GENERAL CONTRACTUAL CONDITIONS
- for parking service -1. SCOPE OF APPLICATION
1.1. These General Contractual Conditions (hereinafter: GCC) contain the terms and conditions of the legal relationship created between Budapest Airport Budapest Liszt Ferenc Nemzetközi Repülőtér Üzemeltető Zártkörűen Működő Részvénytársaság [Budapest Airport Budapest Ferenc Liszt International Airport Operator Private Limited Company] (shortened company name: Budapest Airport Zrt.; registered offices: 1185 Budapest, BUD International Airport; corporate registration number: 01-10-044665; company court: the Company Court of the Court of Budapest; tax number: 12724163-4-44, group ID number: 17781145-5-44, group Community tax number: HU17781145; hereinafter: Budapest Airport Zrt.), as operator, and clients using the pay-per-use P+R car park located at Terminal 1 and the car parks located at Terminal 2 of Budapest Ferenc Liszt International Airport (hereinafter: Airport), which are closed with barriers and may be used by anyone in compliance with the conditions of use (hereinafter: Client) (hereinafter jointly: the Parties).
1.2. The Client acknowledges familiarity with and acceptance of the Airport Rules (available at www.bud.hu) and the GCC by implicit conduct, by entering any of the car parks specified in section 1.1 with a vehicle. The contractual relationship between the Parties with respect to parking comes into existence with the act of the Client taking the parking ticket.
1.3. The GCC is valid within the framework of prevailing, cogent legal provisions (not permitting any deviation), with consideration therefor.
1.4. From a legal perspective, the roads leading to the car parks are classified as private roads not closed to public traffic, pursuant to the resolution of the Budapest Government Office Transport Inspectorate and the car parks, except for the Premium Parking are classified as private roads closed to public traffic, pursuant to the resolution of the Budapest Government Office Transport Inspectorate.2. THE CONDITIONS OF USE
2.1. Upon entry to the car park with a vehicle, a parking ticket shall be requested by pressing the appropriate button on the entry terminal. Access is then provided by means of the barrier lifting automatically. The license plate number of the vehicle is recorded upon entry (with the exception of the P+R car park located at Terminal 1). It is possible to exit the car park with a vehicle following payment of the parking fee, after the barrier has lifted.
2.2. Clients use the Car Parks at their own risk and responsibility. In the course of use, Clients must pay special attention to the fact that, during winter, snow clearance and surface de-icing are not possible in Holiday Parking Lite, due to the nature of its covering. Therefore, Clients may use the Car Park at their own risk and responsibility.
2.3. The car parks are operational every day of the week, 24 hours per day. It is not possible to enter the individual car parks with a vehicle only when they are full, or if Budapest Airport Zrt. closed the car park due to an extraordinary event.
2.4. With regard to traffic rules in the car parks, Budapest Airport Zrt. prescribes the application of Hungarian public road traffic regulations.
2.5. Vehicles shall be parked in such a way that they should only occupy the parking space enclosed by the relevant surface markings and in case of using the E-chargers only occupy the space designated to that activity. Special parking spaces have been designated in the individual car parks for disabled persons.
2.6. Upon the occurrence of extraordinary events (e.g. terrorist attack, bomb threat), Clients are obliged to comply with the instructions of Budapest Airport Zrt. if they are present within the area of the Airport.
2.7. Clients are obliged to carefully retain the parking ticket until they exit the car park with their vehicles. In case of the loss of the parking ticket, the customer service offices located in Terminal Parking and in Business Parking will provide assistance and information to Clients.
2.8. The following is especially prohibited in the car parks:
In terms of traffic rules, to violate Hungarian public road traffic regulations;
To obstruct the regular operation of the car parks in any way;
To park vehicles outside of the spaces defined in 2.5;
To use the equipment required for the operation of the car park in an improper way; for instance but not limited to:
Positioning the vehicle in front of the barrier in a way that the license plate cannot be read by the automated license plate recognition cameras. The vehicle must be placed parallel to the entry island no further than 10cm from the white line on the left side of the entry;
To exit or attempt to exit the car park with a vehicle without paying the applicable parking fee;
To damage any device placed in the car parks by Budapest Airport Zrt., or any parking vehicle;
To repair or wash vehicles;
To pick up passengers as a result of any solicitation (call the attention of passengers by offering commercial transfers (taxi, minibus, car rental, etc) outside airport counters;
To use the car park in connection with any breach of the Airport Rules which has occurred at any airport premise.
