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GENERAL TERMS OF CONTRACT
for the services provided by Lupa Strand Korlátolt Felelősségű Társaság
Effective date: 14.07.2023.
These General Terms of Contract (hereinafter: GTC) specify the general terms and conditions applicable to the legal relationship between Lupa Strand Korlátolt Felelősségű Társaság (hereinafter: Provider), ticket buyers and visitors for using services (hereinafter: Services) provided within the territory of Lupa Beach (address: 2011 Budakalász, Tó utca 1) operated by Provider, and for all events and programs organised by Provider and held in the territory of Lupa Beach (hereinafter: Event(s)) as well as the general terms and conditions of attendance at such Events.
The legal relationship between Provider, ticket buyers and visitors concerning the Services provided, and attendance at Events held in the territory of Lupa Beach shall in every case be governed by the provisions of this GTC and of inseparable annexes hereof.
Provider informs Consumer that the GTC effective at all times and the Payment Policy, House Rules, Parking Rules as inseparable annexes hereto as well as the privacy policy not constituting a part of this GTC are available for reading and printing on the website http://lupato.hu and its subpages, and also available at Provider’s registered office (2011, Budakalász, Tó utca 1), ticket offices and information points.
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Provider name: |
Lupa Strand Korlátolt Felelősségű Társaság |
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Registered seat: |
2011 Budakalász, Tó utca 1. |
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Company registration number: |
Cg. 13-09-181872 |
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Registered by |
Registration Court of Budapest Regional Court (Budapest Környéki Törvényszék Cégbírósága) |
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Registrar (in charge of keeping the trade register): |
Chief Clerk of the Mayor’s Office of Budakalász Municipality (Budakalász Önkormányzatának Polgármesteri Hivatala Jegyzője) |
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Provider’s tax number: |
25594746-2-13 |
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Provider’s membership in |
Budapest Chamber of Commerce and Industry |
For the purpose of these General Terms of Contract:
III. SCOPE OF THE GTC
2.1. Purchasing tickets electronically
Online ticket purchases are provided by Provider via its own online sales platform or by involving a specialised Contractual Partner, via a safe online payment interface provided by a financial institution. Such systems do not provide a booking option, but Provider may make exceptions in certain cases. Once the necessary data are provided, this GTC is accepted and the successful banking transaction, Provider or their Contractual Partner will send a link to the e-mail address provided by Ticket Buyer. By clicking the link Ticket Buyer can download the relevant Ticket(s). If Ticket Buyer receives the Ticket(s) due to technical reasons, Provider will, upon receiving Ticket Buyer’s notification to that effect, resend the same free of charge to the e-mail address provided by Ticket Buyer. Since the Provider sending the e-mail will cause the Ticket purchase to be closed and the Ticket received, it is Ticket Buyer’s sole responsibility to indicate to Provider without delay if they have not received the Ticket.
A separate certification (voucher and/or some other electronic solution suitable for individual identification [e.g. QR code]) is sent for each ticket purchased, therefore – depending on the number of tickets purchased – the Ticket Buyer will find one or more links on the download page for each purchase. Each link will point to a separate certification (voucher and/or some other electronic solution suitable for individual identification), therefore all the certificates will need to be presented when multiple Tickets are purchased. At the Ticket POS at the entrance of Lupa Beach (which, in case of an Event is also the Entrance to the Event location), Provider will provide, in exchange for one certification (voucher or some other electronic solution suitable for individual identification), one wristband and, subject to the nature of the Ticket, related wristbands.
Ticket Buyer will be responsible for keeping the certification (voucher and/or some other electronic solution suitable for individual identification) and for presenting the same when entering Lupa Beach/Event, in the appropriate form according to the information received upon purchase.
Provider expressly calls the attention that Tickets (vouchers and/or other electronic solutions suitable for individual identification) are bearer tickets and do not name a purchaser/ holder, i.e. Ticket registration or assignment of a predefined person to a particular Ticket will not be possible, such registration or assignment is done upon entry to Lupa Beach/Event in line with the provisions of section VI/1. For the security of transactions, although no holder or purchaser is indicated on the Tickets, Provider will keep Ticket Buyers’ data in accordance with the provisions of the data processing policy and such data will be linked to the purchased tickets in Provider’s database. Provider will keep the following data of the tickets sold electronically, as specified in the data processing policy: e-mail address, name/ type of ticket, ticket price.
Contrary to the aforesaid, Non-visitor Tickets will be assigned to specified Visitors in accordance with the contracts underlying their issue.
Provider will issue the wristwatch to the person at the Ticket POS at the entrance of Lupa Beach (which, in case of an Event, also represents the Entrance to the location of an Event) who is the first to present the code in the certification (voucher or other electronic solution suitable for individual identification). In case of any misuse of certifications (for instance previous unauthorised entry with the code), Provider will not issue a wristband or a new Ticket. Consequently, it is Ticket Buyer or ticket holder’s sole obligation and responsibility to carefully safeguard the certification (vouchers and/or other electronic solutions suitable for individual identification) in a manner that prevents unauthorised persons from having access to them. Provider will not assume responsibility for any misuse.
Provider or its Contributor provides detailed information on online ticket purchasing platforms and contacts, about the detailed terms and conditions of online ticket purchases, in particular about the following topics: conclusion of contracts online, modes of payment and delivery, invoicing, data processing.
Provider reserves the right to charge an administration fee per item for the online service.
2.2 Purchasing tickets in person
Ticket Buyer can receive the Ticket(s) during opening hours at the ticket POSs operated by Provider or by its Contractual Partner, in exchange for cash, or the type of discount card or discount voucher as defined by Provider or in exchange of bank transfer, as simultaneous delivery.
