General Terms and Conditions
These General Terms and Conditions (‘GTC') set out the general terms and conditions of contracts entered into for the renting, for the purposes of events or other cultural activities, of the premises of the Pesti Vigadó building, managed by Pesti Vigadó Nonprofit Limited Liability Company (1051 Budapest, Vigadó tér 2., number in the Register of Commerce and Companies: 01-09-191474, the ‘Lessor'), and for the provision of additional services according to the Lessee's requirements.
As a basic statutory function of the Lessor's Founder, the Hungarian Academy of Arts, the Pesti Vigadó managed by the Lessor is intended to serve as a venue for distinguished professional and artistic events and activities. Its duties include the establishment of extensive cooperation for artistic, cultural and protocol purposes within Hungary and on an international level in order to achieve the public service mission referred to above.
The Lessor enters into contracts in accordance with the above goals, provided that the event or artistic activity conducted on the basis of this GTC (and the specific contracts) shall be compatible with the above goal and the values represented by the Hungarian Academy of Arts.
Therefore, the Lessee agrees that, during the events and artistic activities held at the rented premises, it will pay particular attention to maintaining the dignity and high reputation of the rented property and understands that it is in the Lessor's eminent interest to enforce the system of requirements set out herein.
The Lessee shall be any natural person or entity renting space at the premises defined above on the basis of a specific agreement entered into with the Lessor.
In the event of any conflict between the provisions of the GTC and the specific lease contract entered into with the Lessee, the provisions of the specific lease contract shall prevail.
1. SCOPE OF THE CONTRACT AND THE SERVICES PROVIDED BY THE LESSOR AT THE RENTED PREMISES AND INCLUDED IN THE RENT
1.1. On the basis of a specific lease contract (‘Lease Contract') entered into with the Lessee, the Lessor hereby grants the Lessee the right to use the premises of the Pesti Vigadó building (‘Leased Premises'), managed by the Lessor, as specified under the specific Lease Contract.
1.2. The Lessee shall only use the premises for the purposes of the event defined under the Lease Contract, based on the event plan approved by the Lessor. The event plan shall set out the expected maximum number of participants at the event (‘Event'), a description of activities conducted during the Event, the chronological schedule of such activities, the required special security conditions, a detailed description of technical requirements and any other relevant measures concerning the activities. Once the Lease Contract has been signed, the Lessor and the Lessee shall agree on the details of the event plan, finalising and mutually approving the event plan no later than by the 5th day prior to the date of the event. The finalised and mutually approved event plan shall be attached to and be an organic part of the Lease Contract. The event plan shall be forwarded to the Lessor by the Lessee's contact person appointed as specified in Section 10.1 by either of the methods set out under Section 10.3 and shall be approved by the Lessor's contact person appointed as specified in Section 10.1 by confirming the event plan by either of the methods set out under Section 10.3 unless the event plan is signed by the Parties' representatives. In the absence of an approved event plan or exhibition plan, the Lessor may refuse to perform the Lease Contract without the legal consequences of a breach of contract; in the latter situation, the provisions of Section 6.1 shall apply where the event plan has not been approved for reasons within the Lessee's control. Any amendment to the Lease Contract or the event plan shall be requested by the Lessee solely in writing, no later than 5 days prior to the date of the Event; any request received within 5 days of the date of the Event may be dismissed by the Lessor. Any activities and programs conducted at private events shall be compatible with the mentality and the cultural values represented or mediated by Pesti Vigadó; therefore, the Lessee shall inform the Lessor of the planned activities in advance, by the time the Lease Contract is concluded. In the absence of such information, the Lessor may prohibit the activities failing to meet the above criteria and shall notify the Lessee of that decision.
1.3. By taking possession of the Leased Premises and the related equipment, tools and accessories, the Lessee shall not be vested with the ownership of the Leased Premises and the related equipment, tools and accessories; the Parties' intention is restricted to the granting of a temporary right of use for a charge.
1.4. During the term of the lease, the Lessor shall grant access to the utilities (electricity, gas, water and sewage services) required for the normal use of the Leased Premises.
1.5. Section 2 of the GTC sets out in detail the basic services to be used on a compulsory basis, specifying the services the Lessee is required to use in connection with specific parts of the Pesti Vigadó building.
2. SERVICES TO BE USED BY THE LESSEE ON A COMPULSORY BASIS
2.1. Hostess services: As a basic service for events held at the Pesti Vigadó with up to 100 guests, at least 2 hostesses shall be used: 1 hostess at the Foyer + 1 hostess at the event venue. For events with more than 100 guests, at least one more hostess shall be used at the event venue, with the following exceptions:
for events extending to several floors of the building, at least 1 hostess shall be used on each floor,
for exhibitions held at the ground floor exhibition room and related events, at least 1 hostess shall be used.
The service shall be ordered for a minimum duration of 4 hours. In our guide, the hostess fee has been calculated as the product of the number of hostesses, the duration of the service and the net unit price.
The duties of hostesses may be determined by the customer following consultations with the in-house event organiser. Such duties may include: registration, escorting/guiding of visitors, carrying out program-related duties, preparing and handing over gift packages etc.
