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General Contracting Terms and Conditions

General Contracting Terms and Conditions (GCTC)

 for “other reservations” relating to business services provided by

 Weco-Travel Idegenforgalmi Kft.

 

Weco-Travel Idegenforgalmi Kft. (Registered office:            1053 Budapest, Szép u. 2. 9th floor, Company registration number: 01-09-065625, Tax number: 10331615-2-41, MKEH licence number: R-00095/1999/1999)  Represented by: Balázs Horváth, Executive Director) - hereinafter referred to as Service Provider - offers business travel services to its clients (hereinafter referred to as Client) based on or without a framework agreement, by using its professional knowledge and expertise, as specified below:

           

  1. Term:

 

These GCTC are effective from 1 September 2016 until revoked.

 

  1. General process of co-operation

 

  • Basic service types

 

The Service Provider offers its business travel services primarily in the form of “on-line” and “off-line” services

Off-line service:             Within the framework of its “off-line” service, the Service Provider offers direct contact to its clients by phone or in writing through its dedicated advisors, account managers and other members of staff for the proposal, request and production, order confirmation, performance and invoicing procedures.

 

On-line service: Within the framework of its “on-line” service, the Service Provider operates an on-line platform, dedicated only to certain contracted clients, the terms and conditions of which are specified in the framework of individual contracts.

     

The terms and conditions described in these GCTC apply within the framework of the off-line services.

 

  • General co-operation procedure:

 

  • The Service Provider sends a proposal in writing in response to requests received from clients in writing or on the phone. The Service Provider tries to send a proposal to the Client containing several but no more than 3 solutions or 3 different prices.

In the proposal, the Service Provider states not only the price, but also the terms and conditions deemed important for the reservation. Those terms and conditions are effective together with the price.

  • The Client makes a decision within its own discretionary power ad orders the selected service according to the proposals.
  • The Service Provider sends written confirmation based on the order. The confirmation includes the price of the booked service and its terms and conditions deemed important.
  • The Service Provider supplies the service according to the order.
  • The Service Provider issues an invoice to the Client in accordance with the terms and conditions of the Framework Agreement or of these GCTC and sends it to the Client.
  • The Client settles the amount included in the invoice according to the terms and conditions specified therein.

 

The special terms and conditions of the individual service components are included in Section 3 of these GCTC.

 

  • General conditions of a proposal:

The Service Provider can prepare a proposal only according to the important criteria relating to the particular service.

The Service Provider stresses to the Client that the proposal is not the same as the actual reservation and that the Service Provider shall not be bound by the proposal. The price included in the proposal, including especially the price of an air ticket, is valid at the time when the proposal is prepared but it may change depending on the free seats, the conversion exchange rate or the changes in any other factors influencing the price. Naturally, the Service Provider informs the Client of the prices and conditions prevailing at the time of the order.

 

  • The order

Each order may only be placed in writing. Any legal declaration received from the e-mail address used or specified as own address by the Client also constitutes a written order.

 

  1. Offered services

 

  • Sale of air tickets and related supplementary services

The Service Provider contributes to the establishment of a transportation contract between the airline and the Client and to the sale of the tickets pursuant to bilateral or trilateral agreements concluded with airlines or according to proposals available through other channels. The Service Provider takes into account the travel regulations of the respective company, the contracted prices of the airline, the preferred airline and the interests of its contracted Clients providing that such information is available for the Service Provider when it prepares its proposal. The Service Provider sends no more than 3 proposals.

 

  • For traditional airlines

 

  • The term “traditional” airline refers to airlines that reflect primarily national characteristics, operating in general from one base airport in the country according to an annual timetable, offering also changes pursuant to international code-share agreements, running flights with more than one classes, representing traditional values in their services and regulations and being members of the IATA.
  • The Service Provider sends a proposal to the Client based on a written or verbal request (by phone) indicating the major characteristics of the different types of tickets and the conditions of their reservation.
  • The Client selects the most suitable proposal within the specified deadline.
  • The Service Provider then reserves the air ticket for the Client according to the selected proposal and sends written confirmation about it.
  • The Client orders the service within the effective deadline of the reserved air ticket.

 

  • For discount airlines

 

  • The term “discount” airline refers to an airline offering point-to-point services with a lower degree of comfort and generally at lower prices but not necessarily with membership in the IATA.
  • The Service Provider sends more than one proposal upon the Client’s written or verbal (by phone) request indicating the important characteristics of each ticket and the conditions of reservation.
  • The Client selects the suitable proposal and places an order accordingly. The Service Provider warns the Client that with discount airlines air tickets cannot be reserved, only purchased immediately.
  • The Service Provider purchases the air ticket for the Client under the terms and conditions prevailing at the particular moment. Such an air ticket entails an immediate payment obligation, of which the Service Provider sends written confirmation.