2 3 Transfer of tickets
Tickets may be freely transferred. When a ticket is transferred, the transferor shall ensure that the person obtaining the ticket accepts Provider’s GTC and transferor shall be liable for any damage resulting from their failure to inform. The person obtaining the Ticket is aware that the person transferring the Ticket (and any previous transferors in case of multiple transfers as appropriate) has (or have as appropriate) access to the certification (a voucher and/or any other electronic solution suitable for identification) required to redeem the Ticket for a wristband. The person obtaining the Ticket shall be responsible to make sure that the person transferring the Ticket cannot use such certification any more. The conditions of a transaction aimed at transferring the Ticket are agreed between transferor and the recipient, and therefore the legal relationship between them, including liabilities for any misuse of the Ticket, shall be governed solely by their agreement. Since Provider is not a party to such legal relationship, Provider expressly excludes any responsibility related to the transfer of Tickets, including any misuses (e.g. any previous, unauthorised entry with the code on the Ticket). Please note that in case of misuse Provider will not issue a wristband or a new Ticket to the recipient of the Ticket.
1.1. A ticket will entitle its holder to a wristband only if the holder (in case of more than one transfers, all the previous holders) has obtained the Ticket in a lawful manner. Provider expressly reserves the right, if the admission process raised the suspicion that the ticket holder (or in case or more than one transfers, any of the previous ticket holders) had not obtained the Ticket in a lawful manner (in particular but not only in case of a suspected debit card fraud), to request the ticket holder to present documents and/or a certification supporting the lawful manner of obtaining or purchasing the Ticket, and to adjudicate the adequacy of the same at their own discretion, and in the lack of an adequate document or certification, to invalidate the Ticket without obligation to refund its purchase price and to refuse holder’s admission to the territory of the Beach/ the Event. Provider will assign the wristband to the person identified in the course of the admission process, assigning it to such natural person’s age and other circumstances in cases defined in section VI/1.2 herein, and in the course thereof Provider will request such natural person to verify their identity with a photo identification document, and Provider will read, record, store and process the data of such identification document in accordance with the data processing policy. If the person intending to enter the territory of Lupa Beach/Event is not willing to undergo the process described in the previous sentence, Provider may invalidate the wristband without any obligation to refund the purchase price, and refuse such person’s entry to the territory of Lupa Beach/Event. In case of pre-purchased tickets, Provider may enable wristbands to be assigned to natural persons as previously defined, even on an online interface, which, however, does not mean the assignment of a Ticket to a predefined person, therefore it is invariably important for a ticket holder to keep the Ticket carefully. If justified by circumstances (particularly the large number of Visitors intending to enter), Provider may temporarily suspend the procedures described in this section.
Provider reserves the right to equip the wristband with RFID technology, and provide entitlements assigned to the wristband and verify such entitlements by using such technology.
1.2. In line with the provisions in section VI/1.1 herein, Provider will assign the wristband to the person identified in the course of the admission process, linking it to such natural person’s age and other circumstances in the following cases:
a.) when a Visitor eligible to use a discounted ticket enters the territory of Lupa Beach/Event. People eligible to use a discounted ticket include (i) children aged 0 – 12 who verify their age in the course of the admission process on request of Provider or of their Contributor, by presenting a valid student ID or other document or card issued by a Hungarian institution, and (ii) other persons eligible to the types of discounted tickets defined by Provider may redeem a wristband that certifies the purchase of such discounted ticket and authorises to enter and stay in the territory of Lupa Beach/Event, if the preconditions defined by Provider (presenting a photo ID, address card, discount card) are met;
b.) when a Visitor wishes to enter Lupa Beach/the Event with an electronically purchased or pre-purchased ticket;
c.) Provider may assign the wristband data of children or minors under the age of 14 (fourteen) to the wristband of an adult accompanying such child(ren), in the course of their admission to the territory of Lupa Beach/Event in line with the provisions in section VI/2.5 herein.
1.3. Wristbands worn primarily on the wrist will authorise to stay in the territory of Lupa Beach/Event but in justified cases approved by Provider, one may wear a wristband on another limb where the wristband cannot be removed without being damaged. Provider and Contributors will check compliance with the above provisions upon entry and exit as well as continually at Lupa Beach/Events. Visitor shall be solely liable if a wristband is damaged or lost (including the damage to, or removal of, any RFID chip incorporated therein), and therefore if such an incident occurs, Visitor will lose their rights granted by the intact wristband and shall leave the territory of Lupa Beach/ location of the Event. Damaged wristbands (repeatedly bonded together, cut off, with the press stud opened, in a diameter larger than a fist, or otherwise manipulated, with its RFID chip damaged or removed, etc.) shall be invalid. Damaged and lost wristbands shall not be replaced or changed by Provider.
Furthermore, Provider reserves the right to continually check the entitlement of persons at Lupa Beach/an Event to a wristband. The persons checked shall be obliged to cooperate with Provider and provide adequate information in this respect.
2.1. Only persons authorised to enter may be admitted to Lupa Beach/Events solely through the designated entry points and for the designated period of time.
2.2. Upon entry, Visitors and Unauthorised Attendees will undergo a lawful admission process applicable at Lupa Beach/Event. Provider will be entitled to capture the image of Visitors and Unauthorised Attendees during the admission process and to keep and manage the recordings in order to prevent misuses in connection with admission and to detect the responsible persons, as well as to deliver the recordings to the authorities on authorities’ request in this respect.
2.3. For the safe operation of Lupa Beach/execution of Events, Provider reserves the right to limit the objects and equipment that may be carried into the territory of Lupa Beach/Event, in the House Rules or during the admission process. Food, beverages and tobacco products may be brought into the territory of Lupa Beach/Event to the extent the relevant legal regulations or the House Rules permit. Provider calls Visitor’s attention to check the House Rules.
2.4. It is forbidden to enter the territory of Lupa Beach/Events in a vehicle without a permit issued by Provider. Persons with a vehicle pass shall also fully comply with the requirements of the Road Code (KRESZ) in the territory of Lupa Beach/Events. Provider recommends using community transport or taxi services to approach the Lupa Beach.
