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PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. LAST UPDATED 01.10.2024.

Blue Fox The Bar (“The Bar”) makes information and services available on the Website www.bluefoxthebar.com (the “Website”), subject to the following terms and conditions. The access to and use of the Website implies the express and unreserved acceptance of these terms and conditions. The observance and fulfilment of these terms and conditions will be required in relation to any person who accesses or uses the Website. Please do not use the