EDENRED General Terms and Conditions on the Acceptance of Széchenyi Recreation Card
Effective from 08 January 2019
1. ‘Decree’: Gov. Decree 76/2018 (IV. 20.) on the rules of the issue and use of Széchenyi Recreation Card.
2. ‘Card’: Széchenyi Recreation Card as specified in the Decree and Section 71(6)(d) of Act of CXVII of 1995 on Personal Income Tax (hereinafter: ‘PIT Act’) issued by the Issuer which is a plastic non-cash means of payment, to be used solely for the employer benefits granted under Section 71(1)(b) of the PIT Act by the Cardholder and to be credited to a limited-purpose payment account. This account enables the placement of payment orders against such benefits.
3. ‘Issuer’: PPS EU SA (a limited company registered in Belgium under number 0712.775.202; contact details: 1160 Brussels, boulevard du Souverain 165 boîte 9, Belgium). Issuer qualifies as a payment service provider who is authorised to issue the Card and engage in activities relating to the use of the same as provided in the Decree.
4. ‘Programme Owner’: Edenred Magyarország Kft. (registered office: H-1134 Budapest, Váci út 45. Atrium Park Office Building G. ép. 3. em.; company registration no.: 01-09-266926; VAT no.: 10884979-2-41 (hereinafter: ‘Edenred’), the Issuer’s payment intermediary.
5. ‘Service Provider’: the natural person, legal entity or other economic entity who/which is in a contractual legal relationship with the Issuer (payment service provider) as specified in Section 1(3) of the Decree and actually provides the services detailed in the same, with the exception of the service intermediary.
6. ‘Client’: a natural or legal person providing the Card to the Cardholder.
7. ‘Cardholder’: a natural person deemed by the Client eligible for using the Card and to whom the Card is issued.
8. ‘Contract’: the contract entered into by and between the Issuer and the Service Provider under Section 1(3) of the Decree by which the Service Provider enables the payment for services provided in Section 5(1) of the same by using the Card.
1. The GTC aim to lay down the general terms and conditions of the acceptance of the Card for the Service Providers. These GTC govern the legal relationship between the Issuer, the Programme Owner and the Service Provider; hereinafter jointly as ‘Parties’ or separately as ‘Party’. The direct legal relationship between the Issuer and the Programme Owner and the Client and the Cardholder is governed by the Client and Cardholder GTC.
2. The Service Provider enters the Contract with the Issuer and the Programme Owner on the basis of these GTC and by being aware of the same. These GTC form an integral part of the Contract.
3. The Issuer enters the Contract only with a Service Provider who qualifies as a service provider under Section 5(1) of the Decree as follows:
3.1. against the accommodation sub-account as provided by Section 71(1)(b)(ba) of the PIT Act
3.1.1. accommodation services (NACE’08 55.10., 55.20., 55.30.),
3.1.2. domestic tour operator activities (sales of pre-assembled package holidays under NACE’08 79.12.),
3.1.3. any service that is available and can be paid for along with the accommodation service,
3.1.4. physical well-being activities (activities of spas under NACE’08 96.04.),
3.1.5. other amusement and recreation activities (beach service under NACE’08 93.29.);
3.2. against the food services sub-account as provided by Section 71(b)(bb) of the PIT Act
3.2.1. restaurant and mobile food service activities (NACE’08 56.10.),
3.2.2. other food service activities (NACE08’ 56.29.),
3.2.3. accommodation services (NACE’08 55.10., 55.20., 55.30.),
3.2.4. physical well-being activities (activities of spas under NACE’08 96.04.),
3.2.5. other amusement and recreation activities (beach service under NACE’08 93.29.);
3.3. against the recreation sub-account as provided by Section 71(1)(b)(bc) of the PIT Act
3.3.1. other human health activities (under NACE’08 86.90.: physiotherapy service, dental hygiene treatment, diagnostic service, prenatal care and other human health activities n.e.c.),
3.3.2. performing-arts (NACE08’ 90.01.),
3.3.3. museums activities (NACE’08 91.02.),
3.3.4. botanical and zoological gardens and nature reserves activities (NACE’08 91.04.),
3.3.5. activities of amusement parks and theme parks (NACE’08 93.21.),
3.3.6. other amusement and recreation activities (leisure park and beach services, ski resort and sport boat harbor services and the renting of equipment provided by the operator of the leisure facility used for recreation and leisure purposes under NACE’08 93.29.),
3.3.7. physical well-being activities (NACE’08 96.04.),
3.3.8. fitness facilities (NACE’08 93.13.),
3.3.9. other sports activities (under NACE’08 93.19.: participation and registration fees of leisure sports events related to the activities of racing and riding stables, of sport fishing and other sports events),
3.3.10. inland passenger water transport (NACE’08 50.30.),
3.3.11. other reservation service and related activities (tour guiding under NACE’08 79.90.),
3.3.12. operation of sports facilities (under NACE’08 93.11.: renting of sports fields, sales of swimming pool ticket and season ticket),
3.3.13. activities of sport clubs (NACE’08 93.12.),
3.3.14. sports and recreation education (NACE’08 85.51.),
3.3.15. renting and leasing of recreational and sports goods (NACE’08 77.21.),
3.3.16. accommodation services (NACE’08 55.10., 55.20., 55.30.).