2.9. The staff of Budapest Airport Zrt. or of a proxy contracted by Budapest Airport Zrt. monitor the use of the car parks using CCTV cameras or photo cameras. If any irregularity as per section 2.8 of this GCC is detected, then the staff of Budapest Airport Zrt. are entitled to cancel with immediate effect the validity of the perpetrator’s parking ticket obtained at the entrance of the car park, and to charge a parking surcharge of 5000 HUF/hour (VAT included) for each commenced hour, counted from the recorded time of vehicle entry, which includes the parking fee. The surcharge is payable at the customer service office located in Terminal Parking.
2.10. The staff of Budapest Airport Zrt. are entitled to expel any person present in the car parks who disturb the regular operation of the car parks. Should expulsion be ineffectual, Budapest Airport Zrt. is entitled to report the matter to the competent authorities, in the interest of the removal of the person disturbing the regular operation of the car parks and the transportation, potentially to a public place, of any vehicle endangering the safe and secure operation of the car parks, at the cost of the Client causing the irregularity.
2.11. Clients are entitled to use the car parks with one parking ticket for a maximum of 60 days. If the Client does not exit the car park with his or her vehicle on the 60th day at the latest, following payment of the parking fee, Budapest Airport Zrt. shall request information in writing from the competent authority about the owner/operator of the vehicle left in the car park by the Client, based on the type and the license plate number of the vehicle. In case the requested data is provided by the authority, Budapest Airport Zrt. shall call on the owner/operator of the vehicle in writing, with a deadline of 8 days, to remove the vehicle and, concurrently, to pay the parking fee. In case of emergency or an extraordinary event, Budapest Airport Zrt. shall not be obliged to send such a data request and call for removal, but may take further measures without these actions as well. In the previous case, or if the call for removal is ineffectual, or if no data is received from the competent authority in 30 days, Budapest Airport Zrt. shall provide for the professional removal of the vehicle and its storage. The owner/operator of the vehicle shall be obliged to bear the cost of these actions, and the risk of damage shall also transfer onto the owner/operator, as of the removal of the vehicle. The owner/operator of the vehicle shall be informed in writing about the removal of the vehicle, the cost thereof, and about the new parking location of the vehicle – which will be at the territory of the airport – as well. Budapest Airport Zrt. shall not provide for the guarding of removed vehicles. Budapest Airport Zrt. shall record the removal and the external condition of the vehicle in a protocol, and also with photographic documentation. The owner/operator of the vehicle shall be obliged to pay to Budapest Airport Zrt. the parking fee incurred from the commencement of parking until the date of removal, as well as the cost of removal and the 5000 HUF /day/vehicle storage fee. If an owner and an operator are both registered for the vehicle, in case of any dispute, the payment obligation shall primarily be borne by the operator, in view of the fact that the position of operator includes the actual right to use the vehicle. The owner/operator of the vehicle shall be obliged to comply with the above obligations even if the vehicle entered the car parks driven by another person.3. PAYMENT TERMS
3.1. Upon the completion of parking, prior to exiting the car park with their vehicles, Clients are obliged to pay the applicable parking fee for the given car park, on the basis of the parking ticket received upon entry to the car park. Payment can be made at the pay machines located in the car parks, or at the customer service offices located in Terminal Parking and Business Parking.
3.2. Applicable parking fees are specified on the website www.bud.hu
and are also displayed on signs in the individual car parks.
3.3. In Terminal Parking, parking in spaces designated for disabled persons is free of charge, for vehicles transporting disabled persons, for 60 minutes calculated from the time of vehicle entry. The discount may be requested at the customer service office located in Terminal Parking, by presenting the disabled parking permit.
