General Terms and Conditions of the Hungarian Money Museum and Visitor Center
Relating to holding events in the Hungarian Money Museum and Visitor Center
General Terms and Conditions of
relating to holding events in the Hungarian Money Museum and Visitor Center
Effective as of: September 13 2024
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereinafter: GTC) specify the rights and obligations of the parties in connection with the lease of the premises of the Hungarian Money Museum operated and maintained by MNB-EduLab Kompetencia Központ Nonprofit Korlátolt Felelősségű Társaság (hereinafter: Service Provider), and the holding of events in the rented premises.
Details of the Service Provider
· Company name: MNB-EduLab Nonprofit Kft.
· Registered seat and mailing address: 1122 Budapest, Krisztina körút 6-8.
· Company registration number: 01-09-386367
· Name of registering court: Court of Registration of the Metropolitan Tribunal Court
· Tax number: 29306934-2-43
1. Definitions
Quote Request: a statement to request a quote for Services, the form of which is set out in Annex 1 to these GTC.
Leased Premises: the location(s) of the Money Museum (Entrance Hall / Café / Exhibition Space / Museum Educational Activity Room / Panoramic Terrace / Panoramic Terrace Café) that the Customer rents from the Service Provider during the event.
Entire Leased Premises: the premises of the Money Museum: (i) Entrance Hall; (ii) Café; (iii) Exhibition Space; (iv) Museum Educational Activity Room; (v) Panoramic Terrace; (vi) Panoramic Terrace Café together, rented by the Customer from the Service Provider during the event.
Entrance Hall (lobby): the entrance hall of the Money Museum with a floor area of 150 m2 which can host up to 60 people.
Parties: the Service Provider and the Customer together.
Café: the coffee shop located on the ground floor of the Money Museum, having a floor area of 167,5 m2 which can host up to 45 people.
Exhibition Space: an area of 819 m2 in the basement, on the ground floor, and on the 1st and 2nd floor of the Money Museum which can host up to 230 people.
Intermediated Service: the service purchased by the Service Provider which is partially or fully resold to the Customer.
Customer: all natural or legal persons ordering the Service from the Service Provider.
Order Form: a statement to order the services, the form of which is set out in Annex 2 to these GTC.
Museum Educational Activity Room: the premises located on the 2nd floor of the Money Museum with an area of 35 m2 which can host up to 20 people.
Cultural Assets: the outstanding and characteristic material, pictorial, sound, written and other evidence of the origin and development of living and inanimate nature, of the history of mankind, of the Hungarian nation, of Hungary, and of the history of art works, preserved in the territory of the Money Museum, as defined in Annex 1, point sz) of Act CXL of 1997. The Cultural Assets are the common intellectual assets of the nation as a whole.
Panoramic Terrace: an outdoor area located upstairs in the Money Museum with a floor area of 194 m2 which can host up to 100 people and seat 76 people.
Panoramic Terrace Café: the coffee shop located upstairs in the Money Museum with a floor area of 50 m2 which can host up to 28 people and seat 16 people.
Money Museum: the Hungarian Money Museum and Visitor Center operated and maintained by the Service Provider which qualifies as a national specialized museum under Section 37/A, paragraph (7), point cd) of Act CXL of 1997. Registration number: OSZ/IV/378-1/2024.
Event: All Services ordered by the Customer and provided by the Service Provider to the Customer within the area of the Leased Premises in a time agreed between the parties.
Service: the lease of the room(s) of the Leased Premises and/or guided visit during the Customer’s event ordered by the Customer and provided by the Service Provider and the Intermediated Service.
Guided Tour: the service provided by the Service Provider in the course of which the Cultural Assets or a part thereof preserved by the Money Museum are presented by the guidance of the Tour Guide engaged by the Service Provider.
Tour Guide: the person engaged by the Service Provider who gives the Guided Tour.
Guest: any natural person invited by the Customer.
2. Scope of the GTC
2.1. These GTC shall apply to all service relationships, including intermediated services, which are concluded between the Service Provider and the Customer for the provision of the Services.