2.5. Minors under the age of 14 may enter and stay in the territory of Lupa Beach/Events if accompanied by an adult with full capacity to act. Provider may obligate minors under the age of 14 to wear child wristbands. The accompanying adult will be accountable for the children and to remain in a condition during their stay that allows them to responsibly fulfil their duties resulting from their status. One adult is permitted to accompany up to five children.
2.6. Assistance dogs, guide dogs and police dogs as defined in the relevant legal regulations may enter the territory of Lupa Beach/Events with the proviso that the House Rules may set forth rules for the admission of other pets. Provider calls Visitor’s attention to check the House Rules.
3.1. Visitors shall behave in line with the general norms of conduct in the territory of Lupa Beach/Events in compliance with the relevant legal requirements, the GTC and the House Rules. Visitors shall refrain from conduct, statements and acts that may endanger or violate the personality rights, lives, health or physical integrity of other people. Visitors shall pay particular attention to care for natural assets in the territory of Lupa Beach/Events and refrain from damaging them. Visitors may not enter the closed areas accessible from the territory of Lupa Beach/Events. Visitor acknowledges that sports fields, playground and (entertainment, catering) units functioning the territory of Lupa Beach/Event used with the Ticket purchased from Provider also pertain to the territory of Lupa Beach/Event, and therefore entry and stay therein shall also be governed by the provisions of this GTC and of the House Rules. Furthermore, Visitor acknowledges that the provisions of the House Rules will also apply to Visitors entering the parking lot attached to Lupa Beach.
3.2. Visitor acknowledges that Provider and the Contractual Partners authorised by Provider, Contributors, press officers, other Visitors and other Third Parties may make audio and visual recordings in the territory of Lupa Beach/about Events. Accordingly, by entering the territory of Lupa Beach/ by attending Events Visitor gives its express consent that his/her face, appearance and conduct are recorded and disclosed with the proviso that such recordings may name Visitor solely with his/her express consent. If a Visitor is considered a politically exposed person, (s)he can be named even without his/her consent. Their maker shall acquire transferable and exclusive right to use the recordings as detailed above with respect to Visitor, without limitations in space, time and mode of utilisation. Provider and persons authorised by Provider may utilise, use (especially to promote Lupa Beach/Events), reproduce, disclose, adapt, publish, broadcast to the public and distribute such presentations in relation with Visitors without limitations, and without having to provide any remuneration for it to Visitor. Visitor expressly acknowledges that Provider may record the territory of Lupa Beach (even in periods outside Events), and will record the Events (concerts, shows and programs), reproduce and distribute on image storage media, broadcast, otherwise transmit to the audience, repeatedly broadcast or otherwise transmit to the audience the recordings made as per this section, including where the recordings made in the territory of Lupa Beach (in periods outside Events)/ Event (concerts, shows, programs) are made accessible to the public by cable or by any other means or in any other manner (e.g. via YouTube), allowing members of the public to individually choose the place and time of such access. Visitor may not make any demand or claim against Provider in relation with the presentation of the recordings. Visitors may record audio and video/images in the territory of Lupa Beach/Events with the proviso that they can make it with a video and sound recorder integrated into a telecommunication device (e.g. mobile phone or tablet) used solely for private purposes, and not with professional photo equipment, and that they may not sell the video and audio recording made by them or utilise it for remuneration, or use it for commercial purposes even without receiving remuneration, and may not name the Visitors appearing in the recordings or violate such persons’ personality rights. Provider expressly excludes their accountability in case other Visitors violate the above.
3.3. No business, commercial or advertising activities may be pursued at Lupa Beach/Events, including the area in front of the entrance of Lupa Beach/Event, without Provider’s prior written permit.
3.4. Commercial and catering units are forbidden to serve alcoholic beverages to persons under the age of eighteen and to intoxicated persons in the territory of Lupa Beach/Events. Under the relevant regulations in force, it is forbidden to use substances classified as (psychoactive) drugs in the territory of Lupa Beach/Events; it is punishable by law. Provider reserves the right to introduce a system in the territory of Lupa Beach/ at Events where alcoholic beverages may be sold to Visitors only after the Visitor presents an authorising certification (e.g. wristband) received after their prior or first identification.
Visitors shall act and behave in a civilised manner, complying with the general norms of conduct at the venue of, on their way to and from the Event, in accordance with the requirements of the applicable legal regulations.
Visitors shall refrain from all such conduct , statements and acts that may endanger or violate personality rights, lives, health or physical integrity of other people, particularly other Visitors and local resident Third Parties.
5. Lost items
If you find any lost property, please leave it at the ticket office where it is entered in the lost&found register. You can inquire about any lost items at the ticket office.
Provider assumes no responsibility for objects placed in luggage lockers provided solely for convenience (locker keys are available at the ticket office), or for any clothes or other property left in the lockers or changing cabins. Furthermore, Provider shall not be liable for any clothes or other belongings brought to the Beach or for property left in the bicycle storage.
It is not recommended to have valuable jewels or large amounts of cash, etc. to the Beach/Event, because the Beach assumes no responsibility for them.
Provider’s adequately qualified and licensed employees or Contributors ensure the enforcement of rules of conduct and of security in the territory of Lupa Beach/Events. By attending Lupa Beach/Event, Visitor expressly undertakes to fully cooperate with such Contributors to the extent required by law, and to follow their instructions in cases of emergency or if other important circumstances (such as public health reasons) require so.
First aid and medical service are permanently available at Lupa Beach/Events. Nevertheless, wristbands themselves will not authorise Visitors to use such services; they may use them only on the account of social, health or travel insurance or for a fee.
Free and paid Services and Products are available at Lupa Beach/Events. Visitor agrees to pay for every paid Services and Products and assumes responsibility to pay every purchase price, fee and charge in a timely manner.
