General terms and conditions
These general terms and conditions (hereinafter: “GTC”) are the general terms and conditions of the services provided by the Safe Space Kft. service provider (hereinafter: „Service provider”) in the premises thereof.
The user of the services provided by the Service provider (hereinafter: “User”) explicitly accepts the provisions of these GTC upon the use of such services.
These GTC are constantly available at the following website: https://airspace.travel/
1. Data of the Service provider and the hosting provider:
- Name of the Service provider: Safe Space Korlátolt Felelősségű Társaság
- Seat of the Service provider: 1083 Budapest, Práter utca 6-8., C002.
- Branch of the Service provider: 1061 Budapest, Paulay Ede utca 3.
- Telephone number of the Service provider: 0036307298250
- E-mail address of the Service provider: firstname.lastname@example.org
- Company registration number of the Service provider: 0109303171
- Tax number of the Service provider: 26124164-2-42
- Place of business of the Service provider: 1061 Budapest, Paulay Ede utca 3.
- Data of the hosting provider of the Service provider:
Name: Amazon Web Services
Seat: P.O. Box 81226, Seattle, WA98108-1226
Branch: 410 Terry Avenue North, Seattle, WA 98109-5210, USA
Telephone number: (206) 266-4064
E-mail address: email@example.com
2. About the services provided by the Service provider
The Service provider provides individually lockable Lockers (hereinafter: Locker) and certain comfort services (hereinafter: Lounge) to the Users at the aforementioned paces of business.
The employees of the Service provider are present at the places of business between 08:00 and 20:00.
2.1. Individually lockable Lockers:
2.1.1. About the service
The User may request access to two different sized Lockers accessible with individual identification codes for a predetermined period of time. With the individual identification code the User gains exclusive right to use the Locker chosen in the reservation for the time period determined therein in accordance with the provisions of these GTC.
In case the contract is concluded between the Service provider and the User, with individual identification code the User is provided with the exclusive right to access the Locker chosen in the reservation for the time period determined therein.
The User acknowledges that after the Locker was locked, it may only be opened once with the individual identification code. In case the Locker was opened, it may not be closed again with the previous individual identification code, even if the time period reserved by the User did not elapse.
In cases of exceptional circumstances at their own discretion employees of the Service provider may open the Lockers in a way that it can be closed again with the same individual identification code upon such request of the User.
The sizes of the Lockers are the following:
- “Size M” (50x50x30 cm)
- “Size L” (80x60x30 cm)
The User may reserve individual access to the Lockers only on the downloadable mobile application of the Service provider (hereinafter: Application) or at the places of business of the Service provider for the time period available on the Application. The prices of the services are the follows (the prices are gross prices inclusive of VAT):
|M-size||EUR 6||EUR 7||EUR 8||EUR 12||EUR 24|
|L-size||EUR 15||EUR 17||EUR 19||EUR 30||EUR 40|
The paid (agreed) time period cannot be latter modified, the User cannot prolong or shorten the time period.
The Locker may be opened prior the end of the time period (in line with the information given above if the Locker was once opened it cannot be closed again with the same individual identification code), but in this case the contract shall be deemed as completed, therefore the User may not request the time proportionate or any other compensation for the fees paid.
The Users may only place packages in the Lockers that may be lawfully possessed, and the possession do not conflict with hygiene, food or any other professional regulations, which do not conflict with the requirements of the reasonable human coexistence, which may be lawfully placed in the Lockers (for example it is prohibited to place live animals in the Lockers), and which no not violate the life, health integrity and wellbeing other people or the security and safety of other properties.
In case of suspicion the Service provider may inspect the packages intended to be placed in the Lockers, may prohibit the placement of the packages in the Lockers, and may open the closed Lockers in order to investigate them.
2.1.2. The reservation of the service
The service can be reserved and paid by the following means:
- on the Terminal placed at the place of business of the Service provider for the purposes of reservation (hereinafter: Terminal)
- through the Application.
