General Terms and
Conditions
These General Terms and Conditions (“GTC”) lay down the terms and conditions of using Cyberjump trampoline park (address: 1117 Budapest, Hengermalom út 21., “Cyberjump trampoline park”) operated by Elevenpark Kft. (“Operator”), and using the https://buda.cyberjump.hu website as well as the rights and obligations of the parties and other guests accompanying them (“Parties”).
The detailed, practical and security rules regarding the use of Cyberjump trampoline park are laid down in the House Rules (“House Rules”), the regulations regarding the processing of the Parties’ data are laid down in the “Privacy Policy”, and information concerning the CCTV system is available in the “Information on Camera Usage”, which constitute the annexes of the GTS (GTS and its annexes shall be hereinafter jointly referred to as “Contract”).
I. DEFINITIONS
Operator: Elevenpark Kft.
Registered seat: 2085 Pilisvörösvár, Szent Erzsébet utca 45. | Registered Company Registry Court of Budapest Environs Regional Court | |
Address of Cyberjump Trampoline Park: 1117 Budapest, Hengermalom út 21. | Company registration number: 13 09 130348 | |
Represented by: Stefan Fritsch |
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E-mail: info@buda.cyberjump.hu | Tax number: 14848285-2-13 |
Guest: Any person actually using the services of Cyberjump Trampoline Park; in case the guest is a minor, Guest shall mean the adult accompanying, or the statutory representative of, the minor person, as well as the person who places an order for the services of Cyberjump Trampoline Park.
Reservation: A Guest may use the services of Cyberjump Trampoline Park after making a reservation in advance.
Service: Cyberjump Trampoline Park is the largest trampoline facility in Hungary, offering toys and equipment of the highest quality. The Guests may use the trampolines and other jumping equipment at Cyberjump Trampoline Park for sport and leisure purposes.
II. Scope and Validity
- Unless agreed otherwise by the Parties, this Contract shall be concluded for an indefinite period.
- The place of service provision under this Contract shall be the territory of Cyberjump Trampoline Park, Hungary.
- The Contract shall be concluded by sending a written confirmation after finalizing the Reservation, and it shall remain in force until leaving the Cyberjump Trampoline Park.
III. Registration
- Only registered Guests may use Cyberjump Trampoline Park.
- Guests shall provide the following personal data during registration: (a) surname, first name, (b) date of birth, (c) e-mail address, (d) ) login password. The e-mail address provided during registration shall be used as the unique identifier (user name) of the Guest. For minor Guests, the surname, first name, and date of birth of the child shall be provided.
- Guests may register at the Operator’s website (https://buda.cyberjump.hu/), the registration portals at Cyberjump Trampoline Park, or by filling out a data sheet on site as a fallback option.
- The Guest shall provide true data during registration. The Guest shall acknowledge that the Operator may verify such data when entering the Cyberjump Trampoline Park, and entry may be denied if the provided data is untrue. Liability for any and all damages that may arise from providing incorrect or false data shall be borne by the registering Guest. The Operator shall be entitled to reject any incomplete or incorrect Reservation, and in case of doubt, the Operator shall be entitled to verify the Guest’s data.
- When finalizing the registration, the Guest shall accept the Privacy Policy, the GTC and the Statement of Individual Liability. The Guests shall declare that he or she is aware of and has accepted the fact that group pictures and videos may be taken and exploited by the Operator on the territory of the Cyberjump trampoline park, and he or she may make a statement concerning the acceptance of newsletters.
- After submitting the registration, the system shall send a confirmation email to the Guest.
IV. Rules of Making Reservations and Purchasing Tickets
A, General rules
- Guests may enter Cyberjump Trampoline Park only at reserved times specified in advance or on site. Reservations may be made during working hours for 1 hour long intervals.
- It may be possible to make a Reservation for more than 1 interval. The recommended period of use is 1 to 2 hours.
