General Terms and Conditions (GTC)
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1. Data of the Service Provider (Lessor/Operator)
Registered name: MIKES-CREDIT Limited Liability Company
Short name: MIKES-CREDIT Ltd.
Registered seat: 1039 Budapest, József Attila Street 24.
Company registration number: 01-09-424279
Tax number: 26672832-2-41
Hereinafter: Service Provider or Lessor.
2. General rules
2.1. These “General Terms and Conditions” regulate the use of the flats/apartments/rooms
rented out by the Service Provider (hereinafter: Premises) within the framework of a long-
term lease relationship, and furthermore the operating rules related to the operation of the
building (e.g. reception, common areas, house rules-type provisions).
The legal relationship is real estate leasing.
2.2. Special, individual conditions do not form part of the published GTC, but do not exclude
the conclusion of separate agreements.
2.3. The lease relationship in all cases comes into existence by concluding an individual
Lease Agreement. The Tenant requests a lease quotation, on the basis of which the Service
Provider sends a written quotation. After the Tenant’s acceptance of the quotation, the Parties
conclude an individual Lease Agreement.
2.4. Property-specific conditions: the essential conditions relating to the specific Premises – in
particular the term of the lease, rent, deposit/security deposit, payment schedule, utility and
cost bearing, number of persons moving in, permission of pets, the order of taking possession
and return – are recorded in the written quotation relating to the given Premises and in the
individual Lease Agreement, and those are governing.
3. Contracting party
3.1. The Premises rented out by the Service Provider is used by the Tenant.
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3.2. If the order/statement of intent relating to the lease relationship is submitted by the Tenant
directly to the Service Provider, then the Tenant is the Contracting Party. The Service Provider
and the Tenant together – in the event that the conditions are met – become contracting parties
(hereinafter: Parties).
3.3. If the procedure aimed at creating the lease relationship is carried out by a third person
(hereinafter: Intermediary) on behalf of the Tenant, the conditions of cooperation are
governed by the contract concluded between the Service Provider and the Intermediary. In
this case, the Service Provider is not obliged to examine whether the third person lawfully
represents the Tenant, provided that the representation has been proven.
4. Conclusion of the Contract, request for quotation/acceptance of quotation, amendment, notification obligation
4.1. Upon the Tenant’s request for quotation sent verbally or in writing, the Service Provider
sends a written quotation. If no acceptance arrives within 48 hours from the sending of the
quotation, the Service Provider’s offer binding force ceases.
4.2. The lease relationship comes into existence, on the basis of the quotation accepted by the
Tenant, by concluding the written Lease Agreement signed by the Parties. Verbal consultation,
verbal agreement, or its verbal confirmation does not in itself qualify as concluding a contract.
4.3. The Lease Agreement is for a definite period (fixed term or indefinite term), according to
the individual Lease Agreement.
4.3.1. If the Tenant permanently moves out/leaves the Premises before the expiry of the
definite period, the settlement between the Parties and the legal consequences are formed
according to the individual Lease Agreement.
4.3.2. For the extension of the lease initiated by the Tenant (in the case of a fixed term), the
prior consent of the Service Provider is required.
4.4. For the amendment and/or supplementation of the Lease Agreement, a written agreement
signed by the Parties is required.
4.5. Found objects must be kept by the Service Provider for 24 hours, after which – if their
owner does not come forward – it is entitled to destroy them or have them removed.
5. Cancellation/failure conditions (before taking possession)
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5.1. If no other condition has been recorded in the written quotation or in the individual Lease
Agreement, until 10:00 a.m. on the day preceding the day of taking possession (check-in) the
Tenant may cancel/postpone the planned taking possession without penalty.
a) If the Tenant does not fulfil the conditions of taking possession (in particular: payment of
the security deposit/deposit and the first due fees) according to the individual agreement, the
Service Provider’s obligation to hand over possession ceases immediately.
b) If the Tenant has fulfilled the conditions of taking possession, however on the day of taking
possession does not appear and does not notify this in writing in advance, the Service
Provider’s obligation to hand over possession ceases immediately, and the Tenant loses an
amount corresponding to 1 (one) month’s rent as a failure penalty/compensation (if this
amount has already been paid, it shall not be refunded; if it has not been paid, the Tenant is
obliged to pay it).
5.2. In the case of agreements tied to special conditions, the Parties may record different
conditions in the quotation and/or in the individual Lease Agreement.
6. Prices (rents)
6.1. The rent of the Premises, and the related fee items, are recorded in the individual
quotation.