22.214.171.124. Reservation of the services upon the payment at the places of business of the Service provider
The User may reserve the service at the places of business of the Service provider through the Terminal (with the same conditions as the Application).
Payment can only be done by credit card at the places of business of the Service provider, cash is not accepted. In this case the individual identification code is given on the receipt of payment.
Personal data and registration in not needed for the reservation through the Terminal.
126.96.36.199. Reservation of the services upon the payment through the Application
The services may be reserved on the Application after the registration of the User.
The User may proceed with the reservation following the acceptance of the Data Protection Policy of the Service provider.
Following the acceptance of the Data Protection Policy of the Service provider the User may proceed with the registration on the Application by providing the following data:
- Full name [as in the passport]
- E-mail address
In case of a VAT invoice request:
- Billing name
- Billing address
- Tax number (tax identification number)
The VAT invoice request may be submitted by sending an e-mail to the firstname.lastname@example.org e-mail address.
Throughout the registration the User must give his/her own, real data. The electronically concluded agreement is null and void in case it contains false data or data of other persons.
The Service provider does not verify the data provided therefore the User is fully liable for the compliance of the data given. The User accepts full liability for the exclusive use of the services through the e-mail address given. The User is solely liable for any logins through the e-mail address given, the liability of the Service provider is excluded in case the services are used in the name of or with the data of any third persons.
The Service provider is not liable for the damages therefrom if the User forgets the password or if the password becomes available to any unauthorized persons for any reasons not attributable to the Service provider.
Upon the provision of the personal data required by the Service provider the User explicitly agrees to the processing thereof. The data shall be processed in accordance with the provisions of Act CXII of 2011 on the Right of informational self-determination and on freedom of information (“Information Act”) and the Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter: “GDPR”).
Throughout the registration the User shall create a password to his/her private user account. This password shall be kept as secret and shall not be disclosed to any third persons. The User is solely liable for the transactions on his/her private account. The User shall immediately notify the Service provider in case he/she has the suspicion that the private password has been accessed or abused by any third persons. If the Users suspicion is reasonable, the Service provider may block the account of the User and request the User to change the password. The Service provider is not liable for any damages arising from the disclosure of the password or any other abuse thereof by the User or any third parties.
The User is liable for all the damages arising from the provision of false or incorrect data.
The service may be reserved following the aforementioned registration.
The Service provider forthwith finalizes the reservation in accordance with the reservation details given by the User, and also informs the User about these GTC and the Data Protection Policy which shall be both accepted in order to finalize the reservation. The Service provider is entitled to refuse the obviously incomplete or incorrect reservations, and in case of a doubt, the Service provider is entitled to verify the authenticity of the data.
Following the registry of the reservation data the Application will forward the User to an external bank website, where the User can pay the fees of the chosen service by giving the credit card details. The service contract is concluded upon the payment of the service fee.
Regardless of the confirmation e-mail the User is entitled to check the validity of the reservation anytime on the Application.
The User must notify the Service provider with no delay about the changes of the User data provided with the Service provider via e-mail which shall be sent to the e-mail address of the Service provider determined in section 1. The User is solely liable for any damages arising from the non-compliance of this obligation.
Apart from the active reservation periods the User may request the deletion of the User account anytime via e-mail which shall be sent to the e-mail address of the Service provider determined in section 1.
In case of a payment on the Application the User will receive the individual identification code for the use of the Locker to the e-mail address given at the registration on the Application.
The User may at any phase of the registration return to the previous phase before the completion of the reservation process in order to correct the data given.
2.1.3 User delay
For delays exceeding 15 minutes in case of 2 and 4 hour reservations, or for delays exceeding 30 minutes in case of 6, 8, 12 and 24 hour reservations (grace period) the Customer is obliged to pay surcharge after every minute of the delay. The surcharge is due from the maturity of the original reservation and shall be paid by credit card at the places of business of the Service provider.
The surcharge is calculated as the follows.