 

  • Modification or refund of an issued air ticket

When requested by the Client verbally or in writing, the Service Provider undertakes to modify (name change, date change, etc.) an already issued air ticket or refund the price of an air ticket (to the extent permitted under the regulations of the particular airline) when it is allowed according to the regulations of the airline. The Service Provider warns the Client that in certain cases a modification, if permitted, entails a surcharge, especially in the case of discount airlines.

 

  • Mediation (modification, cancellation) of services auxiliary to flights

The Service Provider undertakes to mediate (modify, cancel) auxiliary services relating to an air ticket if the Client also ordered the air ticket with the mediation of the Service Provider. Such auxiliary services could include e.g., online check-in, seat reservation, on-board service, baggage ticket, etc. 

 

  • Reservation for the business lounge at the airport

The Service Provider undertakes to reserve (modify, cancel) a place in the Business lounge for the Client at international airports with the contents specified by the Client providing that the Client also ordered the air ticket with the mediation of the Service Provider.

 

  • Administration relating to loyalty programmes

The Service Provider undertakes to provide information to its Clients (individual and corporate) on the loyalty programmes of each airline, to make the respective registration, credit points and to perform any administration relation to the purchase of tickets with a discount.

 

  • Reservation (modification, cancellation) of parking spaces at the airport

The Service Provider undertakes to reserve (modify, cancel) parking spaces at car parks operated by Budapest Airport at Liszt Ferenc International Airport providing that the Client also ordered the air ticket with the mediation of the Service Provider.

The reservation can be made, cancelled or modified no more than 12 hours prior to departure.

 

  • Reservation (modification, cancellation) of fast track administration

The Service Provider undertakes to reserve fast track administration at Liszt Ferenc International Airport providing that the Client also ordered the air ticket with the mediation of the Service Provider. The reservation can be made or cancelled no more than 24 hours prior to departure.

 

  • Mediation of accommodation

Upon the Client’s written or verbal order, the Service Provider undertakes to reserve and mediate accommodation services.  The Service Provider requests hotel availability in compliance with the Client’s bilateral agreements with hotels or hotel chains, the most favourable prices available through its own channels and all other requests of the Client known to the Service Provider, such as location, room preferences, meals, etc. as well as the company’s travel regulations if they are known to it.

The Service Provider warns the Client that the same hotel rooms may be reserved at different prices, the cancellation or modification conditions of which are also significantly different. The Service Provider provides information about it in its proposal.

 

The Service Provider sends confirmation about the room reserved at the hotel selected by the Client, containing all important information (data of the hotel, arrival/departure dates, number of nights, room type, meals, payment method, price, cancellation and other important conditions).

The Service Provider recommends primarily two payment methods to the Client for hotel reservations: Deferred payment (in which case a voucher is issued) or payment on site.

 

  • Hotel payment on site

When payment on site is applied, the Client settles the invoice in cash or with a bank/credit card at the hotel. The Service Provider warns the Client that in case payment on site is applied, the hotel may request a credit card guarantee at the time of the reservation, for which the Service Provider will use the card information provided by the Client, providing that the Client grants authorisation for it. The Service Provider may also provide a guarantee by using its own credit card only to its Clients with whom it has a Framework Agreement.

 

  • Payment for hotel services with a voucher

A voucher is a payment substituting instrument which entitles the eligible individual to use the service within the indicated validity period in exchange for the presentation of the voucher at the site of the service. The voucher is issued to the Client by the Service Provider. The Client must always verify the data indicated in the voucher received from the Service Provider when the voucher is collected and certifies the accuracy of the data with a signature. The Client does not pay for the services indicated in the voucher but shall pay for the services used additionally on site, i.e., at the hotel.

 

  • Modification or cancellation of a hotel reservation

Based on the Client’s written or verbal request, the Service Provider undertakes to modify (name change, date change, etc.) or cancel a reserved hotel room if it is permitted according to the terms and conditions of reservation at the particular hotel in relation to the particular price.