B, Booking and buying tickets on the Website
- At booking on the https://buda.cyberjump.hu/ website, the Guest shall specify the following: the type of the ticket (1 hour / 2 hours ticket, Friday Night Jump, Family Tickets, Birthday packages), the number of Guests, the dates and times the Guest wishes to reserve. In case buying socks (required for trampolines) is requested, the number and size of the socks shall also be specified.
- It is possible to make a reservation and to buy tickets for up to 30 persons.
- In case of booking more persons, the Guest making the reservation shall be responsible for the payment in full, regardless of the number of participants or any kind of internal settlement amongst them, and shall inform the other participants about the terms and conditions of entering the Cyberjump trampoline park as described below under Section D.1.
- Finalizing the booking and before the online payment, the Guest shall provide the following information: Whole name, e-mail address, phone number, address. After the Registration and providing the necessary data, the Guest shall accept the terms of these GTC. The acceptance of the terms and conditions is tied to the registered user account of the Guest.
- After clicking the “Finalize purchase” button, the system moves to the OTP SimplePay payment site. Payment is only possible with of bank card mentioned on the Website of Cyberjump, through the OTP card payment terminal (VPOS-SimplePay). Here, the Guest shall provide the data necessary for the payment: Name on the bank card, the number of the bank card, date of expiry and the validation code (CVC2 or CVV2). After this, the transaction will be finished by clicking the “Payment” button.
- The OTP SimplePay website will send an e-mail about the payment, however, this shall not be deemed as the confirmation of the booking; in this regard the Operator will send a separate confirmation.
- The Operator is not responsible for any potential failures occurring during the online card payment process. At the payment, the Guest shall be responsible for having the authorisation required to bank card, and for the accuracy of the provided payment information. The Guest is also responsible for any damage occurring from providing a wrong e-mail address.
- After finishing the purchase the system will return to the website of Cyberjump, where the following data of the purchase may be seen: SimplePay reference number, Purchase order identification and the time of the booking.
- After successful booking and purchase, the Guest will receive a confirmation e-mail (to the registered e-mail address) and the printable ticket containing the QR code in pdf form. If the confirmation e-mail with the ticket is not arriving within 2 hours, and it is not in the spam folder either, the Guest shall contact the Customer Service (https://buda.cyberjump.hu/en/contact).
- The confirmation e-mail sent to the registered e-mail address of the Guest shall be regarded as confirmation of the booking and thus as commencement of providing the Service
- The Guest shall show the ticket (the QR code) by entering the Cyberjump trampoline park either printed or on his phone.
- The electronic invoice about the purchase will be sent via e-mail in 24 hours.
- Information regarding the OTP SimplePay online payment system and safety tips may be found in the “Payment Information’, which you may also find on the Cyberjump website.
C, Booking and buying tickets on the Site
- It is also possible to purchase tickets at the Cyberjump Trampoline Park.
- It is possible at the site to specify the type of the ticket and a time of booking, and to buy the ticket at the cash desk with cash or via bankcard payment.
- The provisions regarding to the booking and payment and the acceptance of the terms of use (see Section D.1.) shall be applicable as reasonable.
D, Entry (Check-in)
- When entering the site, the Operator shall be entitled to verify that the following conditions of use are met:
- The Guest has a ticket with a valid QR code;
- The Guest has registered and has accepted the Operator’s GTC, the House Rules, and has made a Statement of Individual Liability;
- The Guest is in suitable physical and mental state;
- The Guest weights no more than 110 kg;
- Minor Guests may only enter Cyberjump Trampoline Park with a filled parental liability statement. During the use of the trampolines for Guests under the age of 10 parental advisory is strongly recommended;
- The Guest has a pair of special socks that are necessary for using the equipment.
- Cyberjump Trampoline Park may be used only if the conditions above are met, otherwise the Operator may deny entry to the site.
- If a ticket is purchased for more persons, each unregistered guest shall register before entering.
- Even if the Guest fails to arrive on his booking time and delays the starting date of the game, the ending time and the purchase price shall still remain unchanged.