6.2. The Service Provider may freely change the advertised fees until the signing of the
individual Lease Agreement.
6.3. When communicating the prices, the Service Provider indicates the tax content of the
prices (e.g. VAT) in the rate in force at the time of making the offer as regulated by law. The
Service Provider may pass on additional burdens due to changes in the applicable tax laws
with prior notification.
6.4. Current discounts, promotions, other offers may be announced on the website of the
Building.
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8. Method of payment, guarantee (security deposit/deposit)
8.1. The due dates and the order of payment of the rent, operating fee, utility costs and other
fee items are determined in the individual quotation and in the individual Lease Agreement.
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8.2. The Service Provider is entitled, as security for the lease relationship in particular:
a) to request a security deposit/deposit,
b) to request, as a condition of moving in, the advance payment of the rent of the first period
and/or other fees.
8.3. The method of payment is bank transfer.
8.4. Any cost related to the application of any method of payment shall be borne by the
Tenant.
9. Order of use (taking possession and return) – check-in / check-out
9.1. The Tenant may occupy the Premises from 14:00 on the day of taking possession
(Check-in), and on the day of termination/expiry of the legal relationship is obliged to leave
and hand it over by 10:00 (Check-out). The Parties record that the expressions “check-in /
check-out” in the lease relationship mean the time of taking possession, and respectively the
time of moving out and return.
9.2. If the Tenant wishes to occupy the Premises before 14:00, then – on the basis of an
individual agreement – the pro rata fee of the previous period may be charged.
9.3. If the Tenant wishes to leave the Premises after 10:00, then – on the basis of an individual
agreement – the pro rata fee of the following period may be charged.
10. Pets
10.1. Animals may only be brought in on the basis of the prior written consent of the Building
and as the case may be.
10.2. The Tenant is fully responsible for damages caused by the pet.
10.3. For keeping the pet in the Premises, the Service Provider may charge a fee on the basis
of a separate agreement.
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11. Refusal of performance of the contract, cessation of the service obligation
11.1. The Service Provider is entitled to terminate the contract relating to the lease
relationship with immediate effect, and/or to refuse handing over possession, if:
a) the Tenant does not use the Premises, and the facility, in a proper manner,
b) the Tenant behaves objectionably, rudely with the security, order of the Building and its
employees, is under the influence of alcohol or drugs, shows threatening, insulting or other
unacceptable behaviour,
c) the Tenant shows conduct that directly endangers the health/personal safety of those staying
in the Building,
d) the Tenant does not fulfil the payment obligations defined in the Lease Agreement by the
specified time.
The differing provisions of the individual agreement (Lease Agreement and accepted
quotation) are governing, and may override what is set out in this point.
11.2. In the event of force majeure, the provisions of point 21 are applicable.
12. Accommodation (substitution) guarantee
12.1. If the Service Provider cannot provide the Premises recorded in the Lease Agreement at
the time of taking possession due to its own fault, it is obliged to provide for the
accommodation/use of the Tenant without delay.
12.2. The Service Provider is obliged:
a) to offer identical or – agreed with the Tenant – similar category Premises at the fee and
conditions undertaken in the Lease Agreement, the additional costs of substitution shall be
borne by the Service Provider,
b) to provide, free of charge, a one-time possibility of notification to the Tenant for
communicating the change.
12.3. If the Service Provider fulfils these obligations and the Tenant accepts the substitution
solution, the Tenant may only have further compensation claim – according to the general
rules – in the case of proven damage.
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13. The Tenant’s illness, death
13.1. If during the existence of the lease relationship the Tenant becomes ill, the Service
Provider – to the extent of its possibilities – may offer medical assistance, and may provide
information.
13.2. In the event of the Tenant’s illness/death, the Service Provider may claim cost
compensation according to the general rules, in particular with regard to proven procedural
and damage settlement costs.
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13.3. In the event of the Tenant’s death, the Service Provider proceeds with observing the
rules of humanity and respect for the dead and the relevant prescriptions.
14. The Tenant’s rights
14.1. The Tenant is entitled to the proper use of the Premises, and of those facilities of the
Building which fall within the usual scope of use, and are not subject to special conditions.
14.2. The Tenant may lodge a complaint in connection with the performance of the Service
Provider during the existence of the lease relationship. The Service Provider undertakes an
obligation to handle the complaint delivered to it in writing with proof (or recorded by it in
minutes).
14.3. The Tenant’s right to lodge a complaint may be restricted after the termination of the
lease relationship – according to the general rules.