 

  • Mediation of hire cars

Upon the Client’s written or verbal order, the Service Provider undertakes to reserve and mediate a hire car, also including the arrangements for the related insurance (mandatory third-party liability insurance is a prerequisite of car hire on each occasion).   The Service Provider applies for a hire car by taking into account the Client’s bilateral agreements with hire car companies, the available prices and any further requirements of the Clients known to it, such as category equipment, number of seats, place of collection, return as well as the corporate travel regulations, providing that the Service Provider is aware of them.

The Service Provider sends confirmation about the hire car selected by the Client or the available options in the same category, containing all important information, including the places of collection and return, the category, the price and the payment terms and conditions.

The Service Provider issues a voucher for a reserved hire car or the Client settles the invoice on site. The Service Provider warns the Client that whenever a car is hired, even if a voucher is issued, the contract is established between the Client (Lessee) and the Lessor.

 

  • Reservation of a hire car with payment on site

When payment on site is applied, the Client settles the invoice at the site of the hire car company in cash or with a bank/credit card. The Service Provider warns the Client that in case payment on site is applied, the hire car company may request a credit card guarantee at the time of the reservation, for which the Service Provider will use the card information provided by the Client, providing that the Client grants authorisation for it. The Service Provider may also provide a guarantee by using its own credit card only to its Clients with whom it has a Framework Agreement.

 

  • Reservation of a hire car with voucher payment

The voucher is issued to the Client by the Service Provider either up to a specific value limit (value voucher) or covering all services used on the site even without prior reservation (except deposit) (full credit voucher). In the case of a value voucher, the Client pays on site for any service not indicated in the voucher (e.g., other insurance). In the case of a full credit voucher, the Service Provider pays for all further selected services. The Service Provider warns that Client that when a full credit voucher is issued, the service is actually used on site and the consideration charged for them cannot be subsequently investigated and they will be fully re-invoiced to the Client.

The Service Provider makes available payment with a full credit voucher only to Clients with whom it has a Framework Agreement.

 

  • Modification and cancellation of hire car reservation

Upon the Client’s verbal or written request, the Service Provider undertakes to modify (name change, date change, category change etc.) or cancel an already reserved hire car if it is permitted according to the regulations of the hire car company.

 

  • Railway tickets (domestic, international)

 

  • Mediation of railway tickets

Based on the Client’s written or verbal request, the Service Provider undertakes to purchase domestic or international railway tickets and related seat reservations. 

The Service Provider warns the Client that not all railway tickets are available in electronic format and therefore the cost of delivery is an additional cost of any purchased railway ticket issued on paper.

 

  • Modification and cancellation of railway tickets

The Service Provider undertakes to modify, cancel and refund domestic and international railway tickets when it is permitted according to the regulations of the railway company.

 

  • Other tickets (bus, ship, ferry, etc.)

 

  • Mediation of other tickets

Based on the Client’s written or verbal request, the Service Provider undertakes to purchase domestic or international tickets and, when available, related seat reservations. 

The Service Provider warns the Client that not all tickets are available in electronic format and therefore the cost of delivery is an additional cost of any purchased ticket issued on paper.

 

  • Modification and cancellation of other tickets

Based on the Client’s verbal or written request, the Service Provider undertakes to modify, cancel and refund domestic and international other tickets when it is permitted according to the regulations of the particular transportation company.

 

  • Administration (modification, cancellation) of transfer services

Upon the Client’s verbal or written request, the Service Provider undertakes to arrange for transfers between departure and arrival sites and any modification and cancellation thereof.

 

  • Visa administration

The Service Provider undertakes to obtain visas available in Hungary for Hungarian citizens and for foreign citizens staying in Hungary with permanent residence permits within individually agreed deadlines or with urgency when requested by the Client (whenever it is feasible). The Service Provider arranges for visa only as an additional service when the Client also orders the air ticket for the travel from it.

 

  • Issue (modification, cancellation) of travel insurance

The Service Provider basically offers two types of insurance: Luggage and health insurance as well as cancellation insurance. The Service Provider offers travel insurance in accordance with the required terms and conditions at competitive prices and will arrange for the insurance agreements for the Client according to the Client’s choice.

 

  • Delivery of paper-based documents

The Service Provider sends the prepared travel documents to the Principal electronically. If it is not possible, the documents can also be sent by post or, with a special request (and for special remuneration) with a courier service.

 

  • Turnover statements

 

The Service Provider agrees to prepare turnover statements from the data available to it at regular intervals for contracted clients when requested.

