General Terms and Conditions
Date last updated: 29-09-2017
Effective: from the last updated date until revoked and/or modified. These terms shall apply only to contracts entered after the date it becomes effective; for contracts entered earlier, the Terms and Conditions then in effect shall apply.
The Provider’s data:
- Name: HILL & Garden Szolgáltató Kft.
- Address: 2093 Budajenő, Vadvirág utca 5. Magyarország
- Jurisdiction: Budapest Környéki Törvényszék Cégbírósága
- Company registration number: 13-09-158510
- Public tax ID number: HU 12468887-2-13
- Data management registration number: NAIH-125792/2017
- Web site address: www.edenpont.com
- Customer service email address: firstname.lastname@example.org
- Name of hosting company: Tárhely.eu
- Emil address of hosting company: email@example.com
HILL & Garden Kereskedelmi és Szolgáltató Kft, the limited liability company operating under the laws of Hungary as the operator of the www.edenpont.com website, henceforth “Provider”, hereby publishes its General Terms and Conditions:
The General Contractual Terms and Conditions (henceforth “Terms”) apply to the use of the www.edenpont.com website (henceforth “Web Site”) operated by the Provider and to the services provided by the Provider (henceforth “Services”). The Provider is not a programme- or tour agency, the Site it operates is an international online marketplace, where visitors can choose among the Programmes published by the Hosts, and participate in them after applying.
The users expressly acknowledge that the organization of the Programmes and their participation in them is not part of this Service.
Anyone who uses the website – whether a browser, a User, Visitor, or Host – must agree to the full Terms. If a user does not agree with the Terms or any part of the Terms, they may not make use of the Service.
The original language of the Terms is Hungarian. Although the Provider makes the Terms available in other languages, the Provider does not guarantee that the Terms will be available in the User’s language. The User acknowledges that in case of disagreements arising from the translation, the Provider shall consider the Hungarian Terms and Conditions to apply.
The User acknowledges that the Provider is entitled to modify the Terms unilaterally. The Provider shall publish the amended Terms and Conditions on its website together with the date it comes into effect, at least eight (8) days prior to the date the modifications come into effect.
Definitions and Explanations
“Programme” means a garden tour, garden event, or green tour based on a Host’s initiative, approved by the Provider, and listed on the website. All the details of the Programmes furnished by the Host to the Provider can be seen on the Programme’s data sheet on the Web Site, including the date and time of the Programmes, their fees, any discounts that may be used, etc.
“Location” is the location of the Program, primarily but not exclusively the Host’s garden, or a public area. The details of the Location can be found on the Location data sheet, including its description, creation, main features, and the city or location where it can be found, with exception of the exact street and house number, which the Provider will only make available to Visitors who have a valid (approved) application.
A condition for listing the Programme and Location on the Web Site is a valid Agreement between the Host and the Provider (henceforth “Parties”).
“User” means a person who visits the Site. The Site is freely accessible to all Users, browsing does not require registration.
“Visitor” means a User who uses the Website and the Service and reserves a place in a Programme, regardless of whether they participate in the Programme.
“Host” means the User who, using the Web Site and the Service, usually, but not necessarily, has the idea of the Programme, initiates putting it on the Site, and holds the Programme. The Host is a natural person, often an enthusiastic gardener, whose school qualifications might be different from horticulture. The information the Host provides might differ from other professional opinions.
“Participation Fee” is the fee paid to the Host by the Visitor in exchange for participation in the Programme as specified in the Payment Terms. Visitor will only be able to participate in the programme by paying the Participation Fee, however, paying the Participation Fee does not assure automatic participation. The Participation Fee is always shown in Euros on the Programme Data Sheet, except in Hungary, where the Participation Fee is listed in Hungarian Forints, along with the taxes – primarily but not only VAT -- and all other handling and transaction fees. The Participation Fee is collected from the Visitor by the Provider, and paid to the Host after the programme has been held. The Participation Fee is by no means the same as the Service fee. The Participation Fee does not include travel expenses for the Programme!