The time period between the original maturity of the service and the time when the Locker was emptied by the User multiplied by the double of the highest hourly rate of the given Locker. For the purposes of the surcharge calculation the grace period shall be deemed as delay. Every commenced hour of delay shall be deemed as full hour.
Once the grace term elapsed the Locker can only be opened after the payment of the surcharge.
In the event of the User’s delay if the Locker has not been opened, the Service provider opens the Locker and removes the packages therefrom at 10:00 on the day following the commencement of the delay, but latest within 48 hours from the commencement of the delay. The removed packages of the Locker shall be placed in a separate room. The Service provider explicitly excludes its liability for any loss or damage of the removed packages other than the liability for premeditated non-performance of an obligation resulting in loss of life, or harm to physical integrity or health.
In case of the delay the User explicitly accepts the risks arising from the placement of the packages in a separate room, furthermore explicitly accepts that in case of a delay the Service provider will remove the packages and place them in a separate room.
The daily fee of the storage in a separate room is 3 EUR per day (inclusive of VAT). The removed package can be taken after paying the daily fees.
Following three months of storage the Service provider handles the package as waste.
2.1.4. Liability of the Service provider
The Service provider ensures the use of the Lockers to the User by providing an individual identification code, therefore the Service provider excludes its liability for the packages placed in the Lockers other than the liability for premeditated non-performance of an obligation resulting in loss of life, or harm to physical integrity or health.
The Service provider does not at any circumstances take care of or treats the items placed in the Lockers.
2.2. Comfort services (Lounge)
The Service provider provides certain comfort services to the User at the places of business. The comfort services are provided in a separate room (Lounge) which can be accessed by purchasing the daily ticket.
At the places of business of the Service provider the fees of the comfort services can be only paid by credit card.
The comfort services can be used on the day determined by the User during the operating hours following the payment of the service fees (bathroom, toilet, shower, internet, water, coffee, tea etc.).
The fees of the comfort services shall be published on the website of the Service provider.
The comfort services may be used independently from the services of section 2.1. The packages of the user of the comfort services may only be stored at the Lounge as long as the User is also in the Lounge. When the User – either temporarily or finally – exits the Lounge, the packages must also be taken from the Lounge.
3. Electronical surveillance system
The Service provider installed electronical surveillance system at the places of business in order to inspect the safety and security of the places of business.
The recording, management and storage of the audio and visual images shall be governed by the provisions of Act CXXXIII of 2005 on Security Services and the Activities of Private Investigators (“Security Services Act”), the Information Act and the GDPR.
The operation of the electronical surveillance system is performed upon the explicit consent in line with section 30 § (2) of the Security Services Act as the follows in order to protect human life, health integrity, the properties, to prevent, recognize crimes, identify the perpetrator and to prove the infringements.
Apart from the above the Service provider installs thermographic cameras solely for statistical purposes in the places of business.
The Service provider calls the attention of the User to the electronical surveillance system both in this GTC and at warnings at the entrance of the places of business.
Any entry to the places of business, and conclusion of contract after these warnings shall be deemed as explicit consent to the recording and the management of the data.
4. Complaints handling, conciliation bodies
In the event of a complaint concerning contract concluded with the Service provider or the completion, the complaint can be sent both vie e-mail to the e-mail address of the service provider, or via post to the seat of the Service provider (1083 Budapest, Práter utca 6-8., C002.).
The Service provider investigates and sends the result of the investigation to the User the same way the complaint was sent within 30 days of the receipt of the complaint. If the complaint was refused, the Service provider informs the User about the possible remedies.
Oral complaint can be communicated if the employees of the Service provider are present at the places of business.
Oral complaints will be investigated immediately and remedied if necessary. In case the User does not agree with the complaint management, or the immediate investigation of the complaint is not necessary, the Service provider shall forthwith record the complaint and the Service provider’s opinion relating to the complaint in minutes and the copy of the minutes shall be
a) given to the User in case of a personally communicated complaint,
b) sent to the User latest attached to the response to the complaint in case it was communicated
Complaints communicated on the phone or by any other electronical measures shall be given an individual identification number by the Service provider.