2.2. These GTC shall be valid until withdrawn, and shall relate to all service contracts concluded and form an inseparable part thereof.
2.3. These GTC are available at the www.penzmuzeum.hu website.
3. Conclusion of a Service Contract
3.1. The Customer shall send its query relating to the use of a Service to the Service Provider in writing, electronically, on the Quote Request set out in Annex 1 to these GTC, to the following address: protokoll@penzmuzeum.hu no later than 15 working days before the start date of the event.
3.2. The Quote Request shall include the following: (i) the name of the Service; (ii) the nature of the Service;
(iii) an indication of the premises of the Leased Premises; (ii) the start and end dates of the definite-term Service; (iii) the contact details of its contact person (name, email, telephone); and (iv) the number of Guests expected to be hosted.
3.3. The Service Provider shall send its fee quote prepared with regard to the details set out in the Quote Request to the Customer in writing, electronically, within 5 days of the receipt of the Quote Request.
3.4. The fee quote of the Service Provider shall include the time scope (offer bounding period), the amount of service fees relating to the event and the amount of advance payment calculated on the basis of such amount.
3.5. For the acceptance of the fee quote and ordering the Services, the Customer shall send the Order Form set out in Annex 2 to these GTC to the Service Provider by the deadline specified in the fee quote, electronically, to the protokoll@penzmuzeum.hu email address. The Service Provider shall, within 3 days of receipt of the Order Form, send its response (confirmation or rejection) to the Customer. By the confirmation of the Order Form, the Service Contract for the provision of the Services shall be deemed to be concluded between the Parties.
3.6. In addition to the details set out in Clause 3.2, the Order Form shall also include the following: (i) the Customer's details required for issuing the invoice (name/designation, address/seat, tax number in case of a non-natural person Customer), (ii) the date and file number of the quote given by the Service Provider and (ii) documents proving the representation rights of the Customer's legal authorized representative (i.e. company extract, specimen signature, power of attorney).By signing the Order Form, the Customer expressly accept these GTC and the Annexes thereof.
3.7. The governing language of the Service Contract, the GTC, the order and the fee quote shall be Hungarian.
3.8. By the expiry of the term set out in the Service Contract, i.e. the term of the Service used, the legal relationship shall cease between the Parties and shall not transform into an indefinite term even if the Customer keeps using the Leased Premises without objection by the Service Provider.
4.Services
4.1. Within the scope of renting the Leased Premises, the Service Provider shall rent the following premises separately or jointly as ordered by the Customer: Entrance Hall / Café / Exhibition Space / Museum Educational Activity Room / Panoramic Terrace / Panoramic Terrace Café.
4.2. Within the scope of Catering services, the Service Provider resells to the Customer the catering services ordered by the Customer, from an external service provider in an unchanged form as an intermediated service. The Customer may order the catering services proposed by the Service Provider from another service provider only with the prior written consent of the Service Provider.
4.3. Within the scope of Guided Tour services, the Service provider shall provide the following services in accordance with the order of the Customer: general presentation of the permanent and/or temporary exhibition in Hungarian or English, and, by special arrangement, a professional presentation of the highlights of the permanent exhibition.
5. Service fees, invoicing
5.1. The Service Fee shall be set on the basis of the fee quote of the Service Provider and the details set out in the Order Form, by a specific agreement between the Parties. The Service Fee shall include the consideration for the Services ordered and the fees for the Intermediated Services used, if any.
5.2. The provision of the Service is subject to the payment of an amount corresponding to 20% of the Service Fee as advance payment (hereinafter: Advance Payment) by the Customer upon conclusion of the Service Contract, by bank transfer to the below bank account of the Service Provider.
5.2.1. Bank account number: CIB Bank 10701324-72683426-51100005
5.3. The Service Provider shall issue an advance payment request together with the confirmation of the Order, and an advance invoice upon receipt of the amount. The Advance Payment shall be due by the date indicated on the advance payment request.
5.4. Within 5 working days from the use of the Services, i.e. the termination of the Service Contract, the Service Provider shall issue an invoice relating to the remaining amount and send it to the Customer. The Service Fee shall be due by the date indicated on the invoice. The Service Fee shall be paid by bank transfer to the bank account of the Service Provider specified in Clause 5.2.1.