15. The Tenant’s obligations
15.1. The Tenant is obliged to settle the consideration for the services/fee items ordered in the
Lease Agreement at the specified time and in the specified manner.
15.2. The Tenant ensures that a child under 14 years of age under his/her responsibility stays
in the Service Provider’s Building only under adult supervision.
15.3. If the Tenant locked himself/herself out by leaving the key in the lock, the cost of
reopening the Premises shall be borne by the Tenant in the amount of 50 Euro.
15.4. In the Premises, every Tenant, or his/her companion, may stay at his/her own
responsibility, observing the security and general provisions regarding property protection,
fire protection and the order of the Building.
15.5. The Tenant may not take food and drink out of the breakfast and sales unit of the Apartment Building.
16. The Tenant’s liability for damages
The Tenant is responsible for all damages, inventory shortages, and disadvantages that the
Service Provider or a third person suffers due to the fault of the Tenant, or his/her companion,
or other persons under his/her responsibility. This liability exists even if the injured party has
the right to claim compensation for its damage directly from the Service Provider.
17. The Service Provider’s rights
If the Tenant does not comply with his/her obligation to pay the fee of penalty-bearing
services used, or ordered in the Lease Agreement but not used, the Service Provider is entitled
to a lien for securing its claims on the personal property items of the Tenant that the Tenant
brought into the Apartment Building.
18. The Service Provider’s obligation
The Service Provider is obliged;
a) to perform the letting/operating service ordered on the basis of the contract according to the
applicable regulations,
b) to investigate the Tenant’s written complaint and to take the steps necessary to handle the
problem, which it is obliged to record in writing as well.
19. The Service Provider’s liability for damages
19.1. The Service Provider undertakes liability for any damage suffered by the Tenant which
occurred within its facilities due to the fault of the Service Provider or its employees.
19.1.1. The Service Provider’s liability does not extend to those damage events that occurred
due to unavoidable cause outside the circle of the Service Provider’s employees and Tenants,
or were caused by the Tenant.
19.1.2. The Service Provider may designate places in the Building where the Tenant may not
enter. For any damage or injury occurring in such places, the Service Provider does not
undertake liability.
19.1.3. The Tenant must report the damage suffered immediately at the reception of the
Apartment Building, and must provide all necessary data to the Building that is necessary for
clarifying the circumstances of the damage event, and possibly for drawing up a police report
/ police procedure.
19.2. The Service Provider also undertakes liability for the damage that the Tenant suffers due
to the loss, destruction or damage of the Tenant’s things, in the event that the Tenant placed
them in the place designated by the Service Provider, or generally intended for this, or in the
Premises, or handed them over to an employee of the Service Provider whom he/she could
consider authorised to take over his/her things.
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19.2.1. For valuables, securities and cash, the Service Provider is only liable if it expressly
took over the thing for safekeeping, or the damage occurred due to a cause for which it is
liable according to the general rules. In this case, the burden of proof lies on the Tenant.
19.3. The maximum amount of compensation is ten times the daily (pro rata) rent amount
according to the Lease Agreement, except if the damage represents a smaller value than this.
20. Confidentiality, data processing and camera system
The Service Provider is obliged, during the performance of the contract, to proceed in
accordance with the provisions of the applicable data protection laws.
Upon entry into the building, the operator may apply camera surveillance for security
purposes – observing the principle of necessity and proportionality:
– upon the Tenant’s entry and exit, a video recording may be made, on which possibly the
Tenants and their visitors may also appear. The Service Provider uses the recordings
exclusively for a purpose related to the operation and security of the Building, and – in the
absence of a different legal obligation – deletes/destroys them after 30 days. The recordings
may be handed over exclusively upon an authority request defined in law, for official use
purposes.
21. Force majeure
Such cause or circumstance (for example; war, fire, flood, adverse weather conditions, power
shortage, occurrence of strike) over which the party has no control (force majeure) releases
any party from the performance of their obligations arising from the Contract as long as such
cause or circumstance exists. The parties agree that they do everything possible in order to
reduce the possibility of the occurrence of these causes and circumstances to the lowest
possible level, and to eliminate and remedy the damage or delay caused thereby as soon as
possible.
22. Applicable law, acting court
The provisions of the Hungarian Civil Code are applicable to the legal relationship between
the Service Provider and the Tenant. For conducting any legal dispute arising from the lease
relationship, the court having jurisdiction according to the location of the Premises is
competent.
The Tenant has become acquainted with the General Terms and Conditions at the same time
as signing the Lease Agreement (or registration form), has acknowledged them, and accepts
them as binding on himself/herself.
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