The minutes relating to the complaints recorded by the Service provider shall contain:
a) name and address of the user,
b) the place, time and manner of submitting the complaint,
c) detailed description of the User’s complaint, list of documents and other evidence presented by the User,
d) a statement from the business on its position concerning the User’s complaint if it is possible to investigate the complaint immediately,
e) signatures of the person recording the minutes and of the User, except for oral complaints communicated by phone or other electronic communications services,
f) place and time of recording the minutes,
g) individual identification number of the complaint.
The Service provider shall respond to the written complaint to the merits in writing within 30 days of the receipt thereof unless otherwise provided by the directly applicable laws of the European Union. The Service provider shall state its reasons for refusing the complaint.
The Service provider must safeguard the minutes recorded of the complaint and a copy of the answer for 5 years.
If the complaint was refused, the Service provider informs the User in writing about the proceedings available at the authorities or conciliation bodies based on the nature of the complaint.
In case of a dispute on the quality, safety, application of product liability rules, the quality of service, and the conclusion and performance of the contract between the parties (consumer dispute) the User is entitled to initiate the proceedings of the county (metropolitan) chambers of commerce and industry in order to avoid the litigation.
The contact details of the conciliation body competent based on the seat of the Service provider:
Name: Budapesti Békéltető Testület
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Postal address: 1253 Budapest, Pf.: 10.
Telephone: (1) 488-2131
Fax: (1) 488-2186
E-mail address: email@example.com;
And the online dispute resolution platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
Consumer of this section shall be a natural person acting for the purposes other than its profession or business activities who buys, orders, receives, uses services or products, or who is the addressee of the advertisement, trade communication relating to such products or services. Concerning the rules of the conciliation body – other than the REGULATION (EU) No 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC – consumer shall be furthermore the civil society, clerical legal person, condominium, housing co-operative, micro, small and medium-sized enterprise acting for the purposes other than its profession or business activities who buys, orders, receives, uses services or products, or who is the addressee of the advertisement, trade communication relating to such products or services.
As the contract concluded with the consumer User of section subsection 3. section 8:1 (1) § of Act V of 2013 on the Hungarian Civil Code on the Application shall be deemed as distance contract in accordance with the Government Decree no. 45/2014. (II.26.) on the detailed rules of the contracts between consumer and trader (hereinafter: Government decree), the User is entitled to withdrawal from or terminate the contract without giving reason as the follows.
5.1. The right of withdrawal/termination
You have the right to withdraw from this agreement within 14 days without giving any reason. The 14 days elapse within 14 days of the conclusion of the contract if the subject of the contract was the provision of any services.
If you want to exercise your right of withdrawal/termination, you shall send the clear notice of withdrawal/termination by post or e-mail to the following address: 1082 Budapest, Práter utca 6-8., C002. or firstname.lastname@example.org. You may use the withdrawal/termination sample attached for the purposes of the withdrawal/termination.
You may also fill out the withdrawal/termination sample on our website [http://airspace.travel] or may submit the other clear notice of withdrawal/termination. If you decide to proceed in this manner, the Service provider will immediately confirm the receipt of the withdrawal/termination on durable medium (for example electronical letter).
You exercise the right of withdrawal/termination in time if you send the notice of withdrawal/termination before the aforementioned deadline.
5.2. Legal effects of the right of withdrawal/termination
If you withdraw from the contract, we will refund all amounts paid by you within 14 days of receiving your statement on withdrawal. The method of refunding shall be the same as the method of payment used in the original transaction unless you specifically consent to using any other method of payment; you will have to bear no extra cost pursuant to such other method of payment.
If you asked for the completion of the service within the termination period, you shall pay the proportionate fees of the services provided until the time of termination if you terminated the contract. Accordingly we shall repay the fees you paid for the services in excess of the services we provided.