5.5. The Service Fee and the Advance Payment shall be deemed to have been financially settled upon the crediting thereof on the above bank account of the Service Provider by the account keeping financial institution of the Service Provider.
5.6. When transferring the Service Fee and the Advance Payment, the Customer shall indicate the serial number of the payment request issued by the Service Provider in the comment section of the transfer order.
5.7. If the Customer fails the payment deadline, it shall be liable to pay default interest for each day of the delay, but for a maximum of 3 (three) days. In the case of a natural person Customer, the rate of default interest shall be determined in accordance with the provisions of Section 6:48(1) of the Civil Code, at the base rate of the central bank on the first day of the calendar half-year affected by the default - in the case of a monetary debt denominated in a foreign currency, at the base rate of the central bank of the issuing country for the given currency, or, in the absence thereof, at the money market rate; whereas in the case of a Customer who is not a natural person, the default interest shall be charged in accordance with the provisions of Section 6:155 (1) of the Civil Code, at the rate of the base rate of the central bank on the first day of the calendar half-year affected by the default. or, in the absence thereof, the money market rate - in the case of a monetary debt denominated in a foreign currency, at the base rate of the central bank of the issuing country for the given currency, or, in the absence thereof, at the money market rate - plus eight percentage points.
5.8. If the period of delay in the payment of the Advance Payment by the Customer exceeds 3 (three) days, the Service Provider shall be entitled to withdraw from the Service Contract by a unilateral legal statement made to the Customer, without any further action. The exercise of the right of withdrawal of the Service provider shall not be construed as a waiver by the Service Provider of its right to enforce any claim for damages against the Customer.
6. Rights, obligations and liability of the Service Provider
6.1. The Service provider declares that it has the appropriate authorizations and, with respect to the Intermediated Services, an agreement in force and effect for the provision of the Services.
6.2. The Service Provider declares that the Leased Premises are suitable for their intended use during the entire term of the Service used (hereinafter: Service used or Event).
6.3. The Service Provider declares that no third party has any right relating to the Leased Premises that would restrict or prevent the Customer in using the Leased Premises during the term of the Event, with the exception of actions to protect the Money Museum as set out in these GTC.
6.4. The Service Provider shall be entitled to take actions to protect the Cultural Assets preserved in the Money Museum even during the term of the Event, and the actions necessary to ensure their safety. The Customer and/or the Guests may not restrict the performance of these tasks.
6.5. During the Event, the Service Provider or its agents (e.g. security guards, the Tour Guide, etc.) is entitled to require the Guests to comply with the rules of the Money Museum and the provisions of these GTC if the Guests are not using the Leased Premises as intended. In the event of repeated request, the Service Provider or its agent may interrupt and stop the Event. In such a case, the Service Provider shall be entitled to unilaterally terminate the Service Contract with immediate effect. In the event of termination by the Service Provider for the above reason, the Customer may not claim compensation (for damages) from the Service Provider, and the Customer shall be obliged to pay the Service Fee.
6.6. The Service Provider shall be entitled to restrict the Event or certain Services in the event of force majeure at the Leased Premises or the Money Museum, or in the event of damage to, destruction or failure of the Leased Premises or the Money Museum.
6.7. Furthermore, the Service Provider shall not be liable for any damage caused by or resulting from external circumstances beyond the Service Provider's control, such as traffic changes outside the premises of the Money Museum, road works, road closures, noise, smell, dust, flooding and other disasters. The above shall also apply to the relevant electricity, gas and water supply, if the shortage of supply is not attributable to the Service Provider.
6.8. The Service Provider shall not assume liability for valuables taken into the area of the Leased Premise by the Guests.
7. Rights, obligations and liability of the Customer
7.1. The Customer declares and acknowledges that Cultural Assets are preserved in the Money Museum, where the Leased Premises are located and as such they have an inestimable sentimental value.
7.2. The Customer shall be entitled to use the Leased Premises as intended, and use the Services ordered during the Event.