- Upon entry, each Guest is provided with an armband, in the colour of which is determined by the reserved periods, which shall be worn during the entire period of using Cyberjump Trampoline Park. The Guest shall wear this armband at all times during his/her stay. The Ninja Warrior Field shall only be used by Guests with the height above 150 centimeters. The Ninja Warrior Field is not recommended for Guests with the fear of height. The Ninja Warrior Field may put heavy pressure to the arms, hands and upper body.
V. Service Fee
- The Services of Cyberjump Trampoline Park may be used in possession of a ticket. The types and prices of tickets, and other fees are published at https://buda.cyberjump.hu/en/prices-opening-hours and are also available at the cash desk of Cyberjump Trampoline Park, as well as on the website used for making Reservations online.
- In case of making or using individual requests, large groups, company events, prize games, coupon discounts etc., the Operator may determine other or ad hoc prices for using Cyberjump Trampoline Park.
- The Service Provider reserves the right to change the prices of tickets published on its website at any time. The published prices are gross prices and include the amount of VAT.
VI. Using Cyberjump Trampoline Park
A, Compliance with the House Rules
- In the course of using Cyberjump Trampoline Park, the Guest shall observe the House Rules and the rules displayed on each toy. The House Rules are published at https://buda.cyberjump.hu/en/house-rules
- In case of violating the House Rules, the Operator shall be entitled to stop the game, and/or remove the violating Guest from Cyberjump Trampoline Park without any refund.
- By accepting these GTC, the Guest agrees that he or she shall not use the Service to harass, insult, defame other Guests or to violate the personality or other rights or lawful interests of any third party in any way.
B, Statement of Individual Liability
- The Guest shall use the toys and equipment at Cyberjump Trampoline Park at his own risk. The Guest shall sign the Statement of Individual Liability when entering Cyberjump Trampoline Park at the latest.
- As for minors below the age of 18, the Statement shall be signed one (at least 18 years old) of the following persons:
- Parent or statutory representative
- Supervisor, accompanying adult
- The Statement of Individual Liability may be signed by the following means:
- Online, during or after registration (valid for 12 months)
- Submitting a paper-based document (valid for 1 entry); the Statement is available in pdf format for downloading and printing here.
- If the Guest is a minor, a Statement of Liability by the accompanying adult or a parent shall also be provided.
The Statement of Parental Liability may be downloaded from the www.buda.cyberjump.hu website or may be requested upon entry. If a parent of the minor has already registered, and the minor has been named during registration, the scope of the Statement of Individual Liability made during registration shall also cover the minor Guest.
VII. Breach of contract, liability
- The Operator shall take all reasonable effort to ensure that the Service is operated in a safe and compliant manner, but it shall not be liable for any loss or damage that may arise from the malfunction or other inadequacy of the system providing the Service.
- The Parties specifically agree that the Operator shall not be liable for any damage specified in Section 6:143 (2) of the Civil Code, whether or not such damages may have been caused by the Operator by breach of contract or without any contract. This limitation of liability shall not apply to any breach of contract caused deliberately or resulting in any harm to human life, physical integrity, or health (Section 6:152 of the Civil Code), or to liability for damages caused deliberately or resulting in any harm to human life, physical integrity, or health (Section 6:526 of the Civil Code).
- The Operator shall not be liable for the errorless or undisturbed operation of Service and/or the online surfaces used to make Reservations and purchase tickets; with a view to improving, modifying, or maintaining the Service or such surfaces, the Operator shall be entitled to suspend the given site or the operation of Cyberjump Trampoline Park. The Operator shall not be liable especially for the behaviour of other guests.
- The Guest shall use the Service at his own risk.
- The Operator shall be entitled to reject the Reservation of the Guest in justified cases, for example, in case of providing false or incomplete data, or abusing the Service or a ticket in any way.
- If the Operator has reason to believe that the Guest fails to use the Cyberjump Trampoline Park’s equipment in a contractual manner, it shall be entitled to prohibit the use of, and ban the Guest from, Cyberjump Trampoline Park with immediate effect. In justified cases or upon request by the Guest, the event shall be recorded by the Operator in a protocol.