“Service fee” is the fee which only the Host pays to the Provider for the use of the service.
“Edenpont Club” is the loyalty program run by the Provider for registered Visitors, wherein the users of the loyalty program can use pre-paid balances to receive a loyalty program bonus from the Provider.
Content of Service
Services provided by the Provider to the Host
- Assistance with uploading information about and photos of the Location and Programme to the Web Site
- Promotion of the Programme and/or the Location primarily through the general promotion of the Web Site on the Internet, at times promotion of the Programme and/or the Location through direct promotion
- receiving the Participation Fee for applying to a Programme
- sending the Host information prior to the deadline for cancelling a Programme
- if the number of users applying to a Programme does not reach the specified minimum number, cancelling the Programme and returning the fees already paid
- 1 day before the start of the Programme, sending a list of participants to the Host’s email account
- After the Programme, asking for feedback from Visitors about the event
- Before putting them on the Web Sites, moderating the feedback received from visitors
- preparing and sending an account of fees collected
- forwarding the Host’s portion of the fee, as previously jointly agreed between Host and Provider, to the Host in the method specified by the Host
The Host acknowledges that the Provider may refuse to publish the Programme on the website with or without justification.
Service provided by the Provider to Visitors
- providing the opportunity to register on the Home Page, to prepare a profile, and provide the opportunity to make purchases
- providing the possibility to pay for the Programme
- providing detailed information about the Programme to Visitors with a valid reservation, including directions to the location of the Programme
- sending a reminder to Visitors who have a valid reservation
- operating a loyalty program for registered Visitors
The Visitor agrees that the information on the Programme and Location pages are provided by the Host and that the Provider is not responsible for their accuracy.
The Host and Visitors agree and accept that holding the Programmes is not a service of the Provider, and instead belongs exclusively to the service relationship between the Visitor and the Host.
General Financial agreement between Host and Provider
The Host will pay the Provider a Service Fee in exchange for the use of the service. The Service Fee is to be paid from the Participation Fee, so if there is no Visitor, the Host is not required to pay any fee to the Provider.
The Service Fee may vary from Programme to Programme so that the size of the Service Fee, its payment schedule, and its beneficiary are recorded in the Agreement for the use of the Service, entered into between the Host and the Provider.
The currency for the Participation Fee shall in all cases be the Euro, except for Hungary, where the currency is Hungarian Forints.
The currency for payment of the Service Fee shall in all cases be the Euro, except for Hungary, where the currency of the Service Fee is Hungarian Forints.
Unless otherwise agreed in the Agreement, the Provider shall transfer to the Host their Interest after the Participation Fee paid by the Visitors, within 5 days after the holding of the Programme, by the method agreed in the Agreement.
The Provider does not accept responsibility for any bank delays that may occur during the transfer of the Participation Fee to the Host.
Host expressly acknowledges that the fee paid by the Visitor may differ from the fee indicated on the Programme data page if the Visitor has joined the Edenpont Club and made use of the discounts offered there.
The Provider declares that the Provider is not responsible for the payment of taxes resulting from the Participation Fees received by the Host or for the currency exchange or other bank fees arising from the transfer of Participation Fees.
Fee paid by Visitors
Visitors agree that the Participation Fee paid for the Programme is part of the agreement with the Host, and is not the payment for use of the services provided by the Provider. The collection of the Participation Fee and its transfer to the Host is part of the service the Provider provides to the Host.
Setting the Participation Fee is the responsibility of the Host. The Provider reserves the right to modify the Participation Fee at any time in cooperation with the Host. This right to change the price may not be applied to purchases for programs already begun or which were already held.
Visitor pays the Participation Fee to the Provider’s account prior to the visit via online bank card, bank transfer, or using the Visitor’s valid Edenpont Club balance. There is no option to pay the Participation Fee at the site of the Programme.
Payment of the participation fee does not automatically make Visitors eligible to participate in the Programme. In the case of a bank transfer, it is possible that by the time the transfers received by the Provider, the Program will be full. In this case, the Provider will firstly credit the Visitors Edenpont Club balance, or, at the Visitor’s express request, refund the total amount within 14 days.