Visitor shall settle the values of paid Products and Services via solutions enabling cashless payments as per the document constituting Annex 3 to this GTC.
The Houser Rules constitute Annex 4 to this GTC. The House Rules sum up the key information about visiting Lupa Beach/Events (name, location, opening hours, etc.) as well as the main rules of conduct, also defined partially in this GTC, to be followed at Lupa Beach/Events. Please note that the House Rules may be amended without any prior notice, even directly before an Event. Provider recommends to check the House Rules for any change. The currently effective House Rules are available on Provider’s website http://lupato.hu and its subpages as well as at Lupa Beach/Events.
VII. WARRANTY AND LIABILITY
VIII SANCTIONS
Provider will be entitled without limitations to utilise, use, reproduce, disclose, adapt, publish, broadcast to the public and distribute Consumers’ observations without having to provide any remuneration for it.
If as a consequence of war, insurrection, terrorist act or threat thereof, strike or non-strike movement, import or export embargo, accident, fire, blockade, flood, earthquake, natural disaster, severe storm, severe energy supply disruption, severe traffic disruption/ obstruction, epidemic, official, military or law enforcement order, instruction or act, or any other unforeseeable and unavoidable impediment outside the Provider’s control, Provider is unable to fulfil any of its contractual obligations, Provider shall not be liable to Consumer for any loss or damage which resulted from such events. This Force Majeure provision applies both to the territory of Lupa Beach/ a particular Event as a whole and to any program or Service realised in the territory of Lupa Beach/ the Event in question.
Chapters V and VIII and sections VII/6 and VII/7 of this GTC will not apply to free Events organised by Provider, while sections III/3, III/4, VII/1, VII/5 and VII/8 and Chapters IV and VI hereof will be applicable mutatis mutandis as a result of the free nature of the Event.
XII. CLOSING PROVISIONS
Any matters not regulated in this GTC shall be governed by the provisions of the Act V of 2013 on the Civil Code.
Budapest, [*] 2017
Annex 1: information to consumers about implied warranties, product warranties and guarantee
What are your rights under your implied warranty claim?
You may, at your discretion, make an implied warranty claim for the following:
You may request correction/repair or replacement, except if your claim is unfeasible or would cause disproportionate extra costs to Provider compared to other claims. If you have not requested or could not request correction/repair or replacement, then you may demand delivery proportionate to the remuneration or may repair or cause someone else to repair the defect at Provider’s cost or, as the last resort, withdraw from the contract.
You may change your right to implied warranty to another right, but you shall bear the costs of such change unless it was justified or Provider gave cause for the change.
What is the deadline for enforcing implied warranty claims?
You smut report the defect immediately but no later than two months after the discovery thereof. Please note that you may not enforce your implied warranty rights after the two years of limitation period.
Who may you enforce implied warranty claim against?
You may enforce your implied warranty claim against Provider.
What are the other preconditions to enforce implied warranty rights?
Apart from reporting the defect, you do not need to meet any other preconditions in order to enforce your implied warranty claim within six months after performance, if you verify that Lupa Strand Kft as a Provider provided the product or service. Beyond six months after performance, however, you must prove that the defect you discovered already existed at the time of performance.
When can you exercise your right to product warranty?
In case of the defect of a moveable item (product), you may enforce, at your choice, your right defined in section 1 or a product warranty claim.
What are your rights under the product warranty claim?
As a product warranty claim, you may only demand the repair or replacement of a defective product.
In what cases are products regarded defective?
A product is defective if it does not meet the quality requirements effective at the time of its placement on the market or if it does not have the properties detailed in the product description provided by the manufacturer.
What is the deadline for enforcing product warranty claims?
You may enforce your product warranty claim within two years after the manufacturer placed the product on the market. When that period has lapsed, you lose the product warranty rights.
Who may you enforce your product warranty claim against and what other conditions apply?
You may enforce your product warranty claims solely against the manufacturer and distributor of the movable item. In order to enforce product warranty claims, you must prove the defect of the product.
In what cases is the manufacturer (distributor) exempt from the product warranty obligation?
The manufacturer (distributor) is exempt from their product warranty obligation solely if they can prove that:
– they did not produce or placed on the market the product as part of their business operation, or
– the defect could not be detected according to the state of science and technology at the time of placing the product on the market, or
– the defect of the product results from the application of some legal regulation or a mandatory regulatory requirement.
For the exemption, it is sufficient for the manufacturer (distributor) to prove a single cause out of the above ones.
Please note that you may not enforce an implied warranty claim and a product warranty claim at the same time, in parallel, for the same defect. In case of the successful enforcement of your product warranty claim, however, you may enforce an implied warranty claim for the replaced product or the repaired part, against manufacturer.
Annex 2: sample statement for consumers to exercise their right of withdrawal
(Complete and return it only if you intend to withdraw from or terminate the contract)
Addressee:
I/ we, the undersigned, hereby state that I/ we exercise the right of withdrawal/ termination in terms of the contract aimed at the sale and purchase of the following product(s) or at providing the following service:
Date of concluding the contract/ of take-over:
Consumer(s) name(s):
Consumer(s) address(es):
Consumer(s) signature(s): (Only in case of statements made in paper form)
Date:
Annex 3: Payment Policy
Festipay card is an electronic purchase voucher issued by Provider, which Provider may unilaterally require to be used as an exclusive or non-exclusive means of payment in the territory of Lupa Beach/at Events. The card is an RFID card using contactless technology. The card is not a bank card or a cash equivalent payment instrument.
The card can be used for making payments at Lupa Beach/Events at commercial units operated at Lupa Beach/Events.