2.2. Cloakroom service: Since no coats or bags can be stored in Pesti Vigadó's event rooms, cloakroom services shall be used by the Lessee as follows:
- 1 person for up to 199 guests,
- 3 persons for 200 to 400 guests (2 persons in June, July and August),
- 4 persons for more than 400 guests (3 persons in June, July and August),
The person(s) providing cloakroom services shall take over and watch over the outer garments of visitors and their bags, umbrellas and other accessories and hand out the custom-made tokens used at the cloakroom. Any piece of clothing or accessory shall only be handed out from the cloakroom in return for a token. Visitors losing a token shall be charged HUF 1 500 as a replacement charge.
2.3. Follow-up cleaning service: The follow-up cleaning of Pesti Vigadó shall include the restoration of all Leased Premises to their original condition once all participants have left the premises and all accessories have been removed, and shall include the following activities:
cleaning of the Rented Premises,
replacing sanitary consumables,
collection and removal of a reasonable amount of waste.
The follow-up cleaning service shall not include the costs of collection and removal of substantial amounts of waste, such as: cardboard boxes, PR materials, folders, plastic bottles, cutlery etc., which costs shall be borne by the Lessee. The Lessee shall make the necessary arrangements with the Lessor's Building Management Team concerning the removal of such wastes no later than 5 business days prior to the date of the Event.
2.4. Event security service: The purpose of the event security service is to ensure that the event should be held without any inconvenience, to identify and hold off unauthorised persons (based on an arrangement with the Lessee), to protect participants, the event venue and its surroundings, to prevent disturbances and to evacuate the building in the proper manner in case of an emergency. As part of the event security service, the Lessor shall provide the following services:
a uniformed security guard at the ground floor visitor area (to ensure the controlled entry and exit of visitors),
for up to 300 guests, another uniformed security guard to secure the event,
for 301 or more guests, two more uniformed security guards to secure the event.
2.5. Parquetry protection: A compulsory service in order to ensure the protection of the parquet floor of the listed building, for dance events or events that make great demands on the parquetry of Pesti Vigadó, for which a special dance carpet is provided by the Lessor.
2.6. Ticket collector and usher services: For cultural events organised at the Pesti Vigadó, the house provides ticket collectors and ushers as follows:
In the event of renting the Ceremonial Hall, a staff of 6 if tickets are sold for specific seats and a staff of 3 for other rooms,
if guests are received on a first come first served basis, a staff of 3 for the Ceremonial Hall and a staff of 2 for other rooms.
The ticket collectors shall inspect tickets and subscriptions on entry, and ensure that any person should participate at the event with a ticket or subscription only.
The ushers shall show visitors to their seats and assist them in finding their seats.
3. OPTIONAL SERVICES AVAILABLE TO THE LESSEE
3.1. If so requested by the Lessee, the Lessor shall provide the additional services specified in Annex 2 to the Lease Contract (price quotation and supplementary quotation where appropriate). The additional services shall be ordered by the Lessee in writing. The Order may be confirmed by the Lessor on specific conditions. As far as the additional services are concerned, the Lease Contract shall be entered into upon the acceptance by the Lessee of Annex 2 to the Lease Contract (price quotation and supplementary quotation where appropriate), drawn up by the Lessor in accordance with the Lessee's order. Annex 2 to the Lease Contract shall constitute an organic part of Lease Contract. The cost of additional services shall be invoiced along with the invoice for the rent.
3.2. The costs and other terms of the additional services shall be set out in Annex 2 to the Lease Contract.
3.3. The costs of the additional services ordered by the Lessee, as specified in the Lease Contract or its Annex, shall be payable by the Lessee even if such services or any part of such services have not been provided by the Lessor or used by the Lessee due to reasons within the Lessee's control or any change to the Lessee's circumstances.
4. DURATION OF THE CONTRACT
4.1. The Lease Contract shall enter into force on the day of its execution; where the Parties execute the Lease Contract on different days, it shall enter into force on the day it has been executed by both Parties, from which date the Lessee shall be liable to comply with the requirements under the Lease Contract (including in particular rent payment).
4.2. The Lessor shall be entitled to verify the Lessee's corporate law status prior to entering into a contract and may refuse to conclude a contract if the Lessee is subject to bankruptcy, winding-up, liquidation or forced deletion proceedings, compliance supervision or distress proceedings or its tax number has been deleted or suspended.
4.3. The contract shall be automatically terminated on the expiry of the duration specified in the specific Lease Contract. The Lease Contract shall not be converted into an open-ended contract even if the Lessee continues to use the Leased Premises with the Lessor's knowledge and the Lessor has not raised any objection to such use.
4.4. The Parties shall use the Lease Contract and Annex 1 to the Lease Contract (Event Plan / Exhibition Plan) to specify the duration of the lease, the date of preparing the building, the date of the Event and the time of leaving the premises and removing the installations, provided that the Event shall be deemed to have been completed once the last visitor has left the Pesti Vigadó building.
5. FEE PAYMENT RULES; DELAY IN PAYMENT
5.1. The Lessee shall pay the fee specified in the Lease Contract; such fee shall include the price for using the Leased Premises and the services listed in Section 2 and Annex 2 of the Lease Contract.
5.2. On the basis of its obligations under the specific Lease Contract and agreed to in accordance with the separately ordered and confirmed services and listed in Annex 2 to the Lease Contract, 50% of the fee due to the Lessor shall be payable by the Lessee on a pro forma invoice as a deposit by bank transfer as follows.
Based on the price quotation confirmed by the Lessee and attached to the Lease Contract as Annex 2, the Lessor shall issue a pro forma invoice for 50% of the fee. Where a supplementary quotation is subsequently issued, the Lessor shall issue a pro forma invoice for 50% of the fee based on the price as specified in the supplementary quotation confirmed by the Lessee and attached to the Lease Contract as Annex 2.
