General Terms of Contract
I. General provisions
Name of service provider: Ostermann Forma 1 Kft.
Registered office and postal address: 1052 Budapest, Deák Ferenc utca 3-5., Hungary; Váci 1 Office Building
Registration authority: Metropolitan Court of Budapest as Court of Registration
Company register No: Cg. 01-09-460603
Tax No: 12045785-2-41
Telephone customer service: +36 (1) 266-2040
Opening hours: on working days from Monday to Thursday: 8.00 a.m. to 4.00 p.m., Friday: 8.00 a.m. to 2.00 p.m.
1. These General Terms and Conditions (the ‘GTC’) set out the provisions of the contract(s) for the sale of tickets (the ‘Ticket(s)’) through the Internet website http://www.gpticketshop.hu between the Service Provider and natural persons and legal entities (the ‘Customer’) as well as the rights the Service Provider and the Customer are entitled to and the obligations binding them. Furthermore, these General Terms and Conditions shall also apply to sales contracts concluded with the Customers’ personal presence at the registered office of the Service Provider and at the Event venues.
2. The Service Provider operates an online Internet webshop available at www.gpticketshop.hu (the ‘Webshop’), aimed primarily at selling Tickets for various sporting events (the ‘Event’) online. The Service Provider shall ensure the availability of Tickets for Events to be held in Hungary, listed on the ‘Events’ page of the Webshop (the ‘Service’), for purchase by the Customers. For Events to be held outside the territory of Hungary, listed on the ‘Events’ page of the Webshop, the Webshop shall redirect the Customer to the www.gpticketshop.hu website operated by a legal entity separate from the Service Provider. This service provider’s own business rules shall apply to the Tickets purchased there.
3. The material features of the Service, i.e. the Tickets, can be found on the information sheet of the Event in the Webshop. The information sheet contains all information on the Tickets currently available, their features and gross prices. The Service Provider’s Website allows the Customer to view all information without registration and to also make the purchase without registration.
The name of the Event organizer is stated on the Ticket. The conditions for visiting and participating in the Formula 1 Hungarian Grand Prix event organized by Hungaroring Sport Zrt. as Event Organizer (promoter) and Events to be held on the premises of Hungaroring can be found under the ‘Conditions of visit’ menu item of the Webshop. In order to become familiar with the conditions of visit related to other Events, the Customer can find information on the website of the Event Organizer stated on the Ticket.
5. The contract entered into shall be considered a written contract: the conclusion and content of the contract are proven by the purchase data provided by the Customer and electronically saved, which shall be preserved by the Service Provider for the period specified in the accounting and taxation legislation. The data entered by the Customer, the data stored about the product in the system of the Service Provider, the other details of the transaction (e.g. bank confirmation), the wording of the GTC and the Purchasing Guide shall together constitute the written contract.
6. The Contract may be concluded in English or Hungarian. The Parties establish that in the case of any discrepancy, the Hungarian version shall prevail.
7. The Service Provider informs the Customer and the Customer expressly acknowledges that the Service Provider is entitled to unilaterally amend the GTC. If the GTC is amended, the Service Provider shall notify the Customer by publishing the changes on the www.gpticketshop.hu website.
II. Customer’s details
1. The Service Provider reserves the right to cancel the order placed by the Customer in justified cases, in particular, but not exclusively, if false or incomplete information is provided or in the event of any misuse or unlawful use of the Webshop or the Tickets.
2. The Customer declares that their data have been entered in the Webshop in accordance with the truth.. The Service Provider disclaims any liability for damage arising from any incorrect, erroneous or false information or email address provided during the purchase. The Service Provider shall be responsible for performance and making out an invoice in accordance with the data provided by the Customer. Before finalizing the order, the Customer may check and modify their data. The Order is finalized by pressing the ‘Order’ button. In case of doubt, the Service Provider is entitled to verify the authenticity of the Customer or may contact the Customer in order to check the data (if valid contact details have been provided).
3. The Service Provider shall process the Customer’s data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) and Act CXII of 2011 on the right of self-determination regarding information and the freedom of information and in compliance with the data protection regulations. The detailed rules for data protection, including the legal basis and purpose for which their data are processed, are contained in the ‘Data Processing Policy’, which is available from the purchase interface as well as under the ‘Information’ tab on the website.
4. When placing an order, the Customer shall enter the details required for making the purchase on the page that appears after the Tickets to be purchased are put into the ‘Shopping cart’ and the ‘Order’ button is pressed. If the data need to be corrected or modified, the Customer may do so without restrictions until the order is finalized, i.e. until they did not click on the ‘Order’ button. The payment is then made on the interface of the payment service provider, depending on the payment method chosen, and the Service Provider does not get to know and store the data provided here.