7.3. The Customer shall be obliged to pay the Service Fee and the Advance Payment.
7.4. The Customer acknowledges that it may stay in and use only the designated areas of the Leased Premises.
7.5. The Customer may use the Leased Premises only for the purposes of the Event. The Customer may not cause any damage to the Leased Premises and/or the Cultural Assets and/or the Money Museum in any way. The Customer shall be liable for all damages resulting from improper or non-contractual use. In the event of any use contrary to the above, the Service Provider shall be entitled to terminate the Service Contract with immediate effect. In the event of termination by the Service Provider for the above reason, the Customer may not claim compensation (for damages) from the Service Provider, and the Customer shall be obliged to pay the Service Fee.
7.6. The Customer may only use the Leased Premises specified in the Service Contract, and may use any other part of the Money Museum only with the prior written consent of the Service Provider and if such use is necessary to access the Leased Premises.
7.7. By signing the Order Form, the Customer explicitly accepts the House Rules: https://www.penzmuzeum.hu/muzeumi-hazirend/ and the Privacy Notice: https://www.penzmuzeum.hu/adatkezelesi-tajekoztato/of the Money Museum
7.8. The obligations of the Customer include reading and complying with the house rules and privacy notice of the Money Museum and enforcing them with the Guests. The Service Provider reserves the right to time to time modify, correct or supplement the house rules and the privacy notice at its own discretion.
7.9. The Customer shall provide the Service Provider with the Guest list within 48 hours prior to the Event. The Customer may increase the number of Guests by 10% by the above deadline. In the case of an increase of the number of Guests by 10%, the Service Provider shall be entitled to the a pro rata amount of the Catering Service Fee used as an Intermediated Service, however, the Customer may not enforce any claim if, due to the nature of the Service, the Service Provider is not able to contractually perform the Services within this period in view of the increased number of Guests. The Customer shall not be entitled to a decrease of the Service Fee for the above reason.
7.10. In the case of a Guided Tour, the Customer and the Guests shall comply with the instructions given by the Tour Guide.
7.11. The Customer shall notify the Service Provider without delay if there is a risk of damage to the Leased Premises.
7.12. By signing the Order Form, the Customer explicitly accepts the occupational safety, fire and environmental protection and other administrative rules (e.g., noise restriction) of the Service Provider, and by its signature it declares that it has read and will comply with such rules and enforce them with the Guests.
7.13. The Customer shall be liable for the safety of the Guests within the area of the Leased Premises. The Customer shall indemnify and hold the Service Provider harmless from any claims made by the Guests in connection with the responsibility for the safety of the Guests.
7.14. The Customer shall be liable towards the Service Provider for all damages caused by the Guests.
7.15. The Customer acknowledges that photos and recordings may be taken of the Cultural Assets preserved in the Leased Premises for private purposes only, however, any use thereof on social media platforms or any other public channels requires the prior verbal or written consent of the Service Provider. The Customer shall enforce the above rules with the Guests as well.
7.16. The Customer acknowledges that a security camera system is operated in the Money Museum. The installation of equipment or scenery (e.g. walls, balloons) in front of the security camera system that may interfere with or obscure its proper operation is prohibited.
7.17. At the end of the Event, the Customer shall return the Leased Premises to the Service Provider in its original condition. The Customer shall be liable for damages caused to the Leased Premises or the Money Museum.
7.18. The Customer shall be liable for non-compliance with any of its obligation(s) and/or any of its declaration(s) set out in the GTC.
7.19. The Service Provider shall enforce any damage caused by the Customer or its Guest, in accordance with the rules on damages caused by breach of contract set out in the Civil Code.
8. Information and communication
8.1. The Parties shall send all official notification or other communication to the other party electronically in writing. The Parties shall notify each other of any change to their respective contact persons immediately, but by no later than within 1 (one) working day from the date of the change. The Parties shall treat notices and statements from the Party's contact person as originating from the Party and shall remain in contact with the designated contact person until the Party notifies the other Party of a change of contact person in one of the ways listed above.