4. The Service Provider may not convert the funds available on the Card to the Cardholder to cash or other non-cash means of payment.
5. The Service Provider agrees to comply with the generally binding legal regulations and other relevant provisions during the course of the provision of its services.
6. The Service Provider shall be held fully liable for any damage caused to the Cardholder with regard to the service, and expressly exempts the Issuer and the Programme Owner from any direct or indirect damage that may be suffered by the Cardholders.
7. If the Service Provider provides a service which is not listed in the Decree, then it shall issue and hand over a receipt on such service to the Cardholder in the form requested by the Cardholder, and the corresponding countervalue may not be paid with the Card.
8. The Service Provider shall continuously cooperate with the Issuer and the Programme Owner in order to minimise the number of abuses of the Card.
9. The Service Provider expressly acknowledges and accepts that if the Issuer or the Programme Owner, as a result of accepting the Card, suffers a financial loss arising from the duplication of transactions executed at the Service Provider, fraudulent transaction, prohibited data provision or prohibited data request – and this can be proven –, then the Service Provider shall be held liable for any such resulting damage. The Issuer and/or the Programme Owner shall have the right to enforce his/their claims through offsetting.
10. The Service Provider expressly acknowledges and agrees that, in the case of any legal consequences resulting from the unlawful use of the Card or the acceptance of the same for the payment of the counter value of a service which does not comply with the Decree, the Service Provider and/or the Cardholder shall be held liable, thus no liability lies with the Issuer and the Programme Owner.
11. The Parties agree and the Service Provider expressly accepts that the Programme Owner or a subcontractor may also act instead and on behalf of the Issuer in performing the Contract, thus the Issuer’s specific duties may be also performed by the Programme Owner or a subcontractor based on the Contractual legal relationship.
12. The Parties agree and the Service Provider expressly accepts that the Issuer may, in its own discretion, employ the Programme Owner or a subcontractor. However, in this case, the Issuer shall be held liable as if it has conducted the activity itself.
13. The Service Provider represents that it is eligible for entering the Contract on its own, it complies with the legal requirements applicable to the provision of the given services, it acts on its own behalf and for his own benefit during the economic events performed under this Contract, as well as represents that it conducts its activity lawfully, in accordance with the legal requirements applicable thereto, in possession of the authority licences if necessary. The Service Provider shall present the licences required for the provision of the services upon if requested by the Issuer or the Service Provider.
14. The Service Provider represents and warrants that it provides only such services to the Cardholder which belong in its scope of activities and ensure services specified by the Decree and the Contract that may be settled lawfully with regard the payment of countervalue by using the Card.
15. If any reimbursement becomes necessary for the Cardholder under the legal relationship entered between the Service Provider and the Cardholder, then – upon the written request of the Service Provider or the Cardholder and following the identification of the transaction – the Programme Owner executes the crediting, provided that if the payment for the Service Provider has already been executed, then it credits the amount to be reimbursed to the Cardholder’s Card only once the full amount is reimbursed by the Service Provider to the Programme Owner.
16. The Service Provider expressly acknowledges and agrees that the cancellation/modification of the transaction or the restoration of the original state may be initiated on real grounds and along with the Cardholder only, in the form a jointly submitted unanimous declaration. The Service Provider undertakes to fulfil its obligations resulting from the accounting and taxation requirements (e.g. sending a correcting invoice to the Cardholder) upon the submission of the request, as well as to present them if requested by the Programme Owner.
17. The Service Provider expressly acknowledges and agrees that the settlement or reimbursement between him and the Cardholder – as well as the related request and the resulting enforcement of claims – may not serve as a basis for offsetting upon settlement with the Issuer or the Programme Owner, thus on no legal grounds may the claims between the Service Provider and the Cardholder be enforced against the Issuer or the Programme Owner, the Issuer and the Programme Owner expressly and fully exclude any such liability.
1. The Programme Owner shall make available to the Service Provider all relevant marketing materials relating to the acceptance of the Card.
2. It shall indicate the Service Provider in the list of Service Providers accepting the Card.
3. The Issuer shall enable the Cardholder to purchase services from the Service Provider by using the Card up to the amount of the current balance, in accordance with the laws in force.
4. It shall enable the use of the Card for the Service Providers who enter a contractual relationship with the Issuer via POS terminal, by means of identification and approval by phone and through an online approval system.