Provider will provide a receipt to the Visitor acknowledgement receipt of payment of the Participation Fee, or, in the account of a Registered Visitor having an account, the Visitor can view payments in the “My Reservations” section under “Current Reservations.
Visitors acknowledge that they may request a receipt suitable for tax purposes from the Host during the visit.
In case of payment with credit card by clicking the Redirect button the Customer accepts [Company] ([Company Address]) at [Website] to provide the following personal data stored in its user database to OTP Mobile Ltd. (1093 Budapest, Közraktár utca 30-32.): family name, given name, country, phone number, e-mail address.
The purpose of data transmission: customer support for users, confirming transactions and fraud-monitoring for users defence.
Cancellation and Withdrawal
Visitor’s refund rights
For 5 calendar days following payment of the Participation Fee, the Visitor may choose to withdraw from participation without justification, and request the reimbursement of the Participation Fee. After deducting the transaction costs and handling costs, the Provider will refund the Participation Fee within 14 calendar days of acceptance of the request or, if the Visitor made the purchase using their Edenpont Club balance, the entire amount will be credited back to the Visitor’s balance.
14 days of making payment for the Edenpont Club, if the Visitor did not make use of the points, they may request repayment of the amount without justification. The Provider will refund the Participation Fee to the Visitor’s account within 14 days of the acceptance of the request.
Host’s cancellation and refund rights
The Hosts may, following the publication of the Programme on the Web Site, while there are no Visitors with a valid reservation, without justification or consequence request the cancellation of the publication.
A Host has the right to cancel in case of war, revolution, terrorist act, strike, accident, fire, blockade, flood, natural disaster, serious energy problem, or other unforeseeable and unavoidable obstacles arise which is outside of the Host’s ability to resolve. In this case, the Host is not liable for damages arising from failure to hold the Programme.
If Visitors have a valid reservation for a Programme, the Host may not cancel it, except in the above cases, or if the number of Visitors does not reach the minimum amount set in the Agreement. In the event the Host is unable to personally hold the Programme, the Host must provide a substitute to hold it, and inform the Provider. If the Host is unable to hold the Programme at all, the Provider may ask the Host to pay compensation for the damages that are incurred.
The Visitors expressly agree that if the number of people applying for a Programme does not meet the minimum listed on the Programme data page, then the Host can request that the Provider cancel the Programme, and the Host will delete the Programme from the Web Site, and reimburse the Visitors with the entire Participation Fee in case of payment via card, and in case of use of Edenpont Club purchases, to reimburse the balance of the Visitors. The Visitors acknowledge that they do not have the possibility for any further compensation.
Withdrawal by Provider
The Provider may withdraw the publication of the Programme Provider, and remove the Programme from the Web Site, if the Host publishes the same or largely similar program, such as at the same location, at a different time, and publishes this through other media (their own website or another online marketplace), or recruits visitors while circumventing the Provider.
The Host is responsible for not violating any third party’s property, copyright, or personal rights.
The Host is responsible for ensuring that the Location is open to Visitors on the day of the Programme. If the Location is not owned by the Host, the Host is responsible for arranging the Programme with the owner in advance, to secure the owner’s agreement, and to provide access.
If the Programme is subject to regulations in its respective country, the Host is responsible for obtaining the necessary permissions for the Programme, for their validity, and for the lawfulness of the Programme.
The Host is responsible for compliance with the taxation and the receipt requirements of the country of residence. The Host acknowledges that the Provider will not perform taxation related services or make payments, or give receipts, arising from the Participation Fees (in particular any invoicing requirements), unless this required by the laws of the Provider’s home country.
The Host acknowledges that the Provider does not verify in advance the correctness of the information provided by the Host.
In the event of a violation of any of the above terms, the Provider may refuse to publish the Programme and the Location, or withdraw it from the Web Site following publication, and may ask the Host for damages.