5. The Service Provider shall exercise the greatest care that may be expected with regard to the processing and storage of personal data. However, the Service Provider shall not be liable for any damage caused by attacks that may occur despite the greatest care that may be expected.
III. Ticket purchase process
1. The detailed rules for the Ticket purchase process are contained in the Purchasing Guide of the Service Provider.
2. On the Webshop page, the Customer has the option to add products (i.e. a Ticket) to the contents of the shopping cart, to modify or delete the contents of the shopping cart, or to select new products. The Service Provider draws the attention of the Customers to the fact that Child (Junior) Tickets can only be purchased in a limited number (one adult / one child) and that a Child Ticket cannot be purchased on its own, without purchasing a full-price Ticket.
Adding a Ticket to the shopping cart does not oblige the Customer to make a purchase. If the Customer does not wish to buy the selected Ticket, it can be removed from the cart at any time, or even the contents of the whole cart can be deleted, and the shopping cart time expires after a certain period of time. The Service Provider establishes that putting a Ticket in the shopping cart does not imply the booking of the Ticket. There is no unpaid booking within the Service.
3. The Service Provider informs the Customer that by clicking on the ‘Order’ button, the Customer makes a declaration on the conclusion of the contract, which implies a payment obligation to be fulfilled for the Service Provider.
4. In accordance with the provisions of the law, the Service Provider shall confirm the order of the Customer within 48 hours. The Service Provider shall send the automatic email confirming the purchase to the email address provided by the Customer. The Customer shall be liable for any damage arising from providing an incorrect email address.
In the case of bank card payment, the confirmation shall also be a confirmation of a successful payment, while if the bank transfer payment method is selected, the confirmation contains the data required for transfer.
5. Any document sent by the Service Provider by email (e.g. confirmation, invoice image, Ticket, voucher, etc.) shall be considered to have been delivered if it has become known to the Customer.
IV. Purchase price and terms of payment and delivery
1. The detailed rules for paying the purchase price, the payment methods and the receipt of the Tickets are contained in the Purchasing Guide of the Service Provider.
2. The currency of the purchase price is included in the ‘Shopping cart page’ of the Webshop and, in the case of bank transfer payment, in the confirmation email. The Customer shall pay the purchase price in the specified currency. The Service Provider disclaims any liability for additional costs arising from bank accounts of other currencies or from payment in a different currency, as well as from the loss of time.
3. The amount of the consideration for the service under the contract is included on the ‘shopping cart’ page of the Webshop. The prices quoted include the total amount of the consideration plus increased by tax in Hungarian forints or in euros, i.e. they are gross prices inclusive of VAT. Selected shipping and payment methods (e.g. courier service) may incur additional costs.
4. In addition to bank card payment, the Service Provider also accepts a bank transfer payment method, which is described in detail in the Purchasing Guide of the Service Provider.
In the case of a bank transfer payment method, the Customer shall pay the full price of the Ticket(s) to the bank account number of the Service Provider specified in the confirmation within 3 days after receipt of the confirmation containing the information required for the bank transfer in their email account. If the purchase price is not credited to the bank account of the Service Provider within 3 days, the Contract shall automatically terminate on the 4th day.
5. The Service Provider does not apply an indefinite-term or flat-rate contract. The amount of the consideration includes all costs relating to the given purchase, except the cost of delivery by courier service.
As a consideration for the internet, mobile or other electronic connection of the device for making the purchase (mobile phone, telephone, computer with Internet connection, tablet, etc.), possibly a special payment method (e.g. payment with a mobile phone), the Customer’s telecommunication service provider may charge a fee under their individual subscription or other contract. However, the Service Provider does not apply any premium rate service itself.
6. The Service Provider shall not be liable for any errors arising during payment through a bank.
7. The Service Provider shall send the invoice image regarding the payment of the purchase price in PDF format to the Customer by email.
8. The Service Provider expressly establishes that it is obliged to hand over the Ticket(s) only if the full purchase price is credited to the bank account of the Service Provider. If the selected Ticket type is sold out between placing the Order in the Webshop and the time of crediting the purchase price to the bank account of the Service Provider, the Service Provider shall be entitled to cancel the purchase, in which case no additional liability shall be borne by it except for refunding the amount of the purchase price to the Customer.
The Service Provider informs the Customers about the Ticket types with only a few available pieces in the Webshop with the note ‘Last tickets’, therefore, the Service Provider draws the attention of the Customer to the fact that there is an increased chance in the case of this type that the Tickets may run out before payment.
