Privacy

General Terms and Conditions
for Edenred Ticket Restaurant SZÉP Card acceptance
Effective from 25/01/2022
(hereinafter: ‘GTC’)

1. ‘Edenred Ticket Restaurant SZÉP Card’ or ‘Card’: Széchenyi Recreation Card as specified in the Decree and Section 71(1) of Act of CXVII of 1995 on Personal Income Tax (hereinafter: PIT Act), issued by the Issuer as non-transferable, PIN-protected, plastic non-cash means of payment equipped with a chip. The employer benefits pursuant to Section 71(1) of the PIT Act are credited to a restricted payment account, which allows the Cardholder to make payment orders only against the benefits.
2. ‘Cardholder’: a natural person who has an employment relationship with the Client, and who is the beneficiary of a subsidy pursuant to Section 71(1)(b) of the PIT Act and entitled to use the Card on the basis of a framework agreement concluded with the Issuer, as well as the close relative of the Cardholder for whom a partner card is issued.
3. ‘Issuer’: PPS EU SA, a company registered in Belgium under the number 0712.775.202 (1160 Brussels, boulevard du Souverain 165 boîte 9, Belgium). PPS EU SA is operating under the supervision of the National Bank of Belgium, and has been authorised by the same to issue electronic money and provide payment services. 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. G. ép. 3. em.; company registration no.: 01-09-266926; VAT no.: 10884979-2-41, hereinafter: ‘Edenred’), the Issuer’s payment intermediary.
5. ‘Decree’: Government Decree 76/2018 (20 April) on the rules of the issue and use of Széchenyi Recreational Cards.
6. ‘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.
7. ‘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.
8. ‘Client’ or ‘Employer’: the natural or legal person employer who provides the Cardholder with the subsidy under Section 71(1)(b) of the PIT Act.

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 each a ‘Party’. The direct legal relationship between the Issuer and the Cardholder is regulated by the Cardholder GTC. The Service Provider may conclude the Contract with the Issuer in one of two ways:
1.1. Concluding a paper-based contract:
1. the Service Provider completes, signs and returns to the Programme Owner the model contract called Edenred Ticket Restaurant SZÉP Card Acceptance Contract;
1.2. Contract concluded electronically:
1. the Service Provider receives a unique link via SMS or e-mail, which directs the Service Provider to the contracting platform;
2. the Service Provider enters its company and contact details on the platform and declares that it is entitled to conclude the Contract, after which its Contract will be drawn up electronically with the data provided;
3. after reading the Contract, the Service Provider signs the Contract electronically;
4. the Contract is concluded between the Parties when the Service Provider confirms its intention to conclude the Contract by finalising its signature and thereby concludes the Contract;
5. the Contract is recorded, constituting a written contract and shall be sent by the Issuer or the Programme Owner to the Service Provider on a durable medium.
2. The Service Provider enters the Contract with the Issuer 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 shall conclude a Contract only with a Service Provider that is able to provide the services within the scope of its activity, as defined in Section 5(1) of the Decree, or services or products defined in other regulations or other legislation defining the scope of use of the Széchenyi Recreational Card, to the Cardholder. The list of services defined in the Decree is set out in Annex 1 to these GTC. An update of the services listed in Annex 1 pursuant to the Decree shall not constitute an amendment to these GTC. The Service Provider acknowledges that the Contract (for both paper and electronic contracts) is concluded only in respect of the activities/codes indicated in Annex 1 to the Acceptance Point Contract. If there is a change in the activities/codes previously provided by the Service Provider, the Service Provider shall notify the Programme Owner no later than 3 business days before the change occurs, which it may do by resending Annex 1 containing the current activities/code(s) to the Programme Owner.
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. The Service Provider shall be liable for any damage resulting from non-compliance with these rules, thus excluding any liability of the Issuer and the Programme Owner.
6. The Service Provider declares and accepts that neither the Issuer nor the Programme Owner is a party to the legal transaction paid for by using the Card, and that it is concluded independently of them, solely between the Service Provider and the Cardholder. 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 Cardholder, and the Service Provider shall be directly liable for any damage caused to the Cardholder.
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 its/their claims through set-off.
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 using the Card for the payment of the countervalue 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 also be 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, at its own discretion, engage 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 its own benefit during the economic events performed under this Contract, as well as represents that it conducts its activity lawfully, in accordance wit 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 Programme Owner.
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 to 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 Issuer 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 Issuer.
16. The Service Provider expressly undertakes to settle any outstanding refund obligations towards the Cardholder exclusively through the Issuer/Programme Owner, and in such cases to contact the Issuer/Programme Owner without delay.
17. The Service Provider expressly acknowledges and agrees that the cancellation/modification of the transaction or the restoration of the original state may be initiated in the form of a jointly submitted unanimous declaration based on real grounds and submitted jointly with the Cardholder only. 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 Issuer.
18. The Service Provider expressly acknowledges and agrees that the settlement or reimbursement between it and the Cardholder – as well as the related request and the resulting enforcement of claims – may not serve as a basis for set-off 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 provide the Service Provider with the appropriate marketing materials indicating card acceptance.
2. The Programme Owner shall include the Service Provider in the list of card accepting service providers with the following data: name and address of the acceptance point.
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. The Issuer shall enable the use of the Card for contracted Service Providers via POS terminal, by means of identification and approval by phone and through an online authorisation system.

1. The Service Provider warrants that it possesses all personal and material conditions necessary for the performance of the Contract. The Service Provider, in accepting and in the case of payments with the Edenred Ticket Restaurant SZÉP Cards, expressly declares once again that it accepts the GTC.