5.3. Withdrawal/Termination sample
To: Safe Space Kft.
I/we the undersigned hereby declare that I/we exercise my/our right to withdraw from/terminate the contract for the sale of the following product/s or provision of the following service/s:
Date of contracting:
Name(s) of consumer(s):
Address(es) of consumer(s):
Signature(s) of consumer(s): (only for forms submitted in hard copy)
Date and place
5.4. Exclusions from the right of withdrawal/termination
Based on the nature of the agreement concluded between the Service provider and the User subsection a) of section 29. § (1) shall apply from the exclusions set forth in the Government decree – the User cannot exercise the right of withdrawal/termination following the completion of the services, if the Service provider commenced the completion upon the prior explicit consent of the User, and the User acknowledged that the right of termination cannot be exercised following the completion of the services.
The services are completed:
- (i) concerning services of section 2.1. if the User opens the Locker after it was locked, or if the Locker was opened and the packages were removed by the Service provider due to the delay of the User
- (ii) concerning services of section 2.2. if the opening hours of the calendar day for the purposes of the services elapsed.
In accordance with the above and prior the conclusion of the contract the Service provider hereby explicitly informs the User that in case the contract was concluded on the Application,
- the performance of the services can be commenced within the 14 calendar day withdrawal/termination deadline of the conclusion of the contract only upon the explicit consent of the User
- following the completion of the services within 14 days of the conclusion of the contract the User cannot exercise the right of withdrawal/termination.
If the completion of the contract commences within 14 days of the conclusion thereof and the User exercises the right of termination without giving reason, the User shall pay the proportionate fees of the services provided by the Service provider until the time of receipt of termination in accordance with the provisions of the Government decree. The proportionate fees to be paid by the User shall be determined based on the total fee of the contract including taxes.
6. Liability for defects, product warranty and guarantee
1. Liability for defects
Which are the cases in which we shall be held liable for defects?
In case of defective performance by the Service Provider, the customer may assert liability claims according to the provisions of the Hungarian Civil Code.
What rights can you enforce based on our liability for defects?
You are entitled for all the liability rights of the Hungarian Civil Code that the nature of the service does not exclude and does not does not entail a disproportionate surplus load for the Service provider.
Who to enforce your claim against?
You may enforce your liability claims against the Service provider.
What other conditions are there for enforcing such claims?
Other than giving notice of the defect, there are no other conditions for making claims for liability for defects within six months of delivery, provided you confirm that the product or service in question was delivered by the Service provider. On the other hand, after six months from delivery, it will be up to you to prove that the defect detected by you already existed at the time of delivery.
2. Product warranty and guarantee
Due to the nature of the contracts, you are not entitled for product warranty and guarantee (the Service provider does not sell products).
7. Code of Conduct
The Service Provider is not subject to a Code of Conduct.
The contract concluded between the Service provider and the User shall be governed by the Hungarian law, therefore the questions unregulated by these GTC and their interpretation shall be governed by the provisions of Act V of 2013 (Hungarian Civil Code), Act CVIII of 2001 on Electronic commerce, and the Government decree. The mandatory provisions of the applicable law shall apply without their incorporation.
In case any provision of these GTC becomes invalid, unlawful or unenforceable, this does not affect the validity of the other provisions.
If the Service provider does not exercise any right under these GTC, the failure to exercise the right shall not be considered a waiver thereof. Any waiver of right applies only in the case of an express written declaration. The fact that the Service provider does not strictly adhere to the fulfilment of any of the substantive terms and conditions of these GTC does not mean that it will waive its right to strictly adhere to the proper fulfilment of the given condition or clause. The Service provider and the User attempt to settle their disputes in amicable means.
The Service provider reserves the right to unilaterally modify any provision of these GTC anytime upon the prior and full disclosure to the User. The User accepts the amended and disclosed GTC upon the first reservation following the date of entry into force of the GTC. The individual contract may be concluded in English or Hungarian language.