9. If the Customer buys a Ticket through the system of the Service Provider, after the payment has been successfully completed, the Customer will receive the Tickets ordered as soon as possible, but not always immediately even in the case of a print@home ticket, as follows:
- Electronic Tickets (print@home) are delivered to the email account provided by the Customer; however, it is possible to receive them in person also in this case.
In case of delivery by courier service, the Customer shall pay attention to the expected delivery period, which is minimum 3 working days from the date of receipt of the purchase price to the account of the Service Provider, and the date of the Event. If the Ticket does not arrive by the date of the Event due to non-observance of the provisions of this section, the Service Provider shall exclude any liability for the resulting damages.
- Delivery by courier service: The amount of the delivery fee shall be paid in cash directly to the courier upon delivery. The shipping cost is not added to the Ticket price when Tickets are ordered in the Webshop. The Customer can find information in advance about the domestic courier service fee on the http://pannonxp.hu/aszf website. However, the Service Provider reserves the right to use another courier service for delivery, in which case the then-current schedule of rates of the courier service used shall apply. In case of delivery abroad, the Service Provider shall make out a separate invoice for the courier service fee; delivery may take place after payment of such invoice. Detailed rules for delivery by courier are included in the Purchasing Guide.
- Personal receipt: It takes place at the registered office of the Service Provider or at the Event venue in accordance with the Purchasing Guide.
V. Ticket types; special rules for self-printed Tickets (print@home)
1. Ticket types
(a) paper-based Ticket. This Ticket type can be picked up in person in the registered office of the Service Provider, or will be delivered by courier service upon request indicated during purchase. The serial number and QR code on the Ticket contain all the necessary information for access control. The QR code will be checked electronically on entry to the Event venue.
(b) print@home Ticket. After the purchase, the Service Provider shall send an email to the email address provided by the Customer, which contains the print@home Ticket as an attached document. This is a full-fledged electronic Ticket. The number sequence and QR code on the print@home Ticket contain all the necessary information for electronic access control.
The QR code is checked electronically on entry to the Event venue.
It is not possible to deliver print@home Tickets to an address, the Service Provider will deliver them electronically.
The Customer shall be solely liable for the consequences and damages arising from the loss, theft, incorrect printing, copying and multiple printing of print@home Tickets. The Customer shall bring the printed print@home Ticket to the Event with them. Access will be allowed based on first validation. Thus, the first Ticket that the access control system of the Event Organizer accepted with the given QR code for access shall be valid. Any further attempts to enter shall be invalid and will therefore be unsuccessful. Access to the Event may be denied to the person producing it, regardless of whether the person producing the invalid Ticket is the same as the Customer purchasing the original Ticket. The Service Provider may not be obliged to provide indemnification due to exclusion for such a reason.
In accordance with the decision of the Event Organizer, access to certain events may become possible for Customers with a suitable ‘smartphone’ by reading the QR code of the Ticket shown on their phone. Liability for unsuccessful access due to the resolution of, and scratches and a foil on, the screen or any other factor preventing legibility shall rest with the Customer.
2. Implied warranty
The Service Provider shall fulfil its implied warranty obligation in accordance with the information provided in Annex 1.
In the case of Tickets that allow access to an Event for a specific date and time, the Service Provider expressly draws the attention of the Customer to the fact that, in order to fulfil their obligation to mitigate damages set out in Section 6:525 of the Civil Code, the Customer shall verify the faultlessness of the Tickets purchased (in particular, but not exclusively, the appropriate Ticket type, correct data content, etc.) within the shortest possible time and without delay, and in the case of any error, they shall notify it to the Service Provider no later than by the date of the Event in order for the Service Provider to correct the error or to replace the incorrect Ticket and thereby enabling the Customer to participate in the Event. The Service Provider agrees to be available to the Customers at the ‘Reservation desk’ kiosk at the venue in the case of a Formula-1 Event, during opening hours, from Thursday during the Event (opening hours: Thursday: 12 noon to 6 p.m., Friday and Saturday: 7 a.m. to 6 p.m. and Sunday: 7 a.m. to 2 p.m.).
The Service Provider is not obliged to provide indemnification for any damage caused by the violation of the obligation contained in this section, which is imputable to the Customer.
VI. Right of rescission and termination
1. Purchase can be interrupted at any time, without consequences, before clicking on the ‘Order’ button. On the basis of Section 29(1)(l) of Government Decree No 45/2014 of 26 February 2014, the Customer may not exercise their right of rescission or termination if the Ticket for the Event is for a specific date and time or deadline. In this case, the Service Provider will not be able to either redeem the Ticket or to refund the value of the purchase (except if the Event is cancelled).