The balance remaining on the card can be redeemed until the last redemption time set in section 8 herein, and the rules of such redemption are also detailed in section 8 herein. The card does not contain any information about card holders. The card becomes valid upon its reception and can be used after topping up. You can take over the card for a deposit of HUF 500, which will be refunded when the card is returned free of any damage. The amount of bank card convenience fee is HUF 100. The payment of the deposit is confirmed by a top-up receipt received upon the first top-up.
Registration can be done in a text message or via the Festipay application.
To register by a text message, you must send the following text in a text message to the telephone number +36 30 344 4410: REG <12-digit card number> <the 4-digit PIN code received upon activation> <The new 4-digit PIN>, (e.g. REG 123456789012 1234 4321)
Android users and iOS users can download the Festipay application from Google Play Store and App Store, respectively. After downloading and opening the Festipay application, Visitor can register their cards.
Cards can also be used without registration but registration enhances the safety in using the card because a Visitor can ban his/her lost card only after completing registration. Please, pay special attention that, without registration, the original card owner cannot use the electronic voucher embodied by the lost card (and anybody who finds the card can purchase in the balance amount as the card cannot be banned.) In consideration thereof, we highly recommend the registration! Since cards are fundamentally anonymous, please note that Visitor should not give cards to Third Parties, but keep them in a safe place. Provider will not take any liability for any damage resulting from any non-compliance with the aforesaid, from the loss of or damage to the card, from the use of the card by an unauthorised person or from the failure to register; and Provider shall expressly excludes any liability for the same.
Top-up with a bank card: you can top up the card balance with any amount using a bank card. The maximum top-up amount is HUF 100,000. Only Hungarian forints are accepted for top-up. Complaints are accepted only at the top-up point following the transaction, i.e. top-up if a difference can be clearly established. NO complaint is accepted after leaving the top-up point. Lost cards can be replaced personally at a Help Desk point, by presenting an ID document (ID card, passport, driving license) after the card has been banned. The balance remaining on the banned card is transferred to the new card at the Help Desk point 30 minutes after banning.
The purchasing process:
(i) the seller keys the total sum of the order in the cash register and enters it into the POS terminal;
(ii) after entering the amount of purchase, the same will appear on the display of the card reader, and if Visitor accepts the displayed amount, (s)he will touch the reader with the card and the transaction is completed;
(iii) the amount will be deducted from the balance of the purchase voucher;
(iv) the new balance will appear on the display of the card reader. Any mistakenly entered amount and any transaction for other reasons may be cancelled on the terminal. Cancellation of a transaction is possible only on the same terminal and only if it was the last transaction with both the card and the terminal. Cancellation is not possible in any other case. You can give a tip in the system by keying in a value higher than the actual purchase. Please note to thoroughly check the entered amount in such cases. The trader will issue a receipt of the purchase. If Visitor returns a purchased product, the trader and the purchaser will jointly set the conditions of such return in accordance with the regulations in effect.
No reply message arrives if
– the format of the text message is wrong or
– the Visitor attempts to ban a non-existent card number.
After opening the Festipay application, you can ban the card by using the function “Card banning”. The balance remaining on the banned card will be transferred on Visitor’s request to the new card in 30 minutes after banning.
Visitor will receive a paying-out cash receipt about redemption. Card holders may redeem for cash their balance unused for purchase, any time in the opening hours of Lupa Beach/ during the Event. Card holders may request redemption at top-up points. When a larger amount of card balance is redeemed, the cashier may verify the Card holder’s identity and may request the Financial Centre to approve the payment. Visitor acknowledges that such procedure and the approval of payment can entail some waiting time. The latest time for redemption in case of Events will be the last day of a particular Event while outside Events, it will be the expiration time indicated on the card, depending on the Ticket purchased for the territory of Lupa Beach. Please, pay special attention, if possible, not to leave the redemption of your balance to the last moment.
There is no minimum amount; the maximum amounts are verified upon top-up and during activation (maximum HUF 100,000 can be on a card at a given time).
Slip:
I.1. Visitor transactions on the POS side
1.1.1 Top up
Description
The function is used when a Visitor (to whom no card is currently issued or who does not want to use such a card now) requests a new Lupa Beach Festipay card from the Operator at the top-up point,
The specified top-up amount, less the charges detailed above, is registered to the card, as an initial (opening) balance, then the card is activated, and can be used for purchases. The administrator has to enter the entire amount that they have deducted from Visitor, and the system will calculate the reduced amount and credit it to the card.
Process
The operator selects the “Top-up” functionality and specifies the amount to be paid. The POS will prompt to select cash or bank card activation. In case of activation with a bank card, the Operator will first perform the transaction with the bank card on the same POS terminal. Then (s)he holds the Festipay card to contactless card reader. If the card meets the conditions described below, the specified amount, less the deposit of the card and/or the convenience fee in case of a payment with a bank card, will be credited to the card. Then (s)he prints out a slip, containing the data of the transaction. The credited amount, i.e. the balance will appear on the contactless card reader.
Slip
The slip will contain:
Other
1.1.2. Transfer of balance from a banned card
Description
The process takes place when a Visitor initiates the transfer of the balance on their banned card to a new card at a Help Desk point.
The process on a POS
The Operator selects the function “Balance transfer”. (S)he types in the number of the old card, touches the contactless reader of the terminal with the new card, and hands it over to the Visitor who keys in their chosen PIN code.
The system checks the old card number, the entered PIN code, whether the card has been banned and whether specified 30-minute period has passed since the ban. If the system finds all criteria in order, it will activate the new card and transfers the balance remaining on the old card after 30 minutes. It executes a transaction on the old card to deduct the balance. It starts the new card by a top-up transaction. The system deducts the deposit (HUF 500) from the transferred balance.
Slip
Other
1.1.3. Cancel top-up
Process
The operator chooses the option “cancel top-up”, and touches the card to the contactless card reader. If the card is active and has not expired, and the top-up meeting the criteria of cancellation is on the card, then the card will return to its baseline condition and the amount of the top-up will be deducted from the card.
