These General Terms and Conditions (hereinafter referred to as GTC) are unilaterally established by Árnika Real Estate Kft. (registered office: 1114 Budapest, Kemenes Street 14, tax number: 14187425243, bank account number: 10405004-50495054-51531049, hereinafter referred to as the Agent) for the purpose of concluding multiple contracts without the involvement of the other party, referred to as the Principal or Principals (hereinafter referred to as the Principal), to regulate the general terms and conditions of other office services provided by the Agent. These are established between the Agent and the Principal, collectively referred to as the Parties, as follows:
Under the office service agreement (hereinafter referred to as the Agency Agreement) governed by this GTC, the Agent provides office services, and the Principal utilizes the service(s) provided by the Agent for the duration specified in the Agency Agreement.
The contracting parties are required to agree in the Agency Agreement on:
The Parties stipulate that, in addition to the contract concluded between them, the Agent’s offer for the above services is also subject to this GTC, provided it is accepted in writing by the Principal. Likewise, the Principal’s order for the above services is subject to this GTC if accepted in writing by the Agent. When interpreting this GTC, such (accepted) offers and orders shall be regarded by the Parties as Service Contracts.
The agency agreement may be concluded in writing or by implied conduct. Implied conduct means that the Principal takes possession of the services defined in the agency agreement.
For the purposes of this GTC, the following terms, when used with initial capital letters, shall have the following meanings:
Community Office: The premises located at 1114 Budapest, Kemenes Street 14, ground floor, door 2.
Day Ticket: A ticket that the Principal can purchase on working days, entitling the Principal to use the services specified in this GTC between 8:00 and 18:00 on the day of use.
Trial Day: An Agency Agreement that the Parties may conclude only once, under which the Principal is entitled to use the services specified in this GTC on working days between 8:00 and 18:00 on the day of conclusion of the agreement.
5-Visit Pass: An Agency Agreement under which the Principal is entitled to use the services specified in this GTC for up to five (5) working days between 8:00 and 18:00, within 35 days from the conclusion of the agreement.
10-Visit Pass: An Agency Agreement under which the Principal is entitled to use the services specified in this GTC for up to ten (10) working days between 8:00 and 18:00, within 35 days from the conclusion of the agreement.
Monthly Pass: An Agency Agreement under which the Principal is entitled to use the services specified in this GTC on working days between 8:00 and 18:00, within 35 days from the conclusion of the agreement.
Meeting Room/Event: A contract under which the Principal is entitled to the exclusive use of office equipment suitable for the number of participants specified by the Principal, within the time frame requested via email and confirmed by the Agent. Each started hour will be charged according to the price list or the quotation.
Price List: A list that sets forth the current prices for the services provided by the Agent under this GTC. The current Price List is continuously available on the website (http://baobab-coworking.hu/araink). The data in the Price List on the website are authoritative.
Agency Agreement: The written or oral agreement concluded between the Agent and the Principal, referred to as an Agency Agreement, Agreement, or Meeting Room Rental Agreement in this GTC.
The Agent is entitled to keep a record of the Personal Data (hereinafter: Data) of the Principals with whom it concludes an Agency Agreement. By entering into the Agency Agreement, the Principal consents to the processing of the Data according to this GTC and declares that they have the appropriate authorization from the individuals designated to use the services to provide such consent for data processing. If this declaration proves to be false, the legal entity or other organization of the Principal will be fully liable for any consequences.
The Agent is entitled to process the Data from the conclusion of the Agency Agreement until one (1) year after its termination. The Agent must ensure the proper protection of the Data and may not use the Data for purposes unrelated to the Agency Agreement without the Principal's consent, except in cases required by law or an official decision. The Agent is entitled to forward the Principal's Data to third parties providing services to the Agent for invoicing purposes.
The Principal may request the deletion of their Data from the records in writing before the expiration of the above deadline. In this case, the Agent must delete the Data related to the Principal immediately, but no later than within 3 (three) days.
The Agent may operate an electronic surveillance system (closed-circuit camera system) in accordance with the provisions of Act CXXXIII of 2005 on security and detective services for the protection of property. By entering the Community Office, the Principal gives explicit consent to the recording of images in the Community Office, the storage of such images for a maximum of 3 (three) business days, and the use of the images in accordance with applicable law.
The Principal is entitled to request an advance payment.
The service fee determined by the Agent does not include VAT, due to the Agent’s VAT-exempt status. If the Agent’s VAT-exempt status changes for any reason, or if the Agent becomes obliged to charge VAT, the service fee will be considered the net amount, and the Agent will be entitled to charge the VAT on top of that amount to the Principal.