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 acceptance point (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 bevalto.szepkartya@edenred.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 is obliged to accept the amount of money available to the Cardholder on the Card from the Cardholder as the consideration for the services provided by it and listed in the Decree and in Annex 1 to 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 other non-cash means of payment.

6. The risk resulting from the unauthorised card use 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) 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 must ensure that the Card is accepted and must have at least one of the following options available to process Card transactions:
10.1. POS terminal,
10.2. phone identification and authorisation in the presence of both the Service Provider and the Cardholder,
10.3. online authorisation system.

11. It is the Service Provider’s responsibility to commence the upgrading of the POS terminals to make them suitable for Card acceptance, 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, upon written request of the Issuer or the Programme Owner, transfer to the Issuer’s account within 3 business days the amount of the transaction for which the Cardholder has objected and requested reimbursement within 60 days of the transaction. The Issuer or the Programme Owner credits back the amount of the given transaction to the Cardholder’s 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.

14. If the Cardholder does not acknowledge the legitimacy of the transaction and the Issuer and/or the Programme Owner, after consulting with the Cardholder and the Service Provider, requesting and examining the necessary documentation, has found the Cardholder’s complaint to be justified, the Issuer and/or the Programme Owner shall be entitled to request the Service Provider in writing to transfer the amount of the transaction (purchase) to the Issuer’s account without delay, but no later than 5 days, if the transaction (purchase) took place within 13 months prior to the notification of the claim. For transactions under this Section beyond the 13 months, the claim is no longer enforceable. If the Service Provider does not execute the transfer within 30 days of the written request of the Issuer and/or the Programme Owner at the latest, the Issuer and/or the Programme Owner shall be entitled to deduct the amount concerned in subsequent settlements or, if it is not able to do so, to initiate recovery proceedings or terminate its contract with the Service Provider. If the legitimacy of the Cardholder’s claim is established before the Issuer and/or the Programme Owner has transferred the amount of the transaction to the Service Provider, the Issuer and/or the Programme Owner shall be entitled to deduct the amount concerned from the amount transferred to the Service Provider in the course of settlement.

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 the right to unilaterally modify the fee in accordance with the Decree in force at all times, which modification shall not constitute an amendment to the GTC. 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.szepkartya.edenred.hu or 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 charged to the Service Provider for the use of the Card per transaction is the maximum rate + VAT set by the Decree, but at least HUF 12 + VAT.

4. The Issuer and/or Programme Owner shall invoice the fee provided in Section 3 on a monthly basis, on 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, on the last day of the reference period or in the month following the reference period.

5. The Issuer and/or 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 Act on Value-added Tax in force at all times.

7. The Issuer reserves the right to determine the amount of the fee at the highest possible amount provided by the Decree, by means of a unilateral declaration.

8. The Issuer 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 –, within 4 business days 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. The Issuer and the Service Provider agree that each Party (for the purposes of this Section, the terms Parties/Party shall be understood to refer only to the Issuer and the Service Provider) shall comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter ‘GDPR’), Hungarian legislation enacted pursuant to or in accordance with the express authorisation granted by the GDPR, other legislation on data protection, documents issued by the National Authority for Data Protection and Freedom of Information, and the Code of Conduct for the controller.
2. The Parties declare that the personal data provided to each other under these GTC and the Contract will be used solely in the context of the establishment, maintenance and performance of these GTC and the service contract.
3. The Parties shall be considered separately as independent data controllers and shall therefore be obliged individually to ensure that the data subjects are adequately informed.
4. The legal basis for the processing of the personal data of the contact persons is the legitimate interest of the data controllers, i.e. the Parties, namely that the employees of the Parties are able to contact the other company or its designated employee in order to conclude or perform a contract or other business relationship. The proper performance of the contract may also be considered to be in the interest of the Parties. The performance of the contract requires the Parties to designate contact persons and employees to assist in the performance of the contract. This requires the disclosure of certain personal data, which is also a reasonable expectation in business contractual relations and does not have a significant impact on the privacy of the designated employees and contact persons. The purpose of the processing of data is to establish the business relationship and to ensure the proper performance of contracts. For this purpose, one Party shall process the name, e-mail address and telephone number of the employee, contact person of the other Party. A Party or its contact person or other employee shall have the right to know whom the Party has registered as a contact person and may request the rectification or erasure of the data. In addition, the Parties have the possibility to designate a new contact person.
5. The personal data may be disclosed to the Parties’ employees, accounting and tax employees and data processors performing tasks related to the relationship between the Parties, with whom the Party has concluded an appropriate confidentiality agreement and, if necessary, a data processing contract pursuant to Article 28 of the GDPR.
6. The Parties undertake that they have implemented appropriate technical and organisational measures to ensure the security of personal data processed in connection with the performance of the contracts and that they will ensure the security of personal data as set out in Article 32 of the GDPR.
7. In relation to questions concerning personal data processing and requests concerning the exercise of data subjects’ rights, the Parties shall be obliged to take action or assist the other Party with regard to the processing they are carrying out, if a request concerns the other Party.
The Parties agree that they shall act as independent data controllers with regard to the Cardholders’ data, and thus shall independently determine the purposes and means of data processing in their own interest and shall be independently responsible for the security of data processing. If the Cardholders make a request to either Party to exercise their rights in relation to personal data processing (e.g. right of access, right of restriction, right of erasure), they will handle the request within their own scope of interest. If the personal data concerned by the request is (also) processed by the other Party, the other Party will be notified of the request without delay in order to allow the request to be processed within a reasonable time and, if action is necessary, to allow both Parties to take the necessary measures in their respective filing systems.
8. The natural person Service Provider acknowledges that the Issuer and/or the Programme Owner will process the personal data recorded in the contract, as well as the documents and personal data relating to the subject of the contract and provided to the Issuer and/or the Programme Owner at the time of the conclusion of the contract, during the duration of the contractual relationship and in the cases specified by law, even after the duration of the contractual relationship.