Within 10 days of its receipt of such pro forma invoice, but no later than the payment date specified in the pro forma invoice, the Lessee shall pay the deposit specified in the pro forma invoice to the Lessor by bank transfer.
5.3. Within three business days following the crediting of the amount of the deposit on the Lessor's bank account, the Lessor shall issue an advance payment invoice to the Lessee on the amount of the deposit paid on the basis of the pro forma invoice; such advance payment invoice shall not require payment. The Lessor's invoice shall be deemed to have been paid on the day the invoiced amount is credited by the Lessor's account bank to the Lessor's account. At the call by the Lessor, the Lessee shall verify payment of the fee before the end of business hours on the day immediately preceding the date of the Event by presenting the irrevocable transfer order. In the event the Lessee fails to pay the advance in due time, the Lessor may prevent the Event from being held and/or may withdraw from the contract; in that case, the Lessee shall pay a penalty for failure in the amount specified under Section 6.1 of these General Terms and Conditions. However, payment of the penalty shall not relieve the Lessee from its obligation to compensate the Lessor for the damage incurred by it due to the Lessee's breach of contract.
The remaining 50% of the fee specified in the Lease Contract shall be paid by the Lessee within 14 days of the last day of the Event, against the final Invoice issued by the Lessor.
5.4. The amount of the fee shall be specified by the Parties in the specific Lease Contract by the hour. It is in the Lessor's essential interest that the Event should end by the time specified in the contract as it is otherwise unable to calculate and maintain uninterrupted operation. That fact considered, the fee specified in the specific contract shall only be valid if the Event is completed in time.
5.5. The Lessee understands that, for any Event that does not end by 12.00 hours midnight, the Lessor shall charge an amount equivalent to 10% of the rent for each inchoate hour after 12.00 hours midnight. The Event shall in no event extend beyond 2.00 a.m. In the event the Event does not end within 2 hours after the envisaged time or by 2.00 a.m., it shall be deemed as a material breach of contract by the Lessee. The Lessor shall be entitled to terminate the Lease Contract with immediate effect in the event the Lessee has materially breached its obligations under the contract. The Lessee shall be liable to pay the extra hourly charge under this paragraph until the Event terminates or is concluded or until the Lessor has exercised its right to terminate the Contract with immediate effect.
5.6. In addition to the cases listed in Section 5.5, where an Event ends later than the time specified in the Lease Contract, the Lessee shall pay an additional charge equivalent to 35% of the rent for each inchoate hour. No Event shall extend more than 2 hours beyond the originally proposed hour. In the event the Event does not end within 2 hours after the envisaged time, it shall be deemed as a material breach of contract by the Lessee. The Lessor shall be entitled to terminate the Lease Contract with immediate effect in the event the Lessee has materially breached its obligations under the contract. Where an Event terminates later than the time specified in the Lease Contract, the Lessee shall be liable to pay the extra charge for each inchoate hour under this paragraph until the Event terminates or is concluded or until the Lessor has exercised its right to terminate the Contract with immediate effect.
5.7. The Lessee understands that if the duration of the lease is extended in accordance with Section 5.5 or 5.6, in addition to the agreed additional charges, for each inchoate hour, it shall also pay the charges for other services at their respective hourly rates as set out in the Lessor's offer or the individual Lease Contract or Annex 2 of the Lease Contract.
5.8. If no invoice is received by the Lessee, it shall notify the Lessor without delay; the Lessee shall be responsible for any damage arising from its failure to notify the Lessor. The Lessee's obligation to pay the fee (both the rent and the charges for additional services) and the relevant time-limit for payment shall prevail even if the Lessee has failed to receive the relevant invoice for any reason whatsoever.
5.9. The Lessee shall not be entitled to any unilateral set-off, deduction or withholding, on any grounds whatsoever, against the rent or the service charge.
5.10. Should the Lessee miss the due date for payment, it shall be liable to pay default interest on the amount in default, at the rate set out under the applicable provisions of Act V of 2013 on the Civil Code (‘Civil Code').
5.11. The Lessee's obligation to pay the fee shall be independent of payment by any third party, including but not limited to the Lessee's expected income from the sale of tickets or the success of ticket sales. The Lessee shall pay the fee under the Lease Contract even if the number of visitors to the Event fails to meet its prior expectations.
5.12. The Lessee shall be liable for any credibly demonstrated damage caused to the Rented Premises, their equipment or the Lessor's assets or to third parties by the Lessee, the persons invited by the Lessee or the Lessee's assistants during the term of the Lease Contract. The Lessor and the Lessee's representative shall jointly take up minutes of the damage; on the basis of such minutes, the Lessee shall be liable for damages and have financial responsibility for any credibly demonstrated damage arising from reasons attributable to the Lessee or any other person within the Lessee's control.
6. CONSQUENCES OF THE CANCELLATION OF THE EVENT
6.1. In the event the Lease Contract or any part of it is not performed out of the Lessee's fault or due to reasons within the Lessee's control and the Event is cancelled as a result, the Lessee shall pay a penalty for failure at a rate equivalent to a hundred percent (100%) of the rent until the 30th day prior to the date of the Event under the Lease Contract or fifty percent (50%) of the rent between the 31st and the 90th day prior to such date. Before the 90th day prior to the date of the Event under the Lease Contract, the Lessee may withdraw from the contract without giving reasons and without any obligation to pay a penalty. The amount of the penalty may be deducted by the Lessor from the amount of the deposit paid by the Lessee, accounting for the amount in excess of the former vis-à-vis the Lessee. The Lessee shall pay the amount of penalty for failure in excess of the deposit paid within the time-limit specified in the relevant written notice by the Lessor. Failure due to reasons within the Lessee's control shall include if the specific Lease Contract is terminated by the Lessee or the Lessee withdraws from the Lease Contract, unless the termination or withdrawal is due to a breach of contract by the Lessor.