 

  • Standard turnover statement

 

The standard turnover statement is prepared in .pdf format and contains the following statistics (on aggregated basis, in comparison to the base figures):

  • Main product categories: air ticket, accommodation, hire car, railway ticket, other; turnover within the listed product categories (HUF), number of items, turnover share (%), changes in the turnover data since the base period, average price in a particular period and its changes since the base period,
  • TOP airlines,
  • TOP destinations
  • TOP hotels
  • TOP hotel destinations (cities).

 

  • Individual turnover statement

The Service Provider also agrees to provide further individual statements and further reports contained in its portfolio for its contracted clients providing that they are feasible according to its database. 

 

  • Assistance over working hours

The Service Provider offers telephone assistance, for a specific charge defined in the Annex to these GCTC, to provide assistance in any unexpected event or situation at weekends, on holidays and outside working hours (between 5:30 p.m. and 9 a.m.). 

Phone number of the assistance: + 36 30 471 471 1

 

  • Dedicated advisor

As part of daily co-operation and service, the Service Provider offers to its Clients with which it has a Framework Agreement a professionally qualified personal travel advisor with many years of experience in corporate travel arrangements.  The dedicated advisers have permanent substitutes with similar qualifications.

 

  • Account manager

The Service Provider assigns an account manager to each contracted Client. The account manager is responsible for maintaining contact with the Client, preparing and forwarding turnover statements for the Client’s travels and providing assistance in the development of the company’s travel regulations.

 

  • Registration and monitoring of corporate and travel profiles

In the case of Clients with whom the Service Provider has a Contract the Service Provider undertakes to register all important information obtained in relation to the company (CP-Company Profile) and travellers establishing a contact with the Service Provider in the course of the performance of the contract (TP-Traveller Profile), to monitor the changes, to update and expand the data as necessary and to make all reservations by focusing on the known preferences during the mediation of its services. The contracted Clients supply the data and modifications required for completing the profiles to the Service Provider in writing and the accuracy and revision of the data are the responsibility of the Client.

 

  1. Corporate travel regulations

 

If a contracted Client has travel regulations, the Service Provider shall register its provisions and proceed during the reservations accordingly.

If the traveller of a contracted Client requests for a service that is contrary to the travel regulations of their own company or only options contrary to the travel regulations can be reserved, the Weco-Travel employee will inform the contracted partner about it (“Out of Policy” situation) and will reserve the requested services only with the approval of the authorised person.

If the contracted Client does not have any travel regulations, the Service Provider’s account manager helps the partner in developing the travel regulations by providing advice if there is a need for it.

 

  1. Service standards

 

If the contracted Client does not have internal standards for travel services, the Service Provider shall apply the following internal SLA ('Service Level Agreement') standards in its services offered to its Clients:

 

 

Category

 

Indicator

1. Call reception

80% of the calls within 4 rings

98% of the calls within 6 rings

2. Response by phone or e-mail upon the Client’s request

Within 24 hours in non-urgent cases

3. Supply of proposals

3 most favourable proposals according to the Client’s request and the Travel Regulations whenever possible

4. Compliance with Travel Regulations

Building and application of a corporate profile, compliance with the authorisation process

5. Delivery of travel documents

Electronically in 98% and delivery of paper-based documents through an in-house courier by post

6. Correct invoicing in time

In compliance with the corporate and traveller profiles within no more than 3 days from the issue of the travel documents

7. Response by complaint handling

Response about the notification within 24 hours from its receipt and feedback on the investigation outcome within no more than 72 hours.

Weekly response on the progress of cases relating to suppliers depending on the actual service provider.

 

  1. Service Provider fees

 

The Service Provider charges fixed transaction fees in consideration for its activities as stated in the individual contracts with contracted Clients and the individual proposal and Annex 1 to these GCTC in the case of Clients with whom it does not have a contract.

The Service Provider guarantees the transaction (service) fees indicated in the individual contracts for one year from the date of signature of the individual contract. If one year later the turnover of the Client undertaken in the contract is ten per cent lower than the actual turnover, the Service Provider may review the transaction fees and initiate their renegotiation.

The transaction fee specifically refers to the Service Provider’s fee. The additional expenses relating to the reservation of the individual services are borne by the Principal.

The Service Provider charges transaction (service) fees by transaction and by person.       

 

  1. Invoicing, payment methods and conditions

 

  • Invoicing

The Service Provider issues an invoice for the Client’s travel costs automatically in its own invoicing system and sends it to the Client electronically or by post.  If the invoice is sent electronically, the Principal undertakes to accept electronic invoices by signing the individual contract.

 

  • Payment by transfer

The Service Provider allows payment by transfer only to Clients who have individual contracts.       The Client shall pay the invoice by bank transfer within 8 calendar days from its receipt.