1. The Issuer and the Service Provider agree that each Party (for the purposes of this Section, the terms Parties/Party shall be understood to refer only to the Issuer and the Service Provider) shall comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter ‘GDPR’), Hungarian legislation enacted pursuant to or in accordance with the express authorisation granted by the GDPR, other legislation on data protection, documents issued by the National Authority for Data Protection and Freedom of Information, and the Code of Conduct for the controller.
2. The Parties declare that the personal data provided to each other under these GTC and the Contract will be used solely in the context of the establishment, maintenance and performance of these GTC and the service contract.
3. The Parties shall be considered separately as independent data controllers and shall therefore be obliged individually to ensure that the data subjects are adequately informed.
4. The legal basis for the processing of the personal data of the contact persons is the legitimate interest of the data controllers, i.e. the Parties, namely that the employees of the Parties are able to contact the other company or its designated employee in order to conclude or perform a contract or other business relationship. The proper performance of the contract may also be considered to be in the interest of the Parties. The performance of the contract requires the Parties to designate contact persons and employees to assist in the performance of the contract. This requires the disclosure of certain personal data, which is also a reasonable expectation in business contractual relations and does not have a significant impact on the privacy of the designated employees and contact persons. The purpose of the processing of data is to establish the business relationship and to ensure the proper performance of contracts. For this purpose, one Party shall process the name, e-mail address and telephone number of the employee, contact person of the other Party. A Party or its contact person or other employee shall have the right to know whom the Party has registered as a contact person and may request the rectification or erasure of the data. In addition, the Parties have the possibility to designate a new contact person.
5. The personal data may be disclosed to the Parties’ employees, accounting and tax employees and data processors performing tasks related to the relationship between the Parties, with whom the Party has concluded an appropriate confidentiality agreement and, if necessary, a data processing contract pursuant to Article 28 of the GDPR.
6. The Parties undertake that they have implemented appropriate technical and organisational measures to ensure the security of personal data processed in connection with the performance of the contracts and that they will ensure the security of personal data as set out in Article 32 of the GDPR.
7. In relation to questions concerning personal data processing and requests concerning the exercise of data subjects’ rights, the Parties shall be obliged to take action or assist the other Party with regard to the processing they are carrying out, if a request concerns the other Party.
The Parties agree that they shall act as independent data controllers with regard to the Cardholders’ data, and thus shall independently determine the purposes and means of data processing in their own interest and shall be independently responsible for the security of data processing. If the Cardholders make a request to either Party to exercise their rights in relation to personal data processing (e.g. right of access, right of restriction, right of erasure), they will handle the request within their own scope of interest. If the personal data concerned by the request is (also) processed by the other Party, the other Party will be notified of the request without delay in order to allow the request to be processed within a reasonable time and, if action is necessary, to allow both Parties to take the necessary measures in their respective filing systems.
8. The natural person Service Provider acknowledges that the Issuer and/or the Programme Owner will process the personal data recorded in the contract, as well as the documents and personal data relating to the subject of the contract and provided to the Issuer and/or the Programme Owner at the time of the conclusion of the contract, during the duration of the contractual relationship and in the cases specified by law, even after the duration of the contractual relationship.

1. These GTC shall enter into force on 25 January 2022 and form an integral part of the Contract concluded 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 Issuer shall have the right to amend these GTC unilaterally, which amendment shall be published on its website at least 60 days before it enters into force, and shall also disclose information on the modification on the www.szepkartya.edenred.hu or the www.edenred.hu website. A change in the terms and conditions of the GTC due to legislative amendments shall not constitute a unilateral amendment of the GTC; such provisions shall be effective from the date of entry into force of the relevant amendment as published in the Hungarian Gazette. Where the Service Provider does not object in writing up to the effective date of the GTC, the amendments shall be deemed as expressly accepted by the Service Provider. After the amendment enters into force, the legal relationship between the Parties will be governed by the provisions of the amended GTC and those of the Contract. The amendment of the Contract concerning the fee specified in Chapter V shall be exempted from the 60-day time limit provided in this Section if the amendment results from the amendment of the Decree.
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 Service Provider undertakes that if the Programme Owner or the Issuer employs Magyar Posta Zrt. or any courier service, the Service Provider 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 acceptance points or at a specific acceptance point, 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 acceptance point or in the case of multiple acceptance points 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 acceptance point within 24 hours.
3. The matters not regulated in these GTC 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 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 Issuer’s and/or 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, 10 January 2022

List of services defined in the Decree
Services chargeable to the accommodation sub-account pursuant to Section 71(1)(a) of the PIT Act:
• accommodation services (NACE’08 55.10., 55.20., 55.30.),
• domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services),
• any service that is available and can be paid for along with the accommodation service,
• physical well-being activities (activities of spas under NACE’08 96.04.),
• other amusement and recreation activities (beach service under NACE’08 93.29.);

Services chargeable to the catering sub-account under Section 71(1)(b) of the PIT Act:
• restaurant and mobile food service activities (NACE’08 56.10.),
• other food service activities (NACE08’ 56.29.),
• accommodation services (NACE’08 55.10., 55.20., 55.30.),
• physical well-being activities (activities of spas under NACE’08 96.04.),
• other amusement and recreation activities (beach service under NACE’08 93.29.);
• domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services),