1. The Service Provider warrants that it possesses all personal and material conditions necessary for the performance of the Contract.
2. The Service Provider shall inform the Programme Owner in writing of any change to its data (company name, registered office, phone and fax number, bank account number or VAT number) or to the data of its redeemer (including its operation), as well as of any change to the details of its contact persons (executive officers authorised to sign, administrators) without delay, but not later than within 3 business days, by sending the changed data/details to the email@example.com e-mail address.
3. The Service Provider shall be held fully liable for any damages or adverse consequences resulting from the late reporting of such changes or the failure to report them.
4. The Service Provider shall accept the Card from the Cardholder as a means of payment for the countervalue of services it provides and those listed in the Decree and Section II.3 of the GTC.
5. The Service Provider shall be entitled to provide discounts to those who use its services, in line with its business policy. The Service Provider guarantees that no adverse consequences will arise for the Cardholders compared to its customers who pay by cash or bank card.
6. The risk resulting from the unauthorised use of the Card shall be borne by the Service Provider, including the risks relating to the collection of the countervalue of the services provided. The Service Provider shall be held liable for any damages it causes to the Cardholder.
7. The Service Provider shall have the right to request a personal document for identification purpose from the Cardholder in the event of purchasing services beyond the value limit provided in its internal policy, and shall have the right to refuse the acceptance of the Card if the given Cardholder refuses to do so. Within the scope of identification, it shall comply with the provisions of national and EU legislation governing the protection of personal data.
8. The Service Provider shall retain the transaction receipt (slip) signed by the Cardholder in accordance with the legal regulations in force at all times, as well as one copy of the receipt which proves the use of the service, and shall present it to the Issuer or the Programme Owner upon request.
9. The Service Provider shall place the marketing materials made available by the Programme Owner relating to the acceptance of the Card – including the list of payment options for the countervalue of the services it provides – at a clearly visible place, for instance at the cashier, on a website or at other places.
10. The Service Provider shall ensure the acceptance of the Card and shall have all conditions in place for at least one from among the following conditions to enable the execution of transactions with the Card:
10.1. POS terminal,
10.2. phone identification and approval in the presence of both the Service Provider and the Cardholder,
10.3. online approval system.
11. It is the Service Provider’s responsibility to commence the upgrading of the POS terminals to make them compatible with the Card, as well as to check if such upgrading has successfully occurred.
12. By issuing the receipt for the Cardholder, the Service Provider warrants that the Cardholder has used the service and that the service provided for the Cardholder qualifies as a lawful, eligible service in accordance with the Decree.
13. The Service Provider shall transfer the amount of the transaction to the Programme Owner’s account upon the written call of the Issuer or the Programme Owner within 3 business days, with regard to which the Cardholder made a complaint and requested a refund within 60 days from the date of the transaction. The Issuer or the Programme Owner credits back the amount of the given transaction to the Cardholders sub-account if the Service Provider’s transfer is successfully credited, and the transaction is otherwise conflicting with the Contract or the GTC, the Cardholder made a complaint with regard to the rightness of the transaction and supported his complaint in a well-founded manner, or the transaction was invalid for other reasons.
1. The Service Provider acknowledges and expressly agrees that the amount of the fee that can be charged to the Service Provider is regulated by the Decree, thus the Issuer reserves itself the right to unilaterally modify the fee in accordance with the Decree in force at all times. The Issuer or the Programme Owner shall inform the Service Provider of the modification of the fee provided in the Decree – including any corresponding amendments to the GTC – on the www.edenred.hu website.
2. The Parties agree that the basis of the settlement of fees relating to the use of the Card shall be the countervalue of the service forwarded to the Issuer when the Card is used, paid with the Card.
3. The fee payable for the use of the Card shall be at least HUF 12 + VAT/transaction, but may not exceed 3.6% + VAT of the countervalue of the service paid for with the Card.
4. The Programme Owner shall invoice the fee provided in Section 3 on a monthly basis, after the total value of the countervalue of services paid for with the Card, forwarded by the Service Provider and calculated according to the gross value of the services used, until the 15th day of the month following the reference period.
5. The Programme Owner shall send the invoice on the fee to the Service Provider either as a physical copy or electronically, depending on its choice.
6. VAT shall be determined in accordance with the VAT Act in force at all times.
7. The Issuer reserves itself the right to determine the amount of the fee at the highest possible amount provided by the Decree, by means of an unilateral declaration.
8. The Programme Owner shall pay the countervalue of payments made with the Card by means of phone identification and approval or via the online system to the Service Provider by transferring the given amount as a lump sum in HUF – after the deduction of the remuneration due to the Issuer –, until the 15th day of the month following the date when the Issuer accepted the payment with the Card, to the bank account provided in the Contract entered with the Service Provider. The countervalue of payments made with the Card via POS terminals shall be transferred to the Service Provider on the basis of the contract entered between the Service Provider and the bank which provided the POS terminal, and this may not be affected by either the Issuer or the Programme Owner.