6.2. In the event the performance of the contract is frustrated due to reasons within the Lessor's control, the Lessor shall account for the amount of any previously paid rent and reimburse the Lessee for the damages it has incurred, in accordance with the general rules of civil law, provided that the maximum amount of damages payable shall not exceed the amount of the rent. The Lessor shall not be liable to pay any compensation in excess of that amount. Such limitation of liability is hereby accepted and acknowledged by the Lessee.
6.3. In the event the performance of the contract fails for reasons within both parties' control or outside the reasonable control of either party, the contract shall be terminated and the parties shall square accounts with each other concerning the costs of services already completed.
7. FORCE MAJEURE
7.1. It shall not be considered as a breach of contract if either Party is unable to comply with its obligations under the contract for reasons outside both Parties' reasonable control (Force Majeure). Force Majeure circumstances shall include any unforeseeable circumstances that cannot be prevented by human force (e.g.: war, nationwide strike, earthquake, flood, fire, terrorist acts etc.), which are independent of the Parties' will and directly prevent the Party concerned from complying with its contractual obligations. At the other Party's request, the Party concerned shall present an appropriate certificate of the Force Majeure event, issued by an authority or interest organisation of the country of origin. Force Majeure shall not include the cancellation of the Event due to the illness of the performers concerned or for similar reasons.
7.2. Unless otherwise agreed between the Parties in writing, the time-limits under the contract shall be proportionately extended by the duration of Force Majeure circumstances. Any losses arising from the Force Majeure that cannot be passed on to third parties shall be borne by the Parties concerned. Where an Event already commenced is interrupted on account of Force Majeure, the Lessor shall be entitled to the pro rata amount of the rent for the duration of the Event prior to the Force Majeure.
7.3. The Parties shall immediately notify the other Party in writing of any imminent Force Majeure event or the occurrence and expected duration of Force Majeure. The Party responsible for late notification shall be liable for any damage incurred due to delayed notification of imminent or actual Force Majeure.
8. RIGHTS AND OBLIGATIONS OF THE LESSEE
8.1. In return for the lease and the services provided, the Lessee shall pay a fee in accordance with the provisions of the specific Lease Contract.
8.2. The Lessee shall use the rooms and devices made available by the Lessor under the Lease Contract in accordance with their intended purpose and shall ensure that the rooms and devices should remain fit for normal use. The Lessee shall be responsible for any damage resulting from any misuse of the rooms or devices or any use other than as provided for herein.
8.3. The Lessee shall fully comply with and enforce the instructions of the Lessor's management in connection with the events held at the Pesti Vigadó, as specified in Annex 1 to the GTC.
8.4. In its publications regarding the event (posters, flyers, program booklet and press releases), the Lessee shall use the logo made available by the Lessor and the formal name of the event venue, i.e. PESTI VIGADÓ. In the event of the use of any logos or names other than the official form, the Lessor may require the Lessee to withdraw the publications concerned and claim damages.
8.5. The Lessee shall not sublet the Rented Premises and shall not appoint third persons for the performance of the contract unless the Lessor has consented to such appointment in writing.
8.6. The Parties agree that if, in connection with the Event, the Lessee intends to provide catering services to the guests, such services shall only be provided by the Lessor's contractual partner, through the Lessor; services may only be provided by any other provider with the Lessor's prior written consent; in addition to the fee stipulated in the Lease Contract, a charge of HUF 2,200 (Two Thousand Two Hundred Forints) + VAT per guest shall be payable for each guest admitted to the Event. Annex 2 to the Lease Contract sets out the details of services provided by the catering service provider appointed by the Lessor (menu, wait staff, utensils etc.).
8.7. The Lessor expressly rules out the possibility of any person other than the service providers specified by it providing any paid services at the Leased Premises without the Lessor's prior written consent; such persons may be prevented by the Lessor from entering the premises.
8.8. In the case of service providers under contract with the Lessor or other service providers employed by the Lessee, the Lessee shall be solely responsible for enforcing, during the Event, the special provisions for the protection of minors and juveniles of Act CLV of 1997 on consumer protection.
8.9. In the case of private events, if the guests attending the Event behave in a manner that is detrimental to the dignity and reputation of Pesti Vigadó or violates Pesti Vigadó's house rules, the Lessee shall be liable to pay a penalty equivalent to thirty percent (30%) of the fee under this contract. Conduct in breach of the dignity and reputation of Pesti Vigadó shall include in particular any antisocial and violent behaviour by the guests, which may be likely to intimidate or offend other guests or third persons. Where any such conduct is observed by the Lessor's any employee or representative, such person shall be entitled to call upon the Lessee to terminate such conduct or activity without delay. Should the Lessee fail to comply with such demand, the Lessor's Event Coordinator may order the Event to be stopped. In such cases, the Lessee shall not be entitled to claim for damages or any other remedy.
8.10. The Lessee shall be responsible for carrying out any organisational, preparatory and operative activities related to the Event and for organising the Event, with the exception of services the Lessor has explicitly agreed to provide under the Lease Contract.