Charged to the catering sub-account for food sold between 1 February 2022 and 31 May 2022:
• retail sale in non-specialised stores with food, beverages or tobacco predominating (NACE’08 47. 11)
• retail sale of fruit and vegetables in specialised stores (NACE’08 47.21)
• retail sale of meat and meat products in specialised stores (NACE’08 47.22)
• retail sale of fish, crustaceans and molluscs in specialised stores (NACE’08 47.23)
• retail sale of bread, cakes, flour confectionery and sugar confectionery in specialised stores (NACE’08 47.24)
• other retail sale of food in specialised stores (NACE’08 47.29)
• retail sale via stalls and markets of food, beverages and tobacco products (NACE’08 47.81)

Services chargeable to the leisure sub-account pursuant to Section 71(1)(c) of the PIT Act:
• 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.),
• performing arts (NACE08’ 90.01.),
• museums activities (NACE’08 91.02.),
• botanical and zoological gardens and nature reserves activities (NACE’08 91.04.),
• activities of amusement parks and theme parks (NACE’08 93.21.),
• other amusement and recreation activities (leisure park and beach services, ski resort and sport boat harbour 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.),
• physical well-being activities (NACE’08 96.04.),
• fitness facilities (NACE’08 93.13.),
• 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),
• inland passenger water transport (NACE’08 50.30.),
• other reservation service and related activities (tour guiding under NACE’08 79.90.),
• operation of sports facilities (under NACE’08 93.11.: renting of sports fields, sales of swimming pool ticket and season ticket),
• activities of sport clubs (NACE’08 93.12.),
• sports and recreation education (NACE’08 85.51.),
• renting and leasing of recreational and sports goods (NACE’08 77.21.),
• accommodation services (NACE’08 55.10., 55.20., 55.30.),
• interurban passenger transport by rail (from NACE’08 49.10 only passenger transport by narrow-gauge railway),
• domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services).

 

To be completed for each acceptance point (site) if there are more of them!

NAME OF THE ACCEPTANCE POINT:
ADRESS:
NAME OF THE STORE MANAGER:
PHONE NUMBER:
E-MAIL ADRESS:
WEBSITE ADRESS(OR FACEBOOK):
MID(MERCHANT ID):
TID (POST TERMINAL IDENTIFIER): PLEASE INDICATE ALL TIDS!)
POS TERMINAL OPERATOR:
SUB-ACCOUNTS TO BE ACTIVATED:
ACCOMODATION    ☐ CATERING     ☐ LEISURE     ☐

 

ACCOMODATION

accommodation services (NACE’08 55.10., 55.20., 55.30.) ☐
domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services) ☐
any service that is available and can be paid for along with the accommodation service ☐
physical well-being activities (activities of spas under NACE’08 96.04.) ☐
other amusement and recreation activities (beach service under NACE’08 93.29.) ☐

 

CATERING

restaurant and mobile food service activities (NACE’08 56.10.) ☐
other food service activities (NACE08’ 56.29.) ☐
accommodation services (NACE’08 55.10., 55.20., 55.30.) ☐
physical well-being activities (activities of spas under NACE’08 96.04.)
other amusement and recreation activities (beach service under NACE’08 93.29.) ☐
domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services) ☐

 

CHARGED TO THE CATERING SUB-ACCOUNT FOR FOOD SOLD BETWEEN 1 FERBRUARY 2022 AND MAY 2022

retail sale in non-specialised stores with food, beverages or tobacco predominating (NACE’08 47. 11) ☐
retail sale of fruit and vegetables in specialised stores (NACE’08 47.21) ☐
retail sale of meat and meat products in specialised stores (NACE’08 47.22) ☐
retail sale of fish, crustaceans and molluscs in specialised stores (NACE’08 47.23) ☐
retail sale of bread, cakes, flour confectionery and sugar confectionery in specialised stores (NACE’08 47.24) ☐
other retail sale of food in specialised stores (NACE’08 47.29) ☐
retail sale via stalls and markets of food, beverages and tobacco products (NACE’08 47.81) ☐

 

The definition of Food and the products to be covered by this category for the purposes of these GTC and the Contract and the Decree:
In accordance with Annex 1 of Commission Implementing Regulation (EU) 2021/1832 of 12 October 2021 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff:
(a) products of Sections I to IV, excluding spirits and tobacco and manufactured tobacco substitutes; and
(b) of the products of Section V, salt.

 

LEISURE

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.) ☐
performing arts (NACE08’ 90.01.) ☐
museums activities (NACE’08 91.02.) ☐
botanical and zoological gardens and nature reserves activities (NACE’08 91.04.) ☐
activities of amusement parks and theme parks (NACE’08 93.21.) ☐
other amusement and recreation activities (leisure park and beach services, ski resort and sport boat harbour 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.) ☐
physical well-being activities (NACE’08 96.04.) ☐
fitness facilities (NACE’08 93.13.) ☐
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) ☐
inland passenger water transport (NACE’08 50.30.) ☐
other reservation service and related activities (tour guiding under NACE’08 79.90.) ☐
operation of sports facilities (under NACE’08 93.11.: renting of sports fields, sales of swimming pool ticket and season ticket) ☐
activities of sport clubs (NACE’08 93.12.) ☐
SPORT, SZABADIDŐS KÉPZÉS (TEÁOR’08 85.51.) ☐
sports and recreation education (NACE’08 85.51.) ☐
renting and leasing of recreational and sports goods (NACE’08 77.21.) ☐
accommodation services (NACE’08 55.10., 55.20., 55.30.) ☐
interurban passenger transport by rail (from NACE’08 49.10 only passenger transport by narrow-gauge railway) ☐
domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services) ☐

General Terms and Conditions

General Terms and Conditions
for Edenred Ticket Restaurant SZÉP Card acceptance
Effective from 25/01/2022
(hereinafter: ‘GTC’)