VII. Limitations to the Service of the Service Provider
1. The Customer acknowledges that due to the characteristics of the Internet, the continuous operation of the system may be interrupted despite the prior knowledge and intent of the Service Provider. Accordingly, the Service Provider does not guarantee the fault-free and uninterrupted operation of the Service and the related website or that access to the Service will be continuous or fault-free.
2. The Service Provider shall be entitled to suspend the Service in whole or in part without providing any prior information or notice for the purpose of maintaining the Service or the related Website or for other security considerations.
This does not affect the receipt of Tickets already ordered and paid for.
3. The Service Provider shall make every effort to publish the information received from the Event Organizers in the Webshop. At the same time, the Service Provider shall not assume any liability for any information or content related to the individual Events, which the Event Organizer has recorded on the interface itself or recorded by the Service Provider based on information received from the Event Organizer.
4. The Service Provider shall be liable only for damages caused by deliberate or grossly negligent errors attributable to it. The extent of liability shall be limited to the value of the Purchase Price.
5. The Customer acknowledges that the Service Provider is not liable for any damage or misuse arising during or as a result of bank card payment.
6. The Service Provider declares that it is not subject to the Sectoral Code of Conduct under the Act on the prohibition of unfair trading practices against consumers. At the same time, it declares that during its operations it will refrain from any deceptive acts or acts considered to be unfair commercial practice.
VIII. Rules applicable to the Event
1. The proper conduct of the Event shall be the obligation of the Event Organizer. The Event Organizer is displayed on the Ticket.
The Customer acknowledges that the Service Provider does not assume any liability for holding and the quality of the Event attended by the Ticket purchased. In connection with participation in the Event, a legal relationship and service obligation are established between the person producing the Ticket and the Event Organizer. This legal relationship is governed by the regulations on the official website of the Event and the Event Organizer.
The Customer acknowledges that in the event of any damage, injury or accident sustained by the Customer or any other attending person during their participation in the Event, the Service Provider shall not be liable therefor.
The Customer undertakes to seek information about the participation and visit rules of the Event before participating in the Event and to fully comply with them.
2. The Ticket is freely transferable unless otherwise provided by the Organizer of the given Event. The Customer declares that they will pass the Ticket to another person only if the new Ticket holder has accepted the GTC of the Service Provider.
3. Unless otherwise indicated on the Ticket, the Ticket entitles its holder, one person, to a one-time entry to the Event indicated on the Ticket. It is not possible to replace a lost, damaged or destroyed Ticket.
4. Depending on the type of Ticket, it may contain digital and analogue security features, which protect the Ticket against counterfeiting. If the Service Provider, the Event Organizer or the security service at the Event venue notices that the security features are damaged, incomplete or intentionally tampered with, or deemed to have been reproduced or copied, the person producing the Ticket may be denied access to the Event or may be demanded to leave the Event area. The Customer may not lay any claim for compensation from the Service Provider due to a ban on such grounds.
5. Certain Tickets authorize only certain users to enter (Child Ticket, Pensioner Ticket, Professional Ticket, etc.).
The Service Provider does not examine whether the Customer is entitled to the above when the Ticket is purchased and handed over. The Event Organizer is entitled, through the security service, to verify whether the person producing the Ticket is entitled to use a special Ticket. Entry may be denied until the right of use is proven by the person producing the Ticket. In the event of exclusion on such grounds, the Buyer of the Ticket or the person producing the Ticket shall not be entitled to compensation.
6. In certain cases, Tickets entitle their holders to visit only certain areas within the Event area.
7. Information for wheelchair visitors in the case of Events to be held at Hungaroring (2146 Mogyoród, Hungaroring út 10., Hungary):
At Hungaroring, the top rows of the Gold 3 Grandstand are available to our wheelchair users and their attendants. If you have any questions about this, please call us on the phone number +36 (1) 266 2040 or email us at firstname.lastname@example.org for help.
8. Everyone can only attend the Event at their own risk. Although the Event Organizer will use its best efforts to ensure the safe conduct of the Event, the Service Provider will not assume any liability for any visitors who may engage in irresponsible conduct. In a stupor or under the influence of drugs or other psychotropic agents, visitors may not visit the Event even if they produce a valid Ticket.