The Agent is entitled to increase the fee payable by the Principal after the conclusion of the Agency Agreement but no later than 20 days before the actual start of the service, in proportion to any increase in taxes, duties, and other mandatory charges.
The method of calculating the modified service fee: the Principal’s additional payment obligation due to the reason for the fee increase will be divided equally among all current Principals. The Agent will send written notification of the amount and reason for the fee increase. The service fee payable under the Agency Agreement may not be increased within twenty days before the actual start of the service. If the service fee increase exceeds eight percent, the Principal may withdraw from the contract within 5 days, as provided in Section V of this Agreement. In the case of a fee increase exceeding eight percent, the Parties may modify the contract between them.
Upon signing the Agency Agreement, or at the time of its conclusion, 100% of the service fee may be required to be paid.
In the case of purchasing a Day Ticket, signing a Trial Day Agreement, a 5-Visit Pass Agreement, a 10-Visit Pass Agreement, or a Monthly Pass Agreement, the Principal is required to pay the service fee simultaneously with purchasing the ticket or signing the Agreement, or at the latest within 1 (one) day.
In the case of a Meeting Room/Event Agency Agreement, the Principal is required to settle the usage fee no later than 4 (four) days after the end of the event organized by the Principal, by cash or bank transfer.
In the case of cash payments, the Principal is required to pay the service fee simultaneously with the conclusion of the Agency Agreement, or at the latest within 1 (one) day, in cash.
In the case of bank transfer payments, the Principal is required to settle the service fee within 4 (four) days by bank transfer to the Agent’s account number 11773119-00708461-00000000.
The Principal is required to pay the invoice issued by the Agent within the specified payment deadline, either in Hungarian forints or euros.
In the case of bank transfers, the payment is deemed completed when the transferred amount is credited to the Agent’s bank account.
In case of late payment, the Principal is entitled to late payment interest for each day of delay, according to Section 6:48 of the Civil Code for individual Principals and Section 6:155 for legal entities or other organizations.
The Agent, unless otherwise provided in this GTC, is obliged to provide the services described in this chapter under the respective Agency Agreements.
The Principal acknowledges that they are responsible for safeguarding any items and valuables brought into the Community Office. The Agent is not liable for any items placed or left outside of the lockable filing cabinet, nor does the Agent assume responsibility for them.
The contracting party, depending on the type of ticket or Agreement concluded, is entitled to use the following services within the agreed duration:
Meeting Room: The Principal is entitled to use the meeting room specified in the contract within the timeframe requested by email and confirmed by the Agent.
In case of furniture relocation, the Agent is entitled to charge the amount indicated on the website or as agreed between the Parties.
The Principal is entitled to use the whiteboard and flipchart, provided these are available, during the time period specified in the contract.
The Parties must record in writing any terms and conditions not regulated by or differing from those in this GTC in the Agency Agreement.
If any general contractual term defined in this GTC differs from a provision in the Agency Agreement, the latter will prevail.
In matters not regulated by the Agency Agreement or this GTC, the provisions of Act V of 2013 on the Civil Code will apply. Disputes arising in connection with the Agency Agreement will primarily be resolved through negotiations between the Parties.
The Principal may withdraw from the Agency Agreement by written notice at any time up to the 10th day before the actual commencement of the service, and must promptly inform the Agent of this decision (the Principal’s cancellation of the service). The Parties agree that the date of withdrawal will be the day on which the Agent receives the notice of withdrawal. It is also considered a withdrawal if the Principal, without prior notice, does not commence the use of the service. In such a case, the time scheduled for the use of the pass will be considered the withdrawal date.
If the Principal withdraws from the contract within 10 days before the actual commencement of the service, the Agent will charge a cancellation fee, as follows:
The Agent may withdraw from the agency agreement at any time in writing before the actual commencement of the service. If the Agent withdraws for reasons not attributable to the Principal, the Principal is entitled to a substitute service of the same or higher value, provided the Agent is able to offer such. If the Agent cannot provide a substitute service or if the Principal does not accept the offered substitute service, the Agent is required to immediately refund the full fee paid by the Principal. However, the Agent is not obliged and cannot be compelled to provide any substitute service requiring performance by a third party.
The Agent is not required to compensate the Principal for any damage incurred if the Agent withdraws from the contract because the number of applicants/orders exceeds the advertised capacity, and the Principal has been informed of the Agent’s withdrawal.
The Agent is also not obliged to compensate for any damage if the withdrawal is due to circumstances beyond the Agent’s control (outside its sphere of influence), which could not reasonably have been foreseen at the time of contracting (Force Majeure).