9.Amendment of the Service Contract, withdrawal
9.1. Any amendment to the Service Contract may only be made in writing, by the mutual agreement of the Parties to this effect.
9.2. If the Customer orders more than one Service, the Customer may change them within 5 working days before the start of the Event.
9.3. The Customer may withdraw from the Service Contract within 2 working days before the Event. In such a case, the Service Provider shall be entitled to 60% of the Service Fee. In the event of withdrawal or non-attendance at the Event after the specified deadline, the Customer shall pay 100% of the Service Fee to the Service Provider as a penalty for non-performance.
9.4. Primarily due to unforeseeable weather conditions arising in the case of renting the Panoramic Terrace, the Parties declare that if an external objective factor or circumstance (e.g. weather conditions) prevents the performance of the Service Contract, they will mutually discuss and agree on a modification of the deadline set forth in the Service Contract. Until the new deadlines are fixed, the performance of the Service Contract shall be suspended.
9.5. If the Customer also uses Intermediated Services, in the case of its withdrawal from the Service Contract, the Customer shall pay for the Intermediated Service up to the amount payable by the Service Provider.
10.Termination of the Service Contract
10.1. The Service Contract shall terminate by the expiry of the definite term (Event).
10.2. Upon the termination of the Service Contract, the Customer shall return the Leased Premises to the Service Provider.
10.3. The Service Provider shall be entitled to withdraw from the Service Contract if the Customer becomes subject to liquidation, bankruptcy or enforcement proceedings, or is otherwise insolvent, or subject to voluntary liquidation.
10.4. Considering that the Service Contract is for a definite term, the Parties shall not be entitled to terminate the Service Contract by ordinary termination.
10.5. The Service Provider shall be entitled to terminate the Service Contract with immediate effect by written notice sent to the Customer, if official liquidation, bankruptcy or forced removal proceedings are initiated against the Customer, or if the Customer has filed for voluntary liquidation at the Court of Registration.
10.6. In the event of the exercise of the Service Provider's right of termination with immediate effect for any reason, the Service Provider shall be entitled to claim compensation from the Customer for its proven damages.
11. Force Majeure
11.1. If, after the conclusion of the Service Contract, an extraordinary, exceptional and unforeseeable, unavoidable external circumstance and/or event occurs that is not attributable to the Parties and beyond their control (force majeure), the Parties shall agree on the amendment or maintenance of the Service Contract.
12. Data processing
12.1. MNB-EduLab Kompetencia Központ Nonprofit Korlátolt Felelősségű Társaság shall process the Customer's data in accordance with Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information, Act CVIII of 2001 on certain aspects of electronic commerce services and information society services and Regulation (EU) 2016/679 f the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
12.2. The Service Provider may process personal data obtained and recorded in the course of performing the Service Contract only for the purpose of providing the Services set out in the Service Contract and only to the extent necessary and indispensable to achieve such purpose.
12.3. The detailed rules relating to data protection and the processing of personal data by MNB-EduLab Kompetencia Központ Nonprofit Korlátolt Felelősségű Társaság are set out in the Privacy Notice available on the https://www.penzmuzeum.hu/adatkezelesi-tajekoztato/ link .
13.Complaint handling
13.1. MNB-EduLab Kompetencia Központ Nonprofit Korlátolt Felelősségű Társaság (hereinafter: Service Provider) is available to Customers at protokoll.penzmuzeum.hu e-mail address for complaints.
13.2. Seat of the Service Provider, place of complaint handling: 1122 Budapest, Krisztina körút 6-8., postal address to its Customer Support: 1122 Budapest, Krisztina körút 6-8., electronic mailing address: info@penzmuzeum.hu, website address and phone number https://www.penzmuzeum.hu/, +36 1 489 9871 or + 36 1 489 9872.
13.3. The Customer may notify the Service Provider in writing of any complaint regarding the conduct, activity or omission of the Service Provider in connection with the Services provided.