8.11. The Lessee declares and, by signing the Lease Contract, the Lessee warrants that it has an unrestricted right to organise the Event according to the Event Plan under Annex 1 to the Lease Contract (i.e. it has obtained all required permits from any competent authorities or other persons concerned) and that it is not subject to winding-up, liquidation or bankruptcy proceedings. On behalf of the Lessee, the Lease Contract shall be signed by a person who has been duly authorised to represent the Lessee.
8.12. The Lessee shall have sole liability for the lawfulness of the use of any work presented at the Event, which constitutes intellectual property under the provisions of Act LXXVI of 1999 on copyright or any other copyright legislation governing such work. The Parties agree that the Lessee shall be the sole user of any copyright-protected work presented at the Event; therefore, any liability vis-à-vis any copyright holders to pay any licence fees or other royalties shall be solely borne by the Lessee. In the event that any copyright holder makes a royalty claim against the Lessor, the Lessee shall assume direct responsibility for such claim at the Lessor's request. The Lessee shall assume a guarantee and full liability for damages to the effect that copyright works and the subject-matter of related rights used at the Leased Premises occupied under this contract shall not violate the rights of copyright holders and the holders of related rights or the statutory or contractual rights of any third party. In the event any third party makes a substantiated claim on any grounds whatsoever vis-à-vis the Lessor on account of such use, the Lessee shall assume full liability in lieu of the Lessor and keep the Lessor indemnified for any loss. The Lessee shall prohibit the participants of the Event from making any image or sound recording at the Event, in particular for copyright-protected performances. Any person, including the Lessee, may only make such recordings with prior written permission by the Lessor. The Lessor shall have no liability whatsoever for any claims lodged on account of any image or sound recording made without the copyright owner's consent; the Lessee shall have sole liability regarding such claims.
8.13. The Lessee shall not use the Leased Premises for any purpose other than organising the Event, ruling out any activities that are not required in order to achieve that goal. While using the Leased Premises, the Lessee (and any other parties involved with a view to organising the Event) shall observe the applicable legislative provisions and the rules applicable to the Pesti Vigadó building, as communicated by the Lessor, including in particular the House Rules and the Access Card Rules that are part of the instructions of the Lessor's management, which are attached to the GTC as Annex 1. The Lessee understands that the House Rules in effect from time to time are available at Pesti Vigadó's website (www.vigado.hu/hazirend). Any changes to the House Rules may be notified to the Lessee through the website; the Lessee shall be responsible for keeping track of any changes to the House Rules.
8.14. With regard to the organisation and completion of the Event, the Lessee may only involve subcontractors or other participants specified in the Lease Contract and shall prohibit its subcontractors from employing further subcontractors. The Lessee shall have full liability for the conduct of its subcontractors and other participants. The Lessee shall assume liability even in the absence of a contract with the person causing the damage if the Lessee or the Lessee's subcontractor has requested that the person causing the damage may enter the Pesti Vigadó building or should participate in the organisation and completion of the Event in accordance with the Access Card Rules.
8.15. The Lessee shall be solely liable for the Event and, therefore, it shall keep the Lessor indemnified for any claim for damages lodged by third parties vis-à-vis the Lessor in connection with the Event and any related incidental costs claimed from the Lessor by third parties in connection with the Event. The Lessee shall be exempt from such liability only to the extent that the service regarding which the claim for damages has arisen was provided by the Lessor to the third party concerned.
8.16. The Lessee shall be responsible for obtaining any administrative consent, authorisation or licence that may be required for the organisation of the Event. The Lessor shall have no liability whatsoever for the absence or partial absence of any administrative consent, authorisation or licence or if such consent, authorisation or licence has been refused or issued with a delay. The Lessee shall be solely responsible for assessing the types of licences required for the Event and the time required in order to obtain such licences. In the event that the Event cannot be held because the Lessee has failed to obtain any required authorisation, licence or consent, this shall be considered as a reason within the Lessee's control, which shall be without prejudice to the Lessee's obligation to pay the fee. The Lessee shall obtain all administrative authorisations, licences or consents as specified above, which may be required in order to operate the Leased Premises and to carry out the activities hereunder; the Lessee shall comply with the requirements set out in such authorisations, licences or consents. The Lessee warrants that the Lessor shall have no liability whatsoever for any breach by the Lessee of its obligations referred to above.
8.17. In the event the Event is cancelled for any reason whatsoever, the Lessee shall be solely responsible for taking back any tickets already sold for the Event and for refunding the price of such tickets, and the Lessor shall have no liability whatsoever in that regard, unless the Parties have agreed on the joint sale of tickets, in which case the Lessor shall refund the price of tickets it has sold directly to the persons having purchased such tickets.
8.18. The Lessee declares that it has sufficient experience at organising similar events and, in consideration of that declaration, the Parties agree that, during the organisation and completion of the Event, the Lessee shall act with reasonable diligence.
8.19. The Lessee shall only use the rooms specified in Annex 2 to the Lease Contract; it shall use any other parts of the building only to the extent it is absolutely required in order to access the Leased Premises and it shall only use such parts of the building in order to access the Leased Premises.
8.20. At least two days prior to the start date of the lease, the Lessee shall notify the Lessor of the names of persons it requests to be authorised to access the Leased Premises during the term of the Lease Contract. Where appropriate, the Lessor may limit the number of persons authorised to enter the premises to the number that is absolutely required in order to organise the Event without difficulties. The required access cards may be taken over by the Lessee at the Lessor's service gate. At the same time, the Lessee shall hand over the list of equipment it has brought and have such equipment registered.