I. Definitions

1. ‘Edenred Ticket Restaurant SZÉP Card’ or ‘Card’: Széchenyi Recreation Card as specified in the Decree and Section 71(1) of Act of CXVII of 1995 on Personal Income Tax (hereinafter: PIT Act), issued by the Issuer as non-transferable, PIN-protected, plastic non-cash means of payment equipped with a chip. The employer benefits pursuant to Section 71(1) of the PIT Act are credited to a restricted payment account, which allows the Cardholder to make payment orders only against the benefits.
2. ‘Cardholder’: a natural person who has an employment relationship with the Client, and who is the beneficiary of a subsidy pursuant to Section 71(1)(b) of the PIT Act and entitled to use the Card on the basis of a framework agreement concluded with the Issuer, as well as the close relative of the Cardholder for whom a partner card is issued.
3. ‘Issuer’: PPS EU SA, a company registered in Belgium under the number 0712.775.202 (1160 Brussels, boulevard du Souverain 165 boîte 9, Belgium). PPS EU SA is operating under the supervision of the National Bank of Belgium, and has been authorised by the same to issue electronic money and provide payment services. 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. G. ép. 3. em.; company registration no.: 01-09-266926; VAT no.: 10884979-2-41, hereinafter: ‘Edenred’), the Issuer’s payment intermediary.
5. ‘Decree’: Government Decree 76/2018 (20 April) on the rules of the issue and use of Széchenyi Recreational Cards.
6. ‘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.
7. ‘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.
8. ‘Client’ or ‘Employer’: the natural or legal person employer who provides the Cardholder with the subsidy under Section 71(1)(b) of the PIT Act.

II. General Provisions

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 each a ‘Party’. The direct legal relationship between the Issuer and the Cardholder is regulated by the Cardholder GTC. The Service Provider may conclude the Contract with the Issuer in one of two ways:
1.1. Concluding a paper-based contract:
1. the Service Provider completes, signs and returns to the Programme Owner the model contract called Edenred Ticket Restaurant SZÉP Card Acceptance Contract;
1.2. Contract concluded electronically:
1. the Service Provider receives a unique link via SMS or e-mail, which directs the Service Provider to the contracting platform;
2. the Service Provider enters its company and contact details on the platform and declares that it is entitled to conclude the Contract, after which its Contract will be drawn up electronically with the data provided;
3. after reading the Contract, the Service Provider signs the Contract electronically;
4. the Contract is concluded between the Parties when the Service Provider confirms its intention to conclude the Contract by finalising its signature and thereby concludes the Contract;
5. the Contract is recorded, constituting a written contract and shall be sent by the Issuer or the Programme Owner to the Service Provider on a durable medium.
2. The Service Provider enters the Contract with the Issuer 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 shall conclude a Contract only with a Service Provider that is able to provide the services within the scope of its activity, as defined in Section 5(1) of the Decree, or services or products defined in other regulations or other legislation defining the scope of use of the Széchenyi Recreational Card, to the Cardholder. The list of services defined in the Decree is set out in Annex 1 to these GTC. An update of the services listed in Annex 1 pursuant to the Decree shall not constitute an amendment to these GTC. The Service Provider acknowledges that the Contract (for both paper and electronic contracts) is concluded only in respect of the activities/codes indicated in Annex 1 to the Acceptance Point Contract. If there is a change in the activities/codes previously provided by the Service Provider, the Service Provider shall notify the Programme Owner no later than 3 business days before the change occurs, which it may do by resending Annex 1 containing the current activities/code(s) to the Programme Owner.
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. The Service Provider shall be liable for any damage resulting from non-compliance with these rules, thus excluding any liability of the Issuer and the Programme Owner.
6. The Service Provider declares and accepts that neither the Issuer nor the Programme Owner is a party to the legal transaction paid for by using the Card, and that it is concluded independently of them, solely between the Service Provider and the Cardholder. 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 Cardholder, and the Service Provider shall be directly liable for any damage caused to the Cardholder.
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 its/their claims through set-off.
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 using the Card for the payment of the countervalue 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 also be 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, at its own discretion, engage 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 its own benefit during the economic events performed under this Contract, as well as represents that it conducts its activity lawfully, in accordance wit 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 Programme Owner.
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 to 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 Issuer 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 Issuer.
16. The Service Provider expressly undertakes to settle any outstanding refund obligations towards the Cardholder exclusively through the Issuer/Programme Owner, and in such cases to contact the Issuer/Programme Owner without delay.
17. The Service Provider expressly acknowledges and agrees that the cancellation/modification of the transaction or the restoration of the original state may be initiated in the form of a jointly submitted unanimous declaration based on real grounds and submitted jointly with the Cardholder only. 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 Issuer.
18. The Service Provider expressly acknowledges and agrees that the settlement or reimbursement between it and the Cardholder – as well as the related request and the resulting enforcement of claims – may not serve as a basis for set-off 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.

III. Commitments by the Issuer and the Programme Owner

1. The Programme Owner shall provide the Service Provider with the appropriate marketing materials indicating card acceptance.
2. The Programme Owner shall include the Service Provider in the list of card accepting service providers with the following data: name and address of the acceptance point.
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. The Issuer shall enable the use of the Card for contracted Service Providers via POS terminal, by means of identification and approval by phone and through an online authorisation system.

IV. Commitments by the Service Provider

1. The Service Provider warrants that it possesses all personal and material conditions necessary for the performance of the Contract. The Service Provider, in accepting and in the case of payments with the Edenred Ticket Restaurant SZÉP Cards, expressly declares once again that it accepts the GTC.

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 acceptance point (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 bevalto.szepkartya@edenred.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 is obliged to accept the amount of money available to the Cardholder on the Card from the Cardholder as the consideration for the services provided by it and listed in the Decree and in Annex 1 to 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 other non-cash means of payment.