13.4. The Service Provider shall reply to written complaints in writing within 30 (thirty) days of receipt and send it to the Customer, in particular to the e-mail address provided by the Customer. The Service Provider shall provide reasoning for rejecting a complaint. In case of rejecting the complaint, the Service Provider shall inform the Customer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The seat, telephone and Internet contact details and postal address of the competent authority or, in the case of a Customer who is a consumer, of the conciliation body of the place where the Customer resides or is domiciled shall be provided. In consumer protection cases, the Customer may contact the regional government offices on the contact details available on the following website: https://kormanyhivatalok.hu/.
13.5. The competent conciliation body according to the seat of the Service Provider: the Budapest Conciliation Board operated by the Budapest Chamber of Commerce and Industry; seat: 1016 Budapest, Krisztina krt. 99 III. 310.; phone number: 06-01-488-2131; e-mail: bekelteto.testulet@bkik.hu; homepage: bekeltet.bkik.hu. The conciliation body is competent for the out-of-court settlement of disputes (consumer disputes) between consumers (natural person Customer) and businesses (in this case Service Provider) concerning the quality and safety of products, the application of product liability rules, the quality of service, and the conclusion and performance of the contract between the parties. To this end, the conciliation body will attempt to reach an agreement between the parties and, if this proves to be unsuccessful, will decide on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. On the request of the consumer or the business entity, the conciliation body advises on the rights and obligations of consumers. The conciliation body is an independent body operated by the regional (metropolitan) commercial and industry chambers.
14.Legal dispute
14.1. The Service Provider and the Customer shall endeavor to settle any disputes or disagreements that may arise between them in connection with the Service Contract primarily through direct negotiations and in an amicable way. If the Service Provider and the Customer are unable to settle any dispute amicably within a reasonable period of time from the beginning of the negotiations, the Service Provider and the Customer may, depending on the subject matter and value of the dispute, turn to the court having jurisdiction and competence in Hungary in accordance with Act CXXX of 2016 on the Code of Civil Procedure.
15.Confidentiality
15.1. The Service Provider informs the Customer that all data, facts, information, etc. (hereinafter referred to as "data") obtained within the framework of the Service Contract and the Service provided as a result thereof, which are related to the activities of the Service Provider and the Customer, the disclosure, acquisition or use of which by unauthorized persons would damage or endanger the legitimate financial, economic or security interests of the rightful owner - and which are not otherwise classified by law as other types of secrets - constitute trade secrets of the Parties.
15.2. The Parties shall consider all data, facts, circumstances and information obtained in the course of performing the Service Contract between them as trade secrets or know-how and shall keep them confidential without limitation in accordance with the relevant provisions of Act LIV of 2018 on the Protection of Trade Secrets, in particular, they shall not disclose or make accessible such data to third parties in any way, they shall not disclose, communicate or transfer them to any unauthorized person or make them public.
15.3. The Parties acknowledge that they shall be liable for paying full compensation for the damage caused by the breach of confidentiality.
15.4. The Parties acknowledge that the confidentiality obligation undertaken by them shall also be binding on third parties involved in the performance of the Service Contract. The Parties shall draw the attention of such persons to the confidentiality obligation set out in these GTC forming part of the Service Contract, and the compliance thereof, which they are obliged to confirm to each other at any time.
15.5. The confidentiality obligation shall survive the termination of the Service Contract without time limit, unless otherwise provided for by the law.
15.6. An exception to confidentiality shall be made where a Party discloses any of the above information in order to comply with a legal obligation.
16.Copyrights
16.1. The Cultural Assets preserved within the premises of the Money Museum are protected by copyright. Therefore, any damage, distortion, mutilation, alteration or misuse of them infringes the moral rights of the author.
16.2. The Cultural Assets on the premises of the Money Museum, the information and documents made available in connection with them, and the works of authorship that may be performed or viewed at the exhibition and the Guided Tour/Lecture may not be used, distributed, recorded or published in any way by any third party without the express prior written consent of the rights holders.
17.Derogation from the GTC
17.1.Any derogation from these GTC may only be valid by the mutual agreement of the Parties to this effect.
18.Closing provisions
18.1. These GTC, the ordering of the Services and the Service Contract between the Parties shall be governed by Hungarian law. In matters not regulated by these GTC, the provisions of the Civil Code shall apply.