8.21. The Lessee shall not give away free food or beverages on the Leased Premises unless with prior written consent by the Lessor. In the event the Lessee carries out any kind of sales activities on the Leased Premises without the Lessor's consent, it shall pay a penalty in an amount equivalent to ten percent (10%) of the rent specified under the Lease Contract.
8.22. The Lessee shall be entitled to store its assets and equipment required for the organisation and completion of the Event at the room(s) designated for such purpose by the Lessor. The Lessee shall, however, remove from the Leased Premises any of its assets and other chattels, including items with no value, by the hour specified in the Lease Contract on the date of the expiry of the Lease Contract. Should the Lessee fail to comply with such obligation, the Lessor shall be entitled to have the items removed and stored at the Lessee's expense or, in its sole discretion, to have them dismantled and transported to the Lessee's registered address at the Lessee's expense. On the Leased Premises, the Lessee shall not store any hazardous or polluting items or items that pose a risk to health or whose storage is prohibited by the applicable legislation. The Lessor shall have no liability whatsoever for any perishable goods that have been left by the Lessee on the Leased Premises. The Lessee shall arrange for the guarding of stored equipment; the Lessor shall have no liability for the loss of or damage to such equipment.
8.23. The Lessee shall have full liability for the Leased Premises and any fittings and equipment on the Leased Premises until it has returned the Leased Premises to the Lessor's possession.
8.24. The Lessor shall make no alterations on the Leased Premises, including any alterations with no impairment to the building's state of repair, and shall not hang up or secure any item by any means unless with the Lessor's prior consent.
8.25. The Lessee agrees that the level of sound, vibration or noise resulting from its activity shall not exceed the maximum level permitted by the applicable rules and regulations in effect from time to time or 100 dB, whichever is lower. During the term of the lease, the Lessor shall be entitled to check the sound and noise levels and have them adjusted if appropriate.
8.26. During the term of the lease, the Lessee shall be entitled to the exclusive use of the Leased Premises and to determine the persons authorised to enter the rented premises; however, it shall enable the Lessor to enter the premises for monitoring purposes, including without prior notice, provided that the Lessor shall only exercise such right without disturbing or obstructing the organisation and completion of the Event.
8.27. The Lessee shall ensure that, within 3 hours following the closing or end of the Event (but by any means by 6.00 a.m.), the works for dismantling the Event have been completed, the Leased Premises have been restored to their original condition at the time of the start of the lease, any items of the Lessee have been removed from the premises and the Lessee's staff members, agents, subcontractors, assistants and the audience having attended the Event and any performers have left the Leased Premises by the time specified in the Lease Contract for leaving the premises and removing the installations. Should the Lessee fail to comply with the above, in addition to the rent, it shall pay to the Lessor a penalty equivalent to 50% of the rent for each hour of the delay. The Parties expressly rule out the possibility of converting the Lease Contract into an open-ended contract. Any failure by the Lessor to raise an objection against the continued use of the Leased Premises shall not give rise to an extension of the Lease Contract and shall not constitute a waiver of any right vested with the Lessor under the General Terms and Conditions or the Lease Contract. The payment of the penalty shall not relieve the Lessee of its obligation to keep the Lessor indemnified for any damage incurred by the Lessor due to a failure by the Lessee to return the Leased Premises into the Lessor's possession in accordance with the provisions of the General Terms and Conditions or the Lease Contract by the date specified in the Lease Contract.
8.28. The Lessee shall vacate the Leased Premises in the presence of a person appointed by the Lessor, who shall check the Leased Premises. In the event that any damage occurs to the Leased Premises or to the equipment made available to the Lessee as specified in Annex 2 to the Lease Contract, the Lessee shall indemnify the Lessor for such damage.
8.29. The Lessee shall clean up the Leased Premises before returning them to the Lessor. To that end, the Lessee shall use the Lessor's service and the Lessor's cleaning staff for a separate charge.
8.30. The Lessee acknowledges that, with the exception of the case under Section 8.6, it shall purchase the services specified in the Lease Contract and its Annexes from the Lessor or the persons appointed by the Lessor, for a separate charge.
8.31. The Lessee agrees that, in the event any claim is made by a third party vis-à-vis the Lessor on any grounds whatsoever due to a breach by the Lessee of any of its obligations under the General Terms and Conditions and the Lease Contract, the Lessee shall assume full liability in lieu of the Lessor and keep the Lessor indemnified for any loss. Such obligation of the Lessee to assume liability shall be without prejudice to the failure by the Lessor to notify the Lessee of or to enlist the Lessee's aid concerning any judicial or out-of-court proceedings pending with any third party under this Section (including any proceedings with an order for payment).
8.32. The Lessee agrees to cordon off those areas of Pesti Vigadó that are normally open to visitors but are part of the Leased Premises under the General Terms and Conditions and the Lease Contract from other visitor areas of the building in order to ensure that no unauthorised person may enter the Event area. The hostess staff required for that purpose shall be provided by the Lessor to the Lessee for a separate charge, as a compulsory service as specified in the specific Lease Contract. The Lessee understands that the Lessor may organise other events simultaneously with the Event and invite an audience for such other events.