- The Guest may not jeopardise the security of the online surfaces used to make Reservations and purchasing tickets. Such behaviour may result in civil and criminal sanctions. The Guest shall undertake not to use any tool, software, or procedure that may interfere, or may attempt to interfere, with the normal operation of online surfaces used for making Reservations and purchasing tickets, or with any other activity to be pursued on the Operator’s website.
- The Guests shall bear unlimited liability for using the toys and equipment of Cyberjump Trampoline Park in an ordinary and intended manner. The Operator hereby excludes its liability for any and all damages that may arise from the unintended or unlawful use of Cyberjump Trampoline Park. In the above cases and/or in case of damaging the set, the Guest shall be obliged to pay compensation for the damages caused (financial damage and loss arising from any delay) to the injured party.
- The Guest shall bear full liability for any and all damages caused to any third party in the course of using Cyberjump Trampoline Park through the accountable behaviour or omission of the Guest. This compensation duty shall include any and all demands and costs of any kind that may arise from any claim, shortfall, damage, lawsuit or other official proceeding, judgement or decision, procedural cost and attorney’s fee.
- For technical reasons relating to third-party insurance, any claim for damages shall be reported on site without delay and shall be recorded in a protocol by the staff; and the claim for damages and the amount thereof shall be specified in writing within 6 months.
VIII. PRIVACY
- The Guest consents that all data disclosed in relation to the Service or learned by the Operator may be processed by the Operator in line with the Privacy Policy. The Guest also declares that he has obtained the consent, as required under current data protection legislation, of any third party the personal data of whom may have been disclosed (personal data of third parties participating in the game).
- In case of booking and buying tickets on the website the Guest accepts by clicking the “Finalize purchase” button that Elevenpark Kft. (2085 Pilisvörösvár, Szent Erzsébet utca 45.) provides the following personal data stored in its user database at https://buda.cyberjump.hu to OTP Mobile Kft. (1093 Budapest, Közraktár utca 30-32.): user name, family name, given name, country, phone number, e-mail address.
The purpose of data transmission: customer support for users, confirming transactions and fraud-monitoring in order to protect users. - The Guest acknowledges that, for electronic monitoring purposes, the Operator has installed cameras in Cyberjump trampoline park at the locations indicated on the sketch published at the entrance of Cyberjump trampoline park, in line with the notice also published at the same place.
- During the registration and by entering Cyberjump trampoline park, the Guest gives his or her consent (implied by conduct) to the Operator to use online (webpage, facebook, Instagram, youtube, google+) any and all group photos and group or pan-tilt-zoom video footages taken on the Territory (without any further consent).
- The Operator shall be entitled to send newsletters to the e-mail address provided by the Guest during registration, and to inform the Guest about the events, promotions, and other news of the Operator.
IX. Amendment
- The registered Guest may modify his/her reserved date and time in regard of previously purchased tickets and with the same terms and conditions within 48 hours of the original reserved date/time. In such case the Guest shall choose from currently available dates and times. The Guest may only modify the reserved date and time and shall not convert tickets to vouchers. The Guest may not modify the type and the duration of his/her ticket.
- The reserved date/time may only be changed by the Guest for whom the ticket is purchased and placed in the Guest’s account. The Guest may solely modify the reserved date/time in the Guest’s account on the https://buda.cyberjump.hu webpage.
- Purchasing additional tickets is only permitted in the online ticket-store without the modification of the reserved date/time.
- The Guest who purchased his/her ticket on location, without registration may modify his/her reserved date/time by sending an e-mail to the jegy@buda.cyberjump.hu e-mail address or personally on location within 48 hours before his original reservation.
- Since the legal relationship between the Parties under these GTC is established for a specific gaming period of a given day, the Operator reserves the right to unilaterally amend the provisions of this Contract with ex nunc effect regarding the use, operation, and opening hours of Cyberjump Trampoline Park, including the conditions of and the fees for using Cyberjump Trampoline Park. Such amendments shall not affect tickets and Services already purchased.