The POS terminal cancels the last transaction.
Slip
The slip will contain:
Other
1.1.4. Balance queries
Description
This process allows a Visitor to get information any time about the balance registered on the card.
Process
The operator chooses the option “Balance query” and asks Visitor to touch the contactless card reader with the card. If the card is active and has not expired, the Visitor can inspect their balance on the contactless card reader for three seconds.
Slip
The slip is not printed.
In case of a slip duplicate, the following will appear on the slip:
Other
1.1.5. Query about card transactions at a particular terminal
Description
Listing the transactions completed with a particular card on a particular terminal for settling a complaint or for the purpose of other clarification. The POS prints out the data thereof.
The following transactions are listed:
Slip
The slip will contain:
Other
1.1.6. Purchase
Description
This process takes place when Visitor use their Festipay or PayPass, Paywave card for purchase at a Card POS.
Process
The operator selects the option “Purchase”, keys in the value of the purchase and asks Visitor to touch the contactless card reader with the card.
Based on the card, the POS terminal selects if it is a PayPass, PayWave or Festipay card, and launches the appropriate process accordingly. If it is a Festipay card, active and has not expired, and there is sufficient balance on the card, the amount of purchase will be recorded and deducted from the card balance.
Slip
The slip will contain:
Other
1.1.7. Cancel purchase
Description
This process takes place when the last purchase with the card has to be cancelled for some reason at the Card POS. If no new purchase has been made with the card since the transaction you intend to cancel, the amount corresponding to the purchase amount will be credited to the card during this transaction. Only the last transaction of the POS and not of the card can be cancelled, and only on the same terminal where the purchase was completed.
Process
The operator chooses the cancellation function, and asks Visitor to touch the contactless card reader with the card. Based on the card, the POS terminal selects if it is a PayPass or Festipay card, and launches the appropriate process accordingly. If it is a Festipay card that is active and has not expired, the purchase meeting the criteria of cancellation is on the card, the purchase amount will be credited to the card.
The POS terminal cancels the last transaction, and therefore, in case of a purchase with a bank card, it also completes a cancellation of the bank card transaction in the background.
Slip
The slip will contain:
Other
1.1.8. Remaining balance refund
Description
This process takes place when a Visitor does not wish to attend an Event/ stay at Lupa Beach any more, and would like to receive the amount remaining on his/her card but does not return his/her Festipay card to the operator at the Top-up point. Upon swiping the card, the entire amount remaining on the card will be deducted, setting the balance to zero, then the operator will pay this amount to Visitor.
Process
The operator chooses the remaining balance refund function, and touches the contactless card reader with the card. If the card is active and has not expired, the balance on the card is set to zero, then the POS prints a slip with the transaction data.
Slip
The slip will contain:
Other
1.1.9. Card return
Description
This process takes place when a Visitor does not wish to attend a Festival, would like to receive the amount remaining on his/her card, and returns his/her Festipay card to the operator at the Top-up point. Upon swiping the card, the entire amount remaining on the card will be deducted, setting the balance to zero, then the operator will pay this amount, less the amount of the card deposit, to Visitor. The card is deactivated.
Process
The operator chooses the remaining balance refund function, and touches the contactless card reader with the card. If the card is active and has not expired, the balance on the card is set to zero, the card goes into an inactive state, and the POS prints a slip containing the transaction data.
Slip
The slip will contain:
Other
1.1.10. Handling stolen, lost cards
If a card is lost, the amount on the lost card can be transferred to a new card. The criteria of transferring the balance is that the owner can clearly prove that (s)he owns the card.
You must follow the following process to prove your ownership of the card:
Annex 4: Lupa Beach House Rules
Operator:
Lupa Strand Korlátolt Felelősségű Társaság
Registered office: 2011 Budakalász, Tó utca 1.
e-mail: lupato@lupato.hu
Public health supervisory authority:
Pest County Government Office
Szentendre District Office
Public Health Department
Address: 2000 Szentendre, Dózsa György u. 8.
Phone: +36 (26) 501 900
Fax: +36 (26) 501 940
E-mail: jarasihivatal@szentendre.pmkh.gov.hu
In case of a complaint, you may contact the following authorities:
Hungarian Authority for Consumer Protection
Address: 1088 Budapest, József krt. 6.
Phone: +36 (1) 4594 999
Budakalász Municipality Public Notary of the Mayor’s Office
Address: 2011 Budakalász, Petőfi tér 1.
Phone: +36 (26) 340 266
Email: info@budakalasz.hu
Pest County Conciliation Panel
Address: 1119 Budapest, Etele út 59-61. 2. em. 240.
Phone: +36 (1)-269-0703
Fax: +36 (1)-269-0703
E-mail: pmbekelteto@pmkik.hu
Website: www.panaszrendezes.hu
1.1. Please comply with these Rules and the instructions of the Beach staff.
1.2. By buying a ticket Beach visitors accept the provisions of these Rules binding. It is your sole liability to read and understand the requirements and provisions of these Rules.
1.3. If you fail to comply with these Rules, the Beach may revoke services and in justified cases may ban you from the Beach area.
1.4. An electronic surveillance system is in operation at the Beach, which visitors acknowledge by purchasing an ticket. Entry to the Beach and specific events are recorded on digital video.
Data processing information
Purpose of data processing: personal and property protection.
Legal basis of data processing: implicit conduct based on Section 30(2) of Act CXXXIII of 2005 on security services and the activities of private investigators.
Storage location of recordings: area of the Beach.
Retention time: 3 (three) business days of images based on the provisions of Act CXXXIII of 2005 on security services and the activities of private investigators.
Surveillance system operator: Lupa Strand Kft.
Persons authorised to access the data: Lupa Strand Kft., its employees and data subjects with respect to the enforcement of claims regarding the integrity of the personality rights and pecuniary interests of data subject, proceeding authorities and courts.