6. The risk resulting from the unauthorised card use 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) 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 must ensure that the Card is accepted and must have at least one of the following options available to process Card transactions:
10.1. POS terminal,
10.2. phone identification and authorisation in the presence of both the Service Provider and the Cardholder,
10.3. online authorisation system.

11. It is the Service Provider’s responsibility to commence the upgrading of the POS terminals to make them suitable for Card acceptance, 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, upon written request of the Issuer or the Programme Owner, transfer to the Issuer’s account within 3 business days the amount of the transaction for which the Cardholder has objected and requested reimbursement within 60 days of the transaction. The Issuer or the Programme Owner credits back the amount of the given transaction to the Cardholder’s 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.

14. If the Cardholder does not acknowledge the legitimacy of the transaction and the Issuer and/or the Programme Owner, after consulting with the Cardholder and the Service Provider, requesting and examining the necessary documentation, has found the Cardholder’s complaint to be justified, the Issuer and/or the Programme Owner shall be entitled to request the Service Provider in writing to transfer the amount of the transaction (purchase) to the Issuer’s account without delay, but no later than 5 days, if the transaction (purchase) took place within 13 months prior to the notification of the claim. For transactions under this Section beyond the 13 months, the claim is no longer enforceable. If the Service Provider does not execute the transfer within 30 days of the written request of the Issuer and/or the Programme Owner at the latest, the Issuer and/or the Programme Owner shall be entitled to deduct the amount concerned in subsequent settlements or, if it is not able to do so, to initiate recovery proceedings or terminate its contract with the Service Provider. If the legitimacy of the Cardholder’s claim is established before the Issuer and/or the Programme Owner has transferred the amount of the transaction to the Service Provider, the Issuer and/or the Programme Owner shall be entitled to deduct the amount concerned from the amount transferred to the Service Provider in the course of settlement.

V. Remuneration and payment of the countervalue of the service

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 the right to unilaterally modify the fee in accordance with the Decree in force at all times, which modification shall not constitute an amendment to the GTC. 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.szepkartya.edenred.hu or 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 charged to the Service Provider for the use of the Card per transaction is the maximum rate + VAT set by the Decree, but at least HUF 12 + VAT.

4. The Issuer and/or Programme Owner shall invoice the fee provided in Section 3 on a monthly basis, on 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, on the last day of the reference period or in the month following the reference period.

5. The Issuer and/or 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 Act on Value-added Tax in force at all times.

7. The Issuer reserves the right to determine the amount of the fee at the highest possible amount provided by the Decree, by means of a unilateral declaration.

8. The Issuer 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 –, within 4 business days 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.

VI. Data processing

1. The Issuer and the Service Provider agree that each Party (for the purposes of this Section, the terms Parties/Party shall be understood to refer only to the Issuer and the Service Provider) shall comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter ‘GDPR’), Hungarian legislation enacted pursuant to or in accordance with the express authorisation granted by the GDPR, other legislation on data protection, documents issued by the National Authority for Data Protection and Freedom of Information, and the Code of Conduct for the controller.
2. The Parties declare that the personal data provided to each other under these GTC and the Contract will be used solely in the context of the establishment, maintenance and performance of these GTC and the service contract.
3. The Parties shall be considered separately as independent data controllers and shall therefore be obliged individually to ensure that the data subjects are adequately informed.
4. The legal basis for the processing of the personal data of the contact persons is the legitimate interest of the data controllers, i.e. the Parties, namely that the employees of the Parties are able to contact the other company or its designated employee in order to conclude or perform a contract or other business relationship. The proper performance of the contract may also be considered to be in the interest of the Parties. The performance of the contract requires the Parties to designate contact persons and employees to assist in the performance of the contract. This requires the disclosure of certain personal data, which is also a reasonable expectation in business contractual relations and does not have a significant impact on the privacy of the designated employees and contact persons. The purpose of the processing of data is to establish the business relationship and to ensure the proper performance of contracts. For this purpose, one Party shall process the name, e-mail address and telephone number of the employee, contact person of the other Party. A Party or its contact person or other employee shall have the right to know whom the Party has registered as a contact person and may request the rectification or erasure of the data. In addition, the Parties have the possibility to designate a new contact person.
5. The personal data may be disclosed to the Parties’ employees, accounting and tax employees and data processors performing tasks related to the relationship between the Parties, with whom the Party has concluded an appropriate confidentiality agreement and, if necessary, a data processing contract pursuant to Article 28 of the GDPR.
6. The Parties undertake that they have implemented appropriate technical and organisational measures to ensure the security of personal data processed in connection with the performance of the contracts and that they will ensure the security of personal data as set out in Article 32 of the GDPR.
7. In relation to questions concerning personal data processing and requests concerning the exercise of data subjects’ rights, the Parties shall be obliged to take action or assist the other Party with regard to the processing they are carrying out, if a request concerns the other Party.
The Parties agree that they shall act as independent data controllers with regard to the Cardholders’ data, and thus shall independently determine the purposes and means of data processing in their own interest and shall be independently responsible for the security of data processing. If the Cardholders make a request to either Party to exercise their rights in relation to personal data processing (e.g. right of access, right of restriction, right of erasure), they will handle the request within their own scope of interest. If the personal data concerned by the request is (also) processed by the other Party, the other Party will be notified of the request without delay in order to allow the request to be processed within a reasonable time and, if action is necessary, to allow both Parties to take the necessary measures in their respective filing systems.
8. The natural person Service Provider acknowledges that the Issuer and/or the Programme Owner will process the personal data recorded in the contract, as well as the documents and personal data relating to the subject of the contract and provided to the Issuer and/or the Programme Owner at the time of the conclusion of the contract, during the duration of the contractual relationship and in the cases specified by law, even after the duration of the contractual relationship.