9. It is a requirement of transferring the countervalue that the Cardholder did not make any observation at the Issuer or the Programme Owner with regard to the transaction, and no request is being investigated concerning a refund for the Cardholder.
1. If the Service Provider has any observation on the operation of the Card, they may be reported to the Call Centre provided by the Programme Owner at the +36 1 413 3333 phone number.
2. The Programme Owner provides further details on the acceptance of the EDENRED Széchenyi Recreation Card (phone numbers, contact details, business hours etc.) on the www.edenred.hu website.
1. These GTC form an integral part of the Contract entered on the basis of these GTC. Any verbal or written representation between the Parties entered before the signing of the Contract executed on the basis of these GTC shall become void when the Contract is signed; the Parties’ legal relationship shall be governed exclusively by the GTC and the relevant Contract.
2. The text of the GTC as applicable from time to time shall be disclosed on the www.edenred.hu website.
3. The Programme Owner shall have the right to amend these GTC unilaterally, which amendment shall be published on its website at least 15 days before it enters into force, and shall also disclose information on the modification on the www.edenred.hu website. Inasmuch as the Service Provider does not address any objection in writing, the amendments shall be considered as expressly accepted by the Client. After the amendment enters into force, the legal relationship between the Parties will be governed by the provisions of the modified GTC and those of the Specific Contract.
4. The Parties may diverge from these GTC in writing, in the Contract, by mutual consent.
5. Communication between the Parties relating to this Contract and the performance of the same is possible via the contact details verbally (word of mouth, by phone), in e-mail or in writing. E-mail communication is not considered written communication, excluding the declarations made in e-mail and provided with an electronic signature of enhanced security. Communications shall be considered delivered as follows: in the case of post with confirmation of receipt, on the date of refusal if acceptance is refused; on the 10th business day following the first delivery attempt, if post is returned with the mention “unclaimed”; on the 10th business day following posting, if post is returned with the mention “insufficient address” caused by error in data communicated by the addressee. The Client undertakes that if the Programme Owner or the Issuer employs Magyar Posta Zrt. or any courier service (UPS, FedEx, DHL), the Client may not claim not having received a notification on the failure of the attempt to deliver by the postal operator.
1. The Contract established under these GTC shall be for an indefinite term and may be terminated by the Parties with a 60-day notice posted in mail with acknowledgement of receipt. In the event of the material breach of an essential provision of this Contract, the aggrieved Party shall be entitled to terminate the Contract with immediate effect. In the event of the termination of the Contract, the Parties shall settle their accounts towards each other within 30 days from the date of termination.
2. The Issuer or the Programme Owner shall be entitled to temporarily suspend the acceptance of the Card at all of the Service Provider’s participating businesses or at its specific participating business, or – in its own discretion – may terminate the Contract with immediate effect, if
2.1. the number or value of the Cardholders’ complaints and disputed transactions at the Service Provider’s participating business or in the case of multiple participating businesses exceeds those of other Service Providers engaged in similar services by 10%;
2.2. more than two abuses occurred with the same Card at the Service Provider’s same participating business within 24 hours.
3. The matters not regulated in this Contract shall be governed by the relevant provisions of Act V of 2013 on the Hungarian Civil Code, the Decree and other legal regulations of Hungary.
4. In the case of a legal dispute, the regular Hungarian Court competent according to the Programme Owner’s registered office shall have exclusive competence.
5. For the purpose of the Contract between the Parties, any (legal) declaration shall be considered executed in written form solely if it is signed by the Party making such declaration.
6. Solely the Parties’ representatives authorised to sign for the company or people authorised in writing by them shall be considered to be the Parties’ representatives. By entering the Contract, each of the Parties’ representatives declares and confirms that he/she has unrestricted rights to enter, sign and perform the Contract; moreover, he/she represents and warrants that full performance of the Contract and of the related obligations and documents shall be valid and binding obligations upon the Service Provider both at the time of signing and continuously during the term of the Contract. The Service Provider shall send the company extract and a copy of the specimen signature to the Issuer or the Programme Owner upon the request of the same.
7. The Services provided in the Contract between the Parties are divisible.
8. In every case, Parties are shall inform each other immediately if the performance of any obligation undertaken in the Contract is expected to face obstacles.
9. The Service Provider shall be entitled to assign its rights under the Contract solely with the Programme Owner’s prior written consent.
10. The Parties’ Contract shall not incorporate any practices whose application the Parties agreed on or established during their prior business relationship. Furthermore, the Contract shall not incorporate any practices widely known and regularly applied by parties to similar contracts in the given business sector.
Date: Budapest, 08 January 2019