2.1. Beach daily opening hours in season: 9 a.m. – 9 p.m., however, it is not allowed to go into the water 30 days before sunset and afterwards (rounded up to the hour or half hour).
Ticket office opening hours: from 9 a.m. to 30 minutes before sunset (rounded up to the hour or half hour).
2.2. The Beach Headed by may change the Beach opening hours in justified cases (e.g. official holidays, private events), however, visitors are informed thereof in advance as far as possible on the website and on a notice board at the entrance gate.
2.3. The operator may close all or part of the Beach in justified cases (technical reasons, event, etc.), which does not entitle visitors to claim damages.
2.4. The operator reserves the right to decide at its own discretion to change the fees if less services are available due to technical reasons.
3.1. You must buy equivalent ticket or present your admission document (pass, ticket bought in advance) upon entry to the Beach.
3.2. Admission to the Beach is in order of arrival. The operator may apply a different admission scheme in justified cases.
3.3. Tickets are valid for one entry on the day of purchase (or on a specific day for tickets bought in advance). Passes may be used throughout their validity as many times as indicated or during the season. Tickets expire upon exit and you may not use it to return to the Beach, however, the operator may override this at its discretion in justified cases.
3.4. Tickets are valid only for the services they are issued for.
3.5. Visitors eligible to discounts:
(i) children (between 0-12, you must be able to verify your age at the operator’s request by a valid student card or other relevant document, ID card issued by a Hungarian institution)
(ii) other discounted types of tickets specified by the operator may be bought if the conditions for the discount set by the operator prevail (e.g. presenting an ID, address card, discount card).
The Beach reserves the right to decide the authenticity of the presented proof that makes you eligible for discount.
3.6. The price of the Entry does not include the price of additional services (hospitality, rentals, luggage locker, etc.)
4.1. All visitors may use the Beach and its services only at their own Responsibilities and in awareness of their health condition. You may enter the lake only at the signs, not further than the buoys indicator the limits of the swimming area, and within the specified period. Weak swimmers may not go to deep water. No jumping in the water (to avoid cold shock) and no underwater swimming for extended periods.
4.2. People with fever, infectious or skin diseases, injuries or open wounds, or under the influence of narcotics or medicine with stupefying effects, or alcohol may not enter the Beach and the water.
It is strictly forbidden to go into the water intoxicated! Highly intoxicated persons may not be at the Beach. The operator may request such persons to leave the Beach and may be removed upon failure to comply.
Personnel the above symptoms who use or intend to use services may be refused to enter the Beach or to use the services.
If you fail to meet the above health and hygiene criteria, the Beach staff may request you to attend a medical check – independent of the Beach – to establish that you mean no danger to other visitors.
Children under 14 must always be supervised or accompanied by a parent or an adult (you must be able to verify your age at the operator’s request by presenting an authentic document, e.g. student pass, personal ID, etc.). Not toilet trained children must wear special water-proof nappies.
Children under 14 must always be accompanied in water by a parent or other adult.
4.3. It is strictly forbidden and dangerous to go into the water from outside the fence.!
4.4. Sports fields may only be used with prior agreement. Playground installations, sports fields and equipment may only be used for the proper and intended use, and at your own OUR LIABILITY. Children under 14 must always be accompanied by an adult The detailed rules and fees (if any) of the sports fields and equipment are displayed on the spot.
4.5. Smoking is allowed if it does not disturb other visitors. Make sure to put your cigarette butts in the dedicated collection trays and put your waste in the designated dustbins. Apart from the above, no smoking is allowed within 5 metres of the entrance of entertainment and catering facilities at the Beach, and the perimeter of the children’s playground.
4.6. Parking is only allowed in designated areas. It is forbidden to bring or drive a motor vehicle or sports equipment outside the designated parking lot, or bring or ride bicycles or other human powered vehicle beyond the designated bicycle storage at the Beach (except for service vehicles).
Non-motor driven water sports equipment may be brought and used at the Beach only according to purpose without risking or disturbing the other visitors. Sports equipment specified as such by the operator may only be used at the designated areas.
4.7. All visitors must comply with the instructions on warning signs, pictograms, , etc.
4.8. The operator may automatically deny the service to visitors who refuse to use the protective equipment required for use of the service.
4.9. The furniture, equipment and installations at the Beach must be used according to purpose. Visitors damaging Beach equipment and installations, sports and other equipment, or the plants, , etc. on purpose or through negligence must pay all damage resulting therefrom. It is forbidden to use the benches, chairs, sunbeds, porch swings and other furniture other than their intended use, or – except for the sunbeds – move them. The operator assumes no responsibility for damage visitors cause to other visitors. Visitors who suffer a damage may enforce their damage claims directly against the visitor who caused the damage.
4.10. Making fires, or using music players in a way that is disturbing others is not allowed. You are expected to behave without risking or jeopardising your own or others’ health or safety, or disturbing other visitors. It is also forbidden to behave in violation of public morals, public order or the rules of coexistence, therefore, for example
(i) use obscene or foul language,
(ii) physical abuse,
(iii) sexually motivated body contact, and
(iv) any and all conduct that may imply sexual contact, or is suitable to shock, offend or alarm others.
4.11. You must follow the instructions of the Beach staff in the case of a fire or bomb alarm, bad weather conditions and other extraordinary incidents.
4.12. The Beach and the operator assumes no liability for damages caused to visitors by commercial facilities operating in the Beach area and other Agreement No. service providers at the Beach.
4.13. No animals are admitted to the Beach apart from watchdogs and assistance dogs as specified in SZMM Decree 27/2009 (XII.3.) of the Minister of Social Affairs and Labour.
4.14. The Beach assumes no responsibility for objects, valuables, etc. dropped in the water.
4.15. You must wear appropriate swimwear at the Beach, except for the designated naturist area. To maintain water quality, you may not enter the water with non-waterproof, oily or other sunscreen on.