VII. Customer service, complaint handling rules

1. The Issuer and the Service Provider agree that each Party (for the purposes of this Section, the terms Parties/Party shall be understood to refer only to the Issuer and the Service Provider) shall comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter ‘GDPR’), Hungarian legislation enacted pursuant to or in accordance with the express authorisation granted by the GDPR, other legislation on data protection, documents issued by the National Authority for Data Protection and Freedom of Information, and the Code of Conduct for the controller.
2. The Parties declare that the personal data provided to each other under these GTC and the Contract will be used solely in the context of the establishment, maintenance and performance of these GTC and the service contract.
3. The Parties shall be considered separately as independent data controllers and shall therefore be obliged individually to ensure that the data subjects are adequately informed.
4. The legal basis for the processing of the personal data of the contact persons is the legitimate interest of the data controllers, i.e. the Parties, namely that the employees of the Parties are able to contact the other company or its designated employee in order to conclude or perform a contract or other business relationship. The proper performance of the contract may also be considered to be in the interest of the Parties. The performance of the contract requires the Parties to designate contact persons and employees to assist in the performance of the contract. This requires the disclosure of certain personal data, which is also a reasonable expectation in business contractual relations and does not have a significant impact on the privacy of the designated employees and contact persons. The purpose of the processing of data is to establish the business relationship and to ensure the proper performance of contracts. For this purpose, one Party shall process the name, e-mail address and telephone number of the employee, contact person of the other Party. A Party or its contact person or other employee shall have the right to know whom the Party has registered as a contact person and may request the rectification or erasure of the data. In addition, the Parties have the possibility to designate a new contact person.
5. The personal data may be disclosed to the Parties’ employees, accounting and tax employees and data processors performing tasks related to the relationship between the Parties, with whom the Party has concluded an appropriate confidentiality agreement and, if necessary, a data processing contract pursuant to Article 28 of the GDPR.
6. The Parties undertake that they have implemented appropriate technical and organisational measures to ensure the security of personal data processed in connection with the performance of the contracts and that they will ensure the security of personal data as set out in Article 32 of the GDPR.
7. In relation to questions concerning personal data processing and requests concerning the exercise of data subjects’ rights, the Parties shall be obliged to take action or assist the other Party with regard to the processing they are carrying out, if a request concerns the other Party.
The Parties agree that they shall act as independent data controllers with regard to the Cardholders’ data, and thus shall independently determine the purposes and means of data processing in their own interest and shall be independently responsible for the security of data processing. If the Cardholders make a request to either Party to exercise their rights in relation to personal data processing (e.g. right of access, right of restriction, right of erasure), they will handle the request within their own scope of interest. If the personal data concerned by the request is (also) processed by the other Party, the other Party will be notified of the request without delay in order to allow the request to be processed within a reasonable time and, if action is necessary, to allow both Parties to take the necessary measures in their respective filing systems.
8. The natural person Service Provider acknowledges that the Issuer and/or the Programme Owner will process the personal data recorded in the contract, as well as the documents and personal data relating to the subject of the contract and provided to the Issuer and/or the Programme Owner at the time of the conclusion of the contract, during the duration of the contractual relationship and in the cases specified by law, even after the duration of the contractual relationship.

VIII. Term and Termination of the Contract, Final Provisions

1. These GTC shall enter into force on 25 January 2022 and form an integral part of the Contract concluded 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 Issuer shall have the right to amend these GTC unilaterally, which amendment shall be published on its website at least 60 days before it enters into force, and shall also disclose information on the modification on the www.szepkartya.edenred.hu or the www.edenred.hu website. A change in the terms and conditions of the GTC due to legislative amendments shall not constitute a unilateral amendment of the GTC; such provisions shall be effective from the date of entry into force of the relevant amendment as published in the Hungarian Gazette. Where the Service Provider does not object in writing up to the effective date of the GTC, the amendments shall be deemed as expressly accepted by the Service Provider. After the amendment enters into force, the legal relationship between the Parties will be governed by the provisions of the amended GTC and those of the Contract. The amendment of the Contract concerning the fee specified in Chapter V shall be exempted from the 60-day time limit provided in this Section if the amendment results from the amendment of the Decree.
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 Service Provider undertakes that if the Programme Owner or the Issuer employs Magyar Posta Zrt. or any courier service, the Service Provider may not claim not having received a notification on the failure of the attempt to deliver by the postal operator.

IX. Term and termination of the Contract, final provisions

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 acceptance points or at a specific acceptance point, 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 acceptance point or in the case of multiple acceptance points 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 acceptance point within 24 hours.
3. The matters not regulated in these GTC 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 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 Issuer’s and/or 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, 10 January 2022

Annex 1 - List of services defined in the Decree

List of services defined in the Decree
Services chargeable to the accommodation sub-account pursuant to Section 71(1)(a) of the PIT Act:
• accommodation services (NACE’08 55.10., 55.20., 55.30.),
• domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services),
• any service that is available and can be paid for along with the accommodation service,
• physical well-being activities (activities of spas under NACE’08 96.04.),
• other amusement and recreation activities (beach service under NACE’08 93.29.);

Services chargeable to the catering sub-account under Section 71(1)(b) of the PIT Act:
• restaurant and mobile food service activities (NACE’08 56.10.),
• other food service activities (NACE08’ 56.29.),
• accommodation services (NACE’08 55.10., 55.20., 55.30.),
• physical well-being activities (activities of spas under NACE’08 96.04.),
• other amusement and recreation activities (beach service under NACE’08 93.29.);
• domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services),