If the Agent decides to postpone, modify, or terminate the service due to the above circumstances or a security or political situation after the actual commencement of the service, the Principal is entitled to a full or partial refund of the service fee.
Expiration of a fixed term: The Agency Agreement expires upon the lapse of the fixed period defined in the Definitions. Within the fixed term, the termination of the Agency Agreement can only take place for the reasons and in the manner specified in this chapter. There is no option for unilateral termination without cause.
Immediate termination: The innocent Party is entitled to terminate the Agency Agreement in writing with immediate effect if the other Party commits a serious breach of contract by failing to meet or properly perform a material contractual obligation or behaves in a manner that makes the continuation of the Agency Agreement unreasonable for the innocent Party.
The Agent, in particular but not exclusively, is entitled to terminate the Agency Agreement with immediate effect if:
The Principal, in particular but not exclusively, is entitled to terminate the Agency Agreement with immediate effect if:
In the event of immediate termination by the Agent, the Agent is entitled to the full service fee, and may claim compensation for any damage caused.
In the event of immediate termination by the Principal, the Agent is required to refund the proportional part of the service fee for the unused period and may claim compensation for any damage incurred, provided that the compensation does not exceed the amount paid by the Principal for the terminated Agreement.
The Agent is only responsible for the continuous provision of the services it directly provides, ensuring that the quality and standard comply with this GTC. Regarding indirect services provided through third-party contributors, the Agent undertakes to promptly take the necessary steps to resolve any issues affecting the availability or quality of the service upon notification by the Principal. If the third-party contributor fails to resolve the issue within a reasonable time or if the frequency of the issue renders the service unusable, the Agent will, if necessary, engage another contributor to ensure the service provision.
Except in cases of intentional or grossly negligent damage, the Agent is not liable for damage to any property or assets brought into or stored within the Community Office.
The Agent is not liable for the behavior of third parties using the office services within the Community Office. The Agent will apply the legal consequences outlined in this GTC against any Principal who breaches their Agency Agreement or House Rules.
The Principal acknowledges that there may be exceptional restrictions on the purchased services if the Agent organizes a seminar or exhibition, about which the Agent will notify the Principal at least 24 hours in advance. In such cases, the deadlines in the contract will be automatically extended by the duration of the seminar or exhibition. The Principal further acknowledges that the number of workdays affected by such events may not exceed two within 31 calendar days.
The Agent is exempt from liability for failure to fulfill or delay in fulfilling obligations under the Agency Agreement if the failure or delay is caused by force majeure. Force majeure refers to any extraordinary event occurring after the conclusion of the Agency Agreement that the Agent could not foresee or prevent within its control and is not due to the Agent’s fault or negligence. Such events include, but are not limited to, war, revolution, strike, fire, flood, epidemic, road closures, natural disasters, earthquakes, etc.
If a force majeure event prevents the performance of the Agreements, the Agent must immediately notify the Principals with valid Agency Agreements about the force majeure event, its cause, and the expected duration. In the event of force majeure, the contractual deadlines will be automatically extended by the duration of the force majeure event.
By entering into the Agency Agreement, the Agent declares that it has made the current text of this GTC available by publishing it on the website and placing it in a publicly accessible area within the Community Office, enabling the Principal to review it before entering into the Agency Agreement.
At the time of entering into the Agency Agreement, the Principal must state whether they request the GTC text they reviewed and explicitly accepted at the time of the contract in paper or electronic format.
The Agent reserves the right to unilaterally amend the provisions of this GTC at any time. The amended GTC will enter into force on the date indicated on the cover page, which may not be earlier than the day the amended GTC is published on the website and in the printed form available at the Community Office. The amendments will apply to Agreements concluded after the effective date of the amendment, except for the following:
In the case of amendments to the House Rules, the amended House Rules will apply to already concluded Agreements. The Agent is required to send the amended text of the House Rules electronically to the Principals with valid Agency Agreements at least 8 (eight) days before the effective date of the amended House Rules.
This GTC and the individual Agreements shall be governed by Hungarian law. In matters not regulated by this GTC or the Agreements, the provisions of Hungarian law shall apply.
If any provision of this GTC differs from any term in the Agreement, the latter shall prevail.
All legal disputes arising from the conclusion, validity, enforceability, interpretation, performance, termination, breach, and the rights and obligations of the Parties under this GTC and the Agreements concluded under it, with consideration to the applicable jurisdictional thresholds, shall fall under the exclusive jurisdiction of the Budai Central District Court. Legal disputes falling under the competence of the tribunal shall be adjudicated by the competent court according to the general rules of the Civil Procedure Code.
