to terminate the Contract with immediate effect and to oblige the Guest to leave the Hotel immediately. If the Guest becomes ill during the period of using the Services and he/she is not able to act on his/her own behalf then the Service Provider offers medical help. In the case of the illness/death of the Guest the Service Provider may demand the reimbursement of its costs emerged with this from the relative or the heir of the ill/deceased person or the Paying Party.

The Service Provider is guarding for 3 months such movable assets which are found in the Hotel and have no owner or look like such (except for assets the status of which deteriorate within a shorter period;in such case it will be destroyed upon recognition of the deterioration). After such period the Service Provider destroys the assets found.

The Guest may not bring any type of animal into the Hotel.

Smoking is prohibited in the Hotel. The Guest shall be liable for keeping the smoking prohibition in the room occupied by the Guest. If someone smoked in the room occupied by the Guest or its signs are obvious then the Guest shall pay a penalty to the Service Provider in the amount of EUR 100.

A visitor may only be received in the hotel room after the visitor is reported to the reception of the Hotel and the Service Provider approves it but even in this case exclusively between 10 o’clock and 22 o’clock.

The Guest is liable for the supervision of the persons who are staying in the Hotel with him/her and are under 18 years.

The Guest shall behave in the Hotel in accordance with the general rules of good morals and public order. The Guest shall especially:

• use properly the installations and furniture of the Hotel and keep their status;

• abstain from such behaviour which is (or may be suitable to cause such effect) threatening, offensive, rude or upsetting towards the other Guests and the personnel of the Hotel;

• abstain from the excessive consumption of alcohol (the amount of which is dangerous for the health of the Guest, or may upset other persons);and

• abstain from the consumption of other substances with doping effect (e.g. drugs).

If the Guest breaches any of the provisions of this section on Rules of Conduct then the Service Provider is entitled to terminate the Contract with immediate effect and to oblige the Guest to leave the Hotel immediately. The Guest shall compensate the damages caused by its unlawful conduct.

The Service Provider is liable for the damages in the assets which the Guest put to the places which were designated in the Hotel or usually used for such purposes or put to his/her room, or handed over to such employee of the Service Provider who could be deemed to be authorised to take over his/her assets. The maximum amount of compensation for damages is the fiftyfold of the daily price of the room. For securities, cash and other valuable assets the Service Provider may only be liable if the Service Provider has taken over the asset for guarding or refused to take it over for guarding.

The Guest may not leave unguarded in his/her hotel room or in the other premises of the Hotel securities, cash or an asset with an individual value in excess of EUR 600.

Notwithstanding the above the Service Provider is not liable for the failure to discharge its obligation if such failure is resulting from an Event of Force Majeure.

By the conclusion of the Contract the Guest and the Paying Party consent that the Service Provider manages and/or transfers to the Spanish legal person Cadena Hotelera Zenit, S.L. for the purposes of data management and/or data processing, their personal data made available to the Service Provider. The purpose of the use of the data is the fulfilment of the obligations of the Service Provider prescribed by law, and the promotion and advertisement of the services provided by the Service Provider and its related companies (Zenit Group). Within this framework, the Provider and/or Cadena Hotelera Zenit, S.L. can transfer and put the data at the disposal of its associated companies (Zenit Group) and their agents. By the conclusion of the Contract the Guest and the Paying Party consent that the Service Provider, Cadena Hotelera Zenit, S.L. and/or their agent may send to the e-mail address given by the Guest messages regarding the Services or other messages with commercial purpose. The period of data management is not defined. The legal basis of the data management is partly obligatory under the laws on immigration and partly based on consent.

The Guest acknowledges and gives his/her consent to the Service Provider to prepare, manage and process pictures and video recordings in the common premises of the Hotel (except for premises with intimate nature). This data management serves the support of the security measures of the Hotel, it is based on consent and the period of such data management is 3 months from the preparation of the pictures. The Service Provider may hand over such data to its lessees and subcontractors in the Hotel.

The Guest and/or the Paying Party may, regarding his/her personal data and their management:

• initiate at the Service Provider their correction, deletion or blocking (save the data management obligatory by law);

• request information from the Service Provider;and

• protest or turn to court in accordance with the relevant applicable law (currently Act CXII of 2011 on Informational Self-Determination and Freedom of Information).

The applicable law concerning the Conditions and the Contract is Hungarian law. In case of contradiction between the provisions of the Conditions and the Contract, the provisions of the Contract shall prevail. The Parties submit all legal disputes in connection with the Contract to the exclusive jurisdiction of the Central District Court of Buda.

The Service Provider is entitled to amend the provisions of the Conditions any time. The so amended Conditions shall enter into effect by its publication of the website of the Hotel (www.zenithoteles.com). If the so amended Conditions contain such provisions which are more disadvantageous to the Guest as the formers then the Guest may, within 3 days from the publication of the amended Conditions, terminate the Contract in writing with immediate effec