The Visitor expressly acknowledges that the Host – although the Host will do everything possible to ensure that the plants and paths of the Sites are in appropriate condition at the time of the Programme – is not responsible for aesthetic deficiencies due to weather, plant diseases, or aesthetic deficiencies caused by other reasons.
Visitors may only participate in the Programme after making valid payment as confirmed by the Provider.
Visitors must learn about the details of the site before the visit, as well as its accessibility and the services provided by the Host.
Visitor is responsible for caring for the Location, as well as following any rules which the Host has set, and is responsible for any damages they cause during the Programme.
Visitor is responsible for following Visitor Etiquette.
Visitors participate in the Programme at their own risk.
Following payment of the Participation Fee, the Visitor is obliged to treat the personal data they receive about the Programme and the Host in confidence (the exact address of the Programme, telephone contact of the Host), and not to share them with any third party except for other Visitors in the same Programme.
Provider’s responsibilities and disclaimer
Provider is not responsible for the accuracy of the data provided by the Host. There Provider will do everything possible to ensure that the most accurate information appears on the Home Page, however, the Provider will not be responsible for any errors in showing the data or translation errors. The Provider is responsible only for damages from intentional or gross negligence. The maximum extent of its liability is the value of the purchase transaction.
Provider is not responsible for the content of the feedback provided by Visitors on the site, although the Provider will do everything the Provider is able to remove any offensive or vulgar feedback from the Site as soon as possible after the Provider becomes aware of them.
Provider is responsible for registering the Users through the Web Site, and for securely storing and handling the information provided during the registration and/or purchase, as published by the Provider in the Privacy Statement.
The User acknowledges, that due to the nature of the Internet, the continued operation of the Web Site may be interrupted without the Provider’s prior knowledge or intent. For this reason, the Provider does not guarantee the availability of the Service and Home Page without error, or that access to Web Site will be assured and free of errors.
The provider is entitled to terminate the Service and the Web Site in part or in whole without any prior notice or justification, for reasons of maintenance, security or any other reason.
The Provider disclaims liability for any damages caused by a User, the Host, or any third party related to the Programme.
Copyright on the contents of the Web Site
The information, photos, descriptions, and other documents available on the Web Site are under copyright, owned by the Provider or the respective copyright holder. The information and other material available on the Website may not be used, duplicated, distributed or published by any third party for any other purpose than the purpose of the Site without the express prior written consent of the Provider or the copyright owner, except through the social media sharing options provided by the Provider.
The Provider will acquire unlimited and exclusive rights to use the User's comments (e.g. chat, blog), comments, uploaded photos, suggestions and ideas, though this does not mean that any entry, comment, etc. reflect the views of the Provider. Provider shall have the right to utilize, use, transmit, post, delete or publish the User's comments without limitation without the Customer being required to provide any remedy in any way.
The service provided by the Provider is not subject to any warranty or guarantee.
The User may send any complaints regarding the Service to the Provider’s email address. The Provider will respond in writing within 30 days at the address provided by the User. If the Provider rejects the complaint, the Provider must give the reason.
For Users having a residence in the European Union, if they have a cross-border legal dispute, they may make use of the online dispute resolution platform for Internet purchases. The online dispute resolution platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
Provider acknowledges that the jurisdiction of disputes is the court of the country of operation.
For matters not covered by the Terms, the Hungarian law for the location of its operations will prevail.
Visitor expressly acknowledges that picture or video recordings may be made during the Programmes, on which the Visitor may be recorded. By accepting the terms, the Visitor agrees that the Provider may publish their photos or videos on its Web Page or on social media pages, the Visitor may not make any associated claims against the Provider or the Host.
The Visitor acknowledges that the Programme will be held under any weather condition unless it would endanger human life. If any war, revolution, terrorist act, strike, accident, fire, blockade, flood, natural disaster, serious energy problem, or other unforeseeable and unavoidable obstacles arise which is outside of the Provider’s or Visitor’s ability to resolve and prevents them from meeting any contractual obligation, then they are not responsible for any loss or damage arising from this event.