4.16. Catering facilities at the Beach do not serve severely intoxicated visitors. No drinks, food or cutlery from catering facilities or otherwise is allowed in the water.
4.17. It is forbidden to bring objects capable of causing accidents, injury, shock or offence, etc. (bottles, glasses, etc.), flammable or explosive materials, weapons, chemicals, etc. to the Beach. It is also forbidden to bring alcoholic beverages, and other beverages or food in excess of personal needs (one bottle of up to 2.5 litre plastic bottle of water or soft drink per person, food for consumption) to the Beach. Food and drink you bring may be consumed without disturbing the other visitors. You may not take such food and drinks, or their packaging into the water, and you should dispose of the waste in the designated dustbins.
4.18. It is forbidden to sell anything-, distribute flyers or beg.
5.1. Any sicknesses or accidents in the Beach are treated at the designated first aid room by a trained staff member and appropriate means. The first aid room is free to use for any health complaints related to the use of the Beach.
5.2. The person appointed by the Beach manager is to provide professional care in the case of injuries, sicknesses, water related assistance and other matters requiring first aid.
5.3. A record is drawn of injuries, accidents and damage to visitors. The injured party or the person accompanying them and the first aid staff member confirm treatment and any justified remarks by the parties by signing.
6.1. The complaint form is available at the ticket office. The Beach manager must investigate all complaints, comments and suggestions according to the applicable rules, and take action based on the findings of the investigation.
6.2. If you find any lost property, please leave it at the ticket office where it is entered in the lost&found register.
6.3. You can get your key to the luggage locker at the ticket office. The luggage locker is merely for convenience and the Beach assumes no responsibility for objects in the lockers, or for any clothes or other property left in the dressing lockers or dressing cabins.
The Beach does not assume responsibility for clothes and other object brought to the Beach, or any property left in the bicycle storage.
It is not recommended to have valuable jewels or large amounts of cash, etc. to the Beach, because the Beach assumes no responsibility for them.
7.1. The parking lot attached to and located outside the Beach is not guarded. Parking is subject to a fee.
7.2. The Beach assumes no responsibilities for the vehicles left in the parking lot, for any damage to the vehicles or for any property left in the vehicles.
7.3. The road code (KRESZ) must be observed in the parking lot. Any person causing damage resulting from the violation of the road code (KRESZ) and improper use of the parking lot will have full liability under administrative, civil, etc. law.
8.1. These Rules apply to everybody in the territory of the Beach. Persons failing to comply with these Rules may be refused to be served.
Any person violating these Rules, upsetting order at the Beach or disturbing other visitors must be removed from the Beach and refused to use the services of the Beach. Authority involvement may be requested to enforce this if necessary.
Persons on duty at the Beach are public officials and as such are entitled to protection for public officials.
8.2. Visitors appearing on any publicity or advertising material, etc. (video, photo, audio, etc.) created by the operator at the Beach to present or promote its activities and services may not have any claims from the operator or anybody with respect to their appearance on the advertising material or other medium.
8.3. These Rules come into effect on 13 July 2016 and are applicable to all visitors who enter the territory of the Beach or the parking lot attached to the Beach.
The operator reserves the right to change these Rules. The updated Rules come into effect when they are published.
YOU ARE REQUESTED TO OBSERVE THESE RULES.
Budapest, 14 July 2023
Zoltán Mihalik
General Manager
Annex 5: Parking Rules
The Parking Rules applies to all the parking lots operated by Lupa Strand Kft.
The personal scope of the Parking Rules applies to people who use said parking lots to park their vehicles temporarily, and to any other persons staying in the areas of parking lots for any other reasons.
The operator of Lupa Beach is Lupa Strand Kft.
Guests using the parking lot acknowledge that the operator does not assume any liability for guarding parked vehicles, for any damage to vehicles during parking, for any objects or valuables left in vehicles.
The parking lot is open between 9 a.m. and 9 p.m. every day.
No entry to the parking lots is possible if the operator closes the parking lot due to an extraordinary incident or if the parking lot is full.
Guards at the entrance of the parking lot inform visitors about the number of free parking spaces or if the parking lot is full.
Effective parking fees are shown on boards placed in the parking lot.
The parking lot is primarily used to park the motor vehicles of the visitors to Lupa Beach.
When driving into the parking lot, guests are given a parking ticket and, if free spaces are available, they may park their motor vehicles.
The rules of the Road Code (KRESZ) apply in the parking lot.
For the sake of other quests and to maintain the normal operation of the parking lot, you are required to follow the instructions given by the parking lot staff.
Pedestrians must pay special attention when walking, and carefully cross traffic lanes used for vehicle traffic.
If a visitor or any other person staying in the parking lot disrupts the orderly operation of the parking lot, breach prohibitions, endanger the safety/ security of the parking lot, the operator may expel him/her from the parking lot.
If such expulsion proves unsuccessful, the operator will report it to the competent authorities and take actions to cause the removal of the person disrupting the orderly operation of the parking lot or the vehicle jeopardising the safe operation of the parking lot to a public area at the cost of the misbehaving visitor.
Those using the parking service shall compensate for any injury or damage that they have caused to people, to other vehicles or to the technical equipment of the parking facility. Such incidents shall be reported without delay to the operator of the parking facility.
The operator will not be accountable for a third party’s conduct, and in particular for injuries, vandalism, theft, car burglary, irrespective of whether or not such third party is authorised to stay in the parking lot.
Operator will only be liable for damage caused inadvertently or intentionally by its staff on duty. All liabilities are limited to the amount of operator’s third party liability insurance obligation.
Any matters not regulated herein or in the parking contract shall be governed by the provisions of the General Terms of Contract of Lupa Strand Kft.
There is a cashless payment system in Lupa Lake. You can pay for your purchases using one of the following pre-selected payment methods.