Charged to the catering sub-account for food sold between 1 February 2022 and 31 May 2022:
• retail sale in non-specialised stores with food, beverages or tobacco predominating (NACE’08 47. 11)
• retail sale of fruit and vegetables in specialised stores (NACE’08 47.21)
• retail sale of meat and meat products in specialised stores (NACE’08 47.22)
• retail sale of fish, crustaceans and molluscs in specialised stores (NACE’08 47.23)
• retail sale of bread, cakes, flour confectionery and sugar confectionery in specialised stores (NACE’08 47.24)
• other retail sale of food in specialised stores (NACE’08 47.29)
• retail sale via stalls and markets of food, beverages and tobacco products (NACE’08 47.81)

Services chargeable to the leisure sub-account pursuant to Section 71(1)(c) of the PIT Act:
• 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.),
• performing arts (NACE08’ 90.01.),
• museums activities (NACE’08 91.02.),
• botanical and zoological gardens and nature reserves activities (NACE’08 91.04.),
• activities of amusement parks and theme parks (NACE’08 93.21.),
• other amusement and recreation activities (leisure park and beach services, ski resort and sport boat harbour 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.),
• physical well-being activities (NACE’08 96.04.),
• fitness facilities (NACE’08 93.13.),
• 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),
• inland passenger water transport (NACE’08 50.30.),
• other reservation service and related activities (tour guiding under NACE’08 79.90.),
• operation of sports facilities (under NACE’08 93.11.: renting of sports fields, sales of swimming pool ticket and season ticket),
• activities of sport clubs (NACE’08 93.12.),
• sports and recreation education (NACE’08 85.51.),
• renting and leasing of recreational and sports goods (NACE’08 77.21.),
• accommodation services (NACE’08 55.10., 55.20., 55.30.),
• interurban passenger transport by rail (from NACE’08 49.10 only passenger transport by narrow-gauge railway),
• domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services).

 

To be completed for each acceptance point (site) if there are more of them!

NAME OF THE ACCEPTANCE POINT:
ADRESS:
NAME OF THE STORE MANAGER:
PHONE NUMBER:
E-MAIL ADRESS:
WEBSITE ADRESS(OR FACEBOOK):
MID(MERCHANT ID):
TID (POST TERMINAL IDENTIFIER): PLEASE INDICATE ALL TIDS!)
POS TERMINAL OPERATOR:
SUB-ACCOUNTS TO BE ACTIVATED:
ACCOMODATION    ☐ CATERING     ☐ LEISURE     ☐

 

ACCOMODATION

accommodation services (NACE’08 55.10., 55.20., 55.30.) ☐
domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services) ☐
any service that is available and can be paid for along with the accommodation service ☐
physical well-being activities (activities of spas under NACE’08 96.04.) ☐
other amusement and recreation activities (beach service under NACE’08 93.29.) ☐

 

CATERING

restaurant and mobile food service activities (NACE’08 56.10.) ☐
other food service activities (NACE08’ 56.29.) ☐
accommodation services (NACE’08 55.10., 55.20., 55.30.) ☐
physical well-being activities (activities of spas under NACE’08 96.04.)
other amusement and recreation activities (beach service under NACE’08 93.29.) ☐
domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services) ☐

 

CHARGED TO THE CATERING SUB-ACCOUNT FOR FOOD SOLD BETWEEN 1 FERBRUARY 2022 AND MAY 2022

retail sale in non-specialised stores with food, beverages or tobacco predominating (NACE’08 47. 11) ☐
retail sale of fruit and vegetables in specialised stores (NACE’08 47.21) ☐
retail sale of meat and meat products in specialised stores (NACE’08 47.22) ☐
retail sale of fish, crustaceans and molluscs in specialised stores (NACE’08 47.23) ☐
retail sale of bread, cakes, flour confectionery and sugar confectionery in specialised stores (NACE’08 47.24) ☐
other retail sale of food in specialised stores (NACE’08 47.29) ☐
retail sale via stalls and markets of food, beverages and tobacco products (NACE’08 47.81) ☐

 

The definition of Food and the products to be covered by this category for the purposes of these GTC and the Contract and the Decree:
In accordance with Annex 1 of Commission Implementing Regulation (EU) 2021/1832 of 12 October 2021 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff:
(a) products of Sections I to IV, excluding spirits and tobacco and manufactured tobacco substitutes; and
(b) of the products of Section V, salt.

 

LEISURE

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.) ☐
performing arts (NACE08’ 90.01.) ☐
museums activities (NACE’08 91.02.) ☐
botanical and zoological gardens and nature reserves activities (NACE’08 91.04.) ☐
activities of amusement parks and theme parks (NACE’08 93.21.) ☐
other amusement and recreation activities (leisure park and beach services, ski resort and sport boat harbour 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.) ☐
physical well-being activities (NACE’08 96.04.) ☐
fitness facilities (NACE’08 93.13.) ☐
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) ☐
inland passenger water transport (NACE’08 50.30.) ☐
other reservation service and related activities (tour guiding under NACE’08 79.90.) ☐
operation of sports facilities (under NACE’08 93.11.: renting of sports fields, sales of swimming pool ticket and season ticket) ☐
activities of sport clubs (NACE’08 93.12.) ☐
SPORT, SZABADIDŐS KÉPZÉS (TEÁOR’08 85.51.) ☐
sports and recreation education (NACE’08 85.51.) ☐
renting and leasing of recreational and sports goods (NACE’08 77.21.) ☐
accommodation services (NACE’08 55.10., 55.20., 55.30.) ☐
interurban passenger transport by rail (from NACE’08 49.10 only passenger transport by narrow-gauge railway) ☐
domestic travel agency and domestic tour operator services (from NACE’08 79.11 domestic accommodation and domestic tour reservation services, from 79.12 domestic package travel agency services) ☐