- The Operator shall publish any and all changes and amendments to these GTC, the Service, and the prices (for tickets or other services) on its website.
X. Rescission, termination of the Contract
7. The Guest shall not return the purchased ticket, regarding that Operator is providing such free-time related service under these GTC which has a specific due date and specific frame of time. These conditions may be applied to all Guests who are not regarded legally as “Customers” for all instances of purchase and in case of Guests who are legally regarded as “Customers” for ticket purchases at the cashier’s desk.
8. According to Section 29 of Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and undertakings, the Guest shall not be entitled to rescind from the contract without any justification as stipulated in Section 20, since – in line with Section 29 (1) (l) of the Government Decree – this Contract is concluded for leisure activity related services for which a date of performance (reserved date and time) has been specified in the contract.
9. In any unwanted cases when the service is down, Operator shall inform Guests on Cyberjump Trampoline park’s webpage (https://buda.cyberjump.hu). Registered Guests shall be informed in e-mail and additionally also about the possibility of returning and other usage of tickets.
10. Withdrawal from the purchase of the gaming socks may only be the right of Guests who are legally regarded as Customers in accordance with the Government Decree cited in point X.2.
XI. Complaints, Dispute Resolution, Jurisdiction
- A The Guest is able to make his complaint, which will be investigated by the Operator immediately. If the Guest does not consent with the handling of the complaint, or the immediate investigation of the complaint is not possible, the Operator will draw up minutes about the complaint and the viewpoints and give one example to the Guest. The example of minutes will be given to the Guest at place in case of oral complaint, and sent – not later than – with the substantive answer in case of making the complaint via telephone or via other electronic ways according to section XI.2.
- The Operator and the Guest shall attempt to settle any and all disputes via negotiations out of court. In case a legal dispute arises between the Operator and the Guest, the complaint shall be sent in written form to the Operator via post or e-mail (info@buda.cyberjump.hu). The Operator shall investigate the complaint and shall inform the Guest in writing about its findings via post or e-mail within 30 days. In case the Guest does not accept the findings of the Operator, he may request the Operator in writing to enter into discussions within 8 days of receipt of the response. If the discussions do not reach a conclusion within 14 days after receipt of the Guest’s request by the Operator, the Guest may seek remedy in court/other authority or in Arbitration Board.
- The Code of Conduct regarding unfair business practices against consumers is available here: MKIK Code of Ethics: https://mkik.hu/az-mkik-etikai-kodexe
- In case of a consumer-right-dispute the Guest is entitled to appeal at Arbitration Board according his/her residence. The seats, the telephone numbers, the contacts and the postal address of the Arbitration Boards are available at the following website https://bekeltetes.hu/udvozlo.
- The Guest is entitled to appeal at Consumer Protection Authority (the competent district office of his/her residence) in the event of violation of his consumer rights. The list and the availability of the offices can be found at the following website: http://jarasinfo.gov.hu
XII. Miscellaneous provisions
- According to the Copyright Act LXXVI of the year 1999 the Operator’s website (https://buda.cyberjump.hu) is a unique assemblies collections of works, on that base, this website and every content placed on it is under copyright. It is prohibited to use the website’s external display (design) such as designs for fine art which is made by computer graphics, the softver, the rules, the policies and by-laws, furthermore to apply any application which can modify the website or the part of the website without the prior written consent of the rightholder. To take over from the website or any content from the database can be performed with the prior written consent of the rightholder and with the reference of the website and the acknowledgement of the source. The rightholder is the Operator.
- These GTC is available at the Operator’s website (https://buda.cyberjump.hu/en/general-terms-and-conditions). A hard copy of the currently effective provisions of these GTC is publicly available at the reception of the Operator.
- Any and all issues not regulated herein shall be subject to the relevant provisions of the Civil Code, Government Decree No. 45/2014 (II. 26.) on distance contracts, Act CVIII of 2001 on certain issues of electronic commerce services and information society services, and other relevant pieces of legislation.
These GTC shall enter into force on 1 Januar 2018.