8.33. In the cases and under the terms and conditions specified by the specific Lease Contract, the Lessor may, in consideration of the nature of the Event, lock down the Pesti Vigadó building or any part of the building for the Lessee for a period specified in the specific Lease Contract. The Lessee understands that such lock-down shall only apply to the duration of the private event and shall automatically cease at the time-limit specified for dismantling the Event.
9. RIGHTS AND OBLIGATIONS OF THE LESSOR
9.1. The Lessor shall make available the Leased Premises to the Lessee in a condition fit for normal use for the entire duration specified in the Lease Contract. The Lessor shall guarantee that the Leased Premises are fit for normal use throughout the term of the Lease Contract and no third party has any right that may prevent or restrict their use by the Lessee.
9.2. The Lessor shall be entitled to a lien equivalent to the rent and expenses under this contract for the Lessee's assets held on the Leased Premises. As long as its lien exists, the Lessor may prevent such assets subject to the lien from being removed from the Leased Premises.
9.3. Throughout the Event, the Lessee shall be responsible for the entry and registration of visitors; it shall, however, make use of the persons provided by the Lessor who are familiar with the specific conditions of the building in order to ensure the trouble-free guidance and seating of the audience. The Lessee shall keep records of the number of persons allowed to enter the premises and make available such information at any time at the Lessor's request. The Lessee shall be responsible for ensuring that the maximum permitted number of visitors should not be exceeded. In the event entry to the Event is subject to a charge, the sale of tickets shall either be organised by the Lessee or the Lessee may employ the Lessor's contractual partner to sell tickets for a charge. The Lessee understands that it may only sell tickets at the Event venue on the basis of a prior arrangement with the Lessor's contractual partner; it shall not sell tickets independently; if entry to the Event is subject to a charge, it shall collect such charge in advance as it shall have no opportunity to do so at the Event venue.
9.4. The Lessor shall provide the Lessee with the technical equipment as specified in the Lease Contract and provide advance information to the Lessee on the list of the technical equipment included in the rental of rooms. The Lessee shall only take its technical and decorative equipment onto the Leased Premises with the Lessor's prior written consent, only in cases where the Lessor does not own or have access to the same or similar equipment, suitable for the intended purpose. Where neither the Lessor nor the Lessee is in possession of the equipment suitable for the Event, the Lessor shall obtain the required equipment at the Lessee's expense, provided that there remains a sufficient period during the term of the Lease Contract, in accordance with the dates set out therein. In the failure of the above, the Lessor shall have no liability whatsoever.
9.5. In the case of artistic performances or other types of presentation that so require, the Lessor shall provide an opportunity for rehearsal and tuning and sound check prior to the Event or any other required preparatory activities as set out in the Event Plan.
9.6. The Lessor's staff shall have full access and control rights on the Leased Premises throughout the term of the contract and such right shall not be restricted by the Lessee in any manner. The Lessor's authorised representatives may prohibit, with immediate effect, any program or any part of such program or any activity related to the Event or the preparation or completion of the Event from being started or continued where it is deemed that such program or activity may prejudice the safety or soundness of the visitors or the Leased Premises or its fittings and equipment or is in conflict with the applicable legislative requirements or the provisions of these General Terms and Conditions or the Lease Contract. In such cases, the Lessee shall not be entitled to make any claim for damages vis-à-vis the Lessor.
9.7. The Lessor shall be entitled to continue to use any non-leased sections of the Pesti Vigadó building for its own purposes during the term of the lease and to take any measures in order to ensure the safe and regular operation of the building; it shall further be entitled to carry out any required urgent repairs during the term of the lease, subject to the nature of the Event; it shall not, however, cause any disturbance to the Event beyond the extent that is absolutely necessary in order to resolve any defect. The Lessor may cordon off the areas open for visitors and use such areas for its own purposes or for other events organised at the building at the same time, provided, however, that such use shall not prevent the Lessee from accessing the Leased Premises.
10.1. In the specific Lease Contract, the Parties shall specify the names of persons appointed as their contact persons. Where any notice or information is received from a person other than the other Party's authorised representative or duly appointed contact person or their representatives, the Party sending such information acknowledges that such notice or information may be disregarded by the receiving Party.
10.2. The relevant authorisation shall be issued at least in the form of a private deed of full probative value which shall be handed over to the other Party in original.
10.3. Any official notice or communication under or related to the Lease Contract shall be sent to the other Party in writing; such notice or communication shall be deemed to have been delivered if it has been delivered to the addressee in person or sent by post as a registered item with return receipt requested and such return receipt has been returned with a confirmation of receipt or marked ‘moved to unknown address', ‘addressee unknown', ‘change of address', ‘deficient address' or ‘mail unclaimed'. Official notices and other communications may also be forwarded by the Parties by electronic means (email) if a delivery receipt is attached to the email and the original of the notice or communication is also forwarded by the sender by post where appropriate or where such forwarding is expressly requested by the addressee. Notices delivered in person shall be deemed to be delivered at the time receipt is certified by the signature of the authorised recipient; in the case of notices sent by post, the time of delivery shall be the day specified in the return receipt or the day delivery was attempted if the addressee refused to take over the notice; where delivery was repeatedly attempted (the notice was returned to the sender marked ‘unclaimed', ‘addressee unknown', ‘deficient address' or ‘change of address'), the date of delivery shall be the fifth business day following the day delivery was repeatedly attempted. If the notice was delivered by email, the day of delivery shall be the day the receipt of the email or the communication was confirmed by the addressee.