9. The Service Provider informs the Customers that the Event can be recorded as an image and sound recording, which may include the Visitors of the Event; the Visitor of the Event may not lay any claim against the Service Provider on such grounds. The detailed terms and conditions for the production and use of video and audio recordings are set out in the rules/terms and conditions of visiting of the Event. The Service Provider draws the Customer’s attention to the fact that they should get to know these terms and conditions before participating in the Event.
10. The Event Organizer may remove a Visitor who violates the terms and conditions of participation, the rules of the Event or the institution serving as the venue of the Event, or the instructions of the security service and other law enforcement agencies in order to ensure the safe conduct of the Event and the uninterrupted entertainment of Visitors at the Event. In the event of exclusion for such a reason, the Service Provider may not be obliged to provide indemnification.
11. The Service Provider shall use its best efforts to inform the Customer and to facilitate the redemption of Tickets in case of failure of the Event. At the same time, the Customer acknowledges that if the Event is cancelled, the Event Organizer will decide on the process and location of and deadline for redeeming the Tickets and the Event Organizer will be responsible for its implementation. The Service Provider shall publish the details of Ticket redemption on its website forthwith, as soon as it has officially received them from the Event Organizer. The Service Provider may not be obliged to redeem the Tickets or to refund the purchase price of the Tickets in the absence of an order from the Event Organizer regarding the redemption of the Tickets. In addition to the price of the Ticket, which must be redeemed by the redeemer at its full value, neither the Event Organizer nor the redeemer is obliged to reimburse any presumed or actual damage or expense. In cases other than the cancellation of the Event, the Tickets may not be redeemed.
12. If, as a result of war, a riot, act of terrorism, strike, accident, fire, blockade, flood, natural disaster, severe energy supply disruption or any other unforeseeable and insurmountable obstacle outside the control of the Customer or the Service Provider, either of them is not be able to fulfil a contractual obligation, that person or entity shall not be liable for any loss or damage having arisen as a result of these events.
IX. Complaints management
1. On the basis of Act CLV of 1997 on consumer protection, Customers qualifying as consumers may file a complaint at the registered office of the Service Provider in person, orally or in writing, or by post. Complaints may also be submitted by email to email@example.com.
- The Service Provider shall respond on the merits in writing to the written complaint within 30 days of its receipt.
- The Service Provider does not receive oral complaints via telephone. The Service Provider shall promptly investigate and remedy complaints submitted orally, in person. If this is not possible, the Service Provider shall take a record and respond to the complaint on the merits in writing within 30 days on the basis of the record. The Customer shall receive a copy of the record.
2. The consumer may initiate proceedings at the conciliation body competent for their domicile or place of residence if they have attempted to settle their complaint with the Service Provider, but it has failed. Detailed information on the registered office, telephone and internet contact details and mailing address of conciliation bodies can be found on the website www.bekeltetes.hu, under the ‘Bodies’ menu item.
Contact details of the conciliation body competent for the registered office of the Service Provider:
Budapest Conciliation Body attached to the Budapest Chamber of Commerce and Industry
Address: 1016 Budapest, Krisztina krt. 99., Hungary
3. In the administrative cases of the consumer protection authority, the consumer protection inspectorates of the metropolitan and district government offices proceed at first instance with county-level jurisdiction and the Government Office of Pest County, at second instance with national jurisdiction. The jurisdiction is also based on the consumer’s domicile, registered office or site of the company, and the place where the infringement was committed. The application may be submitted to any inspectorate with jurisdiction.
X. Other provisions
1. The Parties shall resolve any matter in dispute related to the Contract or its interpretation, conclusion, validity, termination or performance primarily amicably. If it is not possible to settle the dispute in an agreement mutually acceptable to both parties, the parties submit to the proceedings of the court(s) with competence and jurisdiction under Act CXXX of 2016 on the Code of Civil Procedure for the determination of legal disputes between the parties.
2. The Service Provider specifically draws the Customer’s attention to the Sections of I.7., III.2., IV.8. and 9., VI.1., V.2., VII.4., and VIII.4., 5. and 11. of the GTC. By accepting these General Terms and Conditions, the Customer hereby irrevocably declares that they have received the specific information under Section 6:78(2) of the Civil Code from the Service Provider and expressly accept it.
3. This Contract shall be governed by the laws of Hungary. Issues not regulated by the Contract shall be governed by the provisions of Act V of 2013 on the Civil Code and other relevant legislation.
Any limitation or exclusion of liability contained in these GTC shall be duly interpreted and applied only within the scope, extent and form permitted by the relevant legislation, even without expressly specifying it, and it may in no event result in the violation of mandatory legal rules.
Budapest, April 2019