Weco-Travel’s account number:             MKB 10300002-20330220-00003285

 

  • Invoice complaints

The Client may submit any complaint relating to the invoice within 2 working days from its receipt, only in writing. Failing that deadline shall render any complaint ineffective. The deadline is still considered effective if the Service Provider receives the complaint by 6 p.m. on the second working day from the receipt of the invoice by the Client. The Client may send a complaint to the Service Provider’s e-mail address also by electronic mail. The Service Provider shall have the right to investigate the complaint and notify the Principal about its outcome within 5 working days. If a complaint is justified, the original payment deadline shall be calculated from the date of receipt of the new invoice. In the case of any invoice complaint, the Client may withhold the objected item only until it is clarified, while any other item indicated in the invoice correctly is subject to the original payment deadline.

 

  • Payment delay

In the case of any payment delay, the Service Provider may charge default interest at the rate specified in the Civil Code from the first day of the default.

In the case of late payment, the Client shall pay default interest and a flat rate collection cost to the Service Provider at the rate specified in the currently effective laws and regulations based on the Service Provider’s invoice issued automatically, without any additional warning.

The Service Provider is entitled to factor or assign to its account managing bank the invoices issued by it but must inform the Client about it if it happens.

 

  • Payment with cash and bank/credit card

The Service Provider allows payment with a bank/credit card or cash to its Clients with whom it does not have a contract.

The Service Provider reserves the right to settle invoices with corporate cards also to its contracted Clients.

The Service Provider accepts all bank and credit cards available in distribution in Hungary as payment instruments.

     

  • Payment with virtual card product

The Service Provider also accepts the following virtual cards as payment instruments from its contracted Clients: AMEX BTA, R-BTA and Airplus.

 

  1. Declaration of liability

 

The Service Provider only mediates the services of the actual providers and therefore the Service Provider may not and cannot assume any liability for the contractual performance of the providers and shall not be liable for any default, error, loss, damage, delay in service or accident outside the activities undertaken and performed under the Agreement or the consequences thereof as they occur as a consequence of the default of the actual providers or their subcontractors.

The Service Provider undertakes to proceed in the name of the Client in the settlement of damages occurring at the Client in order to enforce its compensation claim.

The Service Provider shall not be liable for any change in the suppliers’ prices or any change in their timetables or the quality of their services.

It is the Service Provider’s obligation to remedy any defective performance attributable to its activities. The Parties agree that the Service Provider shall be liable for all the costs incurred during the execution of defective performance as contractual performance.

The Client may not enforce any claim or opportunity cost against the Service Provider in relation to defective performance and the Service Provider’s liability is limited only and exclusively to the funding of the incurred costs.

 

  1. Data handling

 

The Service Provider is committed to the protection of the personal data of its Clients and considers extremely important to respect the right of information self-determination of its Clients. The Service Provider declares that it respects the personal rights of its partners, clients and visitors of its website. The Service Provider handles all registered personal data confidentially, in compliance with the legal regulations on data protection and the international recommendations and will take all security, technical and organisational measures that guarantee the security of data.

 

The Service Provider may use and disclose to third party personal data managed by it only and exclusively for the performance of tasks relating to its activities (performance).

 

The Service Provider protects data by means of suitable measures against unauthorised access, alteration, transmission, public disclosure, deletion or destruction as well as damage and accidental loss and ensures that stored data cannot be corrupted and rendered inaccessible due to any changes or in modification of the applied technique.

 

  1. Settlement of disputed issues

 

The Service Provider and the Client must take all efforts to resolve any conflict of interest or dispute that concerns the contract through direct consultations. The Parties must mutually inform each other in writing of any fact or impeding condition in that regard.

With regard to any issue not regulated in these GCTC, the Framework Agreement or individual orders, the effective provisions of the Hungarian law, primarily the provisions of the Civil Code, shall be applied.

 

  1. Force majeure

 

The Service Provider and the Client agree that neither Party is liable for the violation of the contract if the default is the result of unforeseen circumstance that do not fall within the scope of interest of either Party but impede the performance of the Agreement (objective impossibility to perform). Such circumstances and events include especially but not exclusively actions of war, mutiny, sabotage, any attack involving an explosion, any natural disaster, flood, fire, strike of lightning or any other natural disaster, strike, or measure taken by the authorised agencies pursuant to the Act on Home Defence and Act on the Police.

 

Budapest, 12 September 2016

Weco-Travel Kft
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