10.4. The Parties shall legibly make out or complete any document related to the performance of these General Terms and Conditions or the Lease Contract; the names and positions of the signatories shall also be legibly specified. The Parties may refuse to accept any document issued by the other Party's representative where such document does not comply with the above rule and may refuse to comply with their obligation concerning the dismissed document until a legible copy of the same is issued and received.
10.5. Where a copy of an original document is sent to the other Party, the sender's representative shall sign such document and add to it the following: ‘Certified as an exact copy.'
10.6. Any change to their data (including in particular to the company's registered address, bank account or tax number) or the data of their contact persons shall immediately be notified to the other Party. Any demonstrable losses arising from the failure of or delay by a Party to comply with such notification obligation shall be the responsibility of the defaulting Party.
11. PROCESSING OF DATA
11.1. For the personal data of persons participating/intending to participate at the Event organised by the Lessee (‘Visitors'), the Lessee shall be the data controller.
11.2. Where the personal data of visitors is forwarded to the Lessor on an ad hoc basis, the Lessor shall solely act as a processor, as follows:
purpose of data processing: The Lessor, acting as a processor, may process the personal data of persons participating/intending to participate at an Event organised by the Lessee, forwarded to the Lessor by the Lessee, solely for purposes related to the holding or completion of the Event, the controlling of entry and the verification of the right to participate.
scope of the processed data: the name, phone number, home address, employer, position and email address of the data subject and, in the case of identical names, the name of the data subject's mother.
maximum period of storing personal data: following the Event, the personal data of the data subject shall, as a main rule, be erased. Exceptions to the above rule shall include any enforcement of rights or claims, a statutory obligation to retain data, any procedure by any court, the public prosecutor's office, investigative authorities, authorities dealing with administrative offences, administrative authorities, the National Authority for Data Protection and Freedom of Information and any other authority on the basis of a statutory authorisation until such procedure has been finally concluded.
method of storing data: personal data shall be stored by electronic means and manually (in paper format).
12.1. The Lease Contract entered into between the Parties may be terminated in writing with immediate effect or by mutual agreement between the Parties.
12.2. Either Party may terminate the Lease Contract in writing with immediate effect where the other Party has materially breached any of its significant obligations hereunder.
12.3. Material breach by the Lessee shall include in particular if it has breached any of its obligations under Section 8 of this GTC or specified as such in the specific Lease Contract. Material breach by the Lessee shall further include its failure to discontinue the use of the Leased Premises for purposes other than their intended purpose despite the Lessor's request within the time-limit specified by the Lessor.
12.4. Material breach by the Lessor shall include in particular if, at any time during the term of the lease according to the Lease Contract, the Leased Premises are unfit for normal use or if any third party's right prevents the Lessee from occupying the Leased Premises.
12.5. Any bankruptcy, winding-up or liquidation proceedings vis-à-vis the other Party shall give rise to the termination of the specific Lease Contract with immediate effect.
13.1. The Parties agree that the Lease Contract shall not be validly amended unless in writing, with the mutual agreement of the Parties.
13.2. The Parties agree that the Lessor shall not be able to respond to any change in the Lessee's requirements compared to the original agreement set out in the specific Lease Contract unless such changed requirements are communicated to it at least 5 days prior to the date of the Event. No amendment to the contract shall be possible after the 5th day prior to the date of the Event.
13.3. No right set out in the Lease Contract shall be transferred, in whole or in part, without the prior written consent of the other Party.
13.4. The Parties mutually agree that, both during the term of the Lease Contract and following its termination, they shall treat any business or other data or information that have come to their knowledge in connection with this contract and its performance (‘Confidential Information') in confidence. The party becoming aware of the other party's confidential information shall not use such information for purposes other than in connection with the Lease Contract and shall not disclose such information to third parties or publish, copy or reproduce such information without prior written consent by the other party. Such confidentiality obligation and restriction shall not apply to compliance with the Parties statutory reporting obligations and the necessary disclosure of data to the Parties' owners (or their representatives), decision-making bodies, representatives of the bodies supervising their operation or financial management or to their legal, accounting or other professional consultants. The Parties acknowledge that, pursuant to Section 5(5) of Act LXVI of 2011 on the State Audit Office, the State Audit Office is authorised to review purchases financed out of the subsystems of the state budget and contracts affecting assets of the subsystems of the state budget at the customer, natural persons or legal entities acting at, on behalf of or in the representation of the customer, at contracting parties responsible for the performance of the contract and at any person involved in the performance of the contract.
13.5. The Parties agree that each of them shall protect the confidential information of the other Party to the same extent as their own confidential information. Any confidential information received under the Lease Contract, including any copies of such information on any data carrier, shall be returned or destroyed in accordance with the instructions of the owner of information in the following cases: the contract has lapsed or been terminated or it has been so instructed by the owner of information. The Lessor shall comply with the requirements under this Section on the basis of the statutory provisions governing its operation and its internal regulations, where compliance is permitted by the above, subject to the provisions under the previous Section.
13.6. The Parties shall attempt to resolve any disputes in connection with the performance of the Lease Contract through negotiations. The Parties shall attempt to settle disputes through out-of-court negotiations. Where such negotiations prove unsuccessful, the Parties shall submit themselves to the decision of the competent court under the general provisions of Act CXXX of 2016 on the Code of Civil Procedure.
13.7. Matters not provided for in this Contract shall be governed by the provisions of the Civil Code and other applicable legislation.
This Contract shall enter into force on 31 May 2019