3.4. In case of the loss of the parking ticket, the fee applicable in the given car park is payable, from the recorded time of vehicle entry until the time of the completion of parking. No surcharge in addition to the parking fee is payable for loss of the parking ticket. The Client receives a replacement ticket after presenting the certificate of registration for the vehicle.
3.5. A VAT invoice for the parking fee paid can be requested in the following ways:
a) On the date of payment, a paper-based invoice is issued at the customer service offices located in Terminal Parking and in Business Parking (in case of payment at the pay machine, against presentation of the receipt issued by the pay machine), or
b) Subsequently, within 15 days of the payment of the parking fee, an electronic invoice may be requested, for which an e-mail address shall be specified in the request, by sending the original payment receipt and the invoice data by mail (mailing address: Budapest Airport Zrt., 1185 Budapest, BUD International Airport).
3.6. In case of failure to pay the parking fee or parking surcharge (as per section 2.9 above if applicable), the Client shall not be entitled to exit the car park with his or her vehicle, until payment has been made. Budapest Airport Zrt. shall not be liable for any damage resulting from this.4. THE LIABILITY OF BUDAPEST AIRPORT ZRT., THE SCOPE AND THE CONDITIONS OF LIABILITY, LIMITATIONS OF LIABILITY
4.1. The liability of Budapest Airport Zrt. extends to the partial reimbursement of the damage incurred in case of the appropriation of vehicles parked within the designated car park with a valid parking ticket, subject to the following conditions.
4.2. Budapest Airport Zrt. possesses an insurance policy for the reimbursement of damages incurred by the appropriation of vehicles parked in the car parks. Budapest Airport Zrt. only reimburses the part of the damage incurred which the insurance company pays to the aggrieved party or to it in connection with the damage event, on the basis of the insurance policy. In view of the aforesaid, damages shall not be reimbursed if the insurance company is not obliged to bear the risk of appropriation, or if it is not liable, pursuant to the provisions of the insurance policy, and the part of the damage which the insurance company is not obliged to reimburse on the basis of the insurance policy (including especially the amount of the own risk part – 20%, but at least 250 000 HUF/damage event, and the amount in excess of the compensation limit – compensation limit: 20 000 000 HUF/damage event) shall not be reimbursed. Compensation shall be paid by means of performance by the insurance company.
4.3. The liability to pay compensation applies to the pecuniary damage actually incurred by the aggrieved party, i.e. the loss in value incurred in the assets of the aggrieved party as a result of the damage event (Budapest Airport Zrt. expressly excludes its liability for indirect and consequential damages and lost financial gain). Furthermore, Budapest Airport Zrt. shall not bear any risk especially with respect to
Damages to the audio system fitted in the vehicle, and any baggage or goods placed in the vehicle;
Damages resulting from the appropriation of vehicle parts or accessories;
Damages caused by the insured person (or any person whose conduct is the responsibility of the insured person).
4.4. Furthermore, Budapest Airport Zrt. shall not be liable to pay compensation if the Client, the person representing the Client or any person whose conduct is the responsibility of the Client fails to comply with the following obligations and provisions, breaches them, or only fulfills them partially:
i. The Client shall be obliged to report the matter to the Police immediately, shall contact the customer service of Budapest Airport Zrt. specified in section 9.3, shall report the damage event to Budapest Airport Zrt. immediately using the damage event reporting form attached to this GCC, shall specify the required data and shall make the additional declarations requested therein;
ii. The Client must possess the ignition keys and the certificate of registration for the vehicle as well as the relevant parking ticket, and must present these to Budapest Airport Zrt. and / or the insurance company;
iii. The Client shall be obliged to use the car park in a proper and regular manner, as intended, in compliance with the conditions of use;
iv. The Client must take all reasonably expected measures in order to prevent the occurrence of the damage event; Budapest Airport Zrt. shall not be liable to pay compensation if it is proven that the appropriation of the vehicle occurred using the actionable conduct of the Client or of any person whose conduct is the responsibility of the Client, which made the appropriation of the vehicle significantly easier or facilitated it (e.g. the vehicle was stolen by means of its ignition key having been obtained due to it having been left unlocked or unguarded, the appropriated vehicle was able to exit the car park due to the parking ticket having been left in the vehicle, or the Client exhibited some other actionable conduct /including the improper/irregular use of the car park and the violation of the conditions of use/), or the actionable conduct of these persons prevented or impeded the timely detection of the criminal act;
v. The Client shall be obliged to cooperate with Budapest Airport Zrt. and the insurance company continuously and appropriately in connection with the damage event and the reimbursement of the damage, and to make all necessary declarations and to take all necessary actions in connection therewith.
4.5. Budapest Airport Zrt. does not assume any liability in addition to the above. Budapest Airport Zrt. shall not be liable for the guarding of the vehicle, for any damage to the vehicle during parking or during any other activity and for objects or valuables placed in the vehicles. Clients shall be obliged to provide for the protection of their assets by appropriately locking vehicles and not leaving valuables in visible places. 5. THE PUBLICATION AND THE AMENDMENT OF THIS GCC
5.1. This GCC was drafted in Hungarian and English language, and is published by Budapest Airport Zrt. on its website (www.bud.hu). In case of any deviation between the two versions, the Hungarian language version shall prevail and serve as the basis for interpretation.
5.2. Budapest Airport Zrt. shall be entitled to amend this GCC unilaterally at any time. The amendment of the GCC shall be effective as of the calendar day following the publication of the amended GCC, and shall not affect legal relationships created prior to its entry into force.
5.3. In case of the amendment of this GCC, Budapest Airport Zrt. shall publish on its website the versions of the GCC effective at different times, and shall indicate the date of entry into force.
5.4. The effective version of the GCC is accessible in printed form at the customer service offices located in Terminal Parking and Business Parking.6. THE HANDLING OF COMPLAINTS
6.1. Any complaints concerning the service provided on the basis of this GCC can be submitted using the customer service contact information specified in section 9.3.7. PERSONAL DATA
7.1. The data handling regulations governing the handling of Clients’ personal data can be accessed at www.bud.hu
7.2. The data are required in order to report the damage event to the insurance company and, if the appropriate conditions are in place, for the procedure of and administration by the insurance company.8. GOVERNING LAW, SETTLEMENT OF DISPUTES
8.1. The valid provisions of the Hungarian Civil Code and of other applicable Hungarian legal provisions shall be applicable to any disputed issues not regulated in this GCC and to the validity, scope and interpretation of this GCC, not including the provisions of private international law. The provisions of the Airport Rules and of the competent authorities shall also be applicable to any issue not regulated in this GCC.
8.2. The Parties may turn to the court with appropriate competence and jurisdiction pursuant to act III of 1952 on the code of civil proceedings in order to decide any legal dispute arising in connection with this GCC.9. MISCELLANEOUS PROVISIONS
9.1. This GCC is effective as of 1 February 2015, for an indefinite period. This GCC invalidates the document entitled “General Contractual Conditions for liability by Budapest Airport Zrt. in connection with vehicles placed in the guarded car park”.
9.2. Written notices required pursuant to this GCC shall be sent to the prevailing registered offices or addresses of the Parties. Notices mailed to the above addresses by registered mail with confirmation of receipt shall be regarded as having been delivered on the third working day following attempted delivery if, according to the confirmation, delivery was unsuccessful due to the addressee being unknown, having moved to an unknown location, not having taken delivery or refused delivery.
9.3. Budapest Airport Zrt. customer service contact information:
By e-mail: email@example.com
By telephone: +36 1 296 8553,
In person at the customer service office located in Terminal Parking.
9.4. The Client acknowledges that the competent authorities (Police, Counter Terrorism Center, Constitution Protection Office) may detain and search Clients within the area of the car parks, and may take other measures against them.
9.5. In other respects, the use of the car parks at the Airport is subject to additional conditions specified on the website www.bud.hu and on signs located in the car parks.
9.6. The appendix of this GCC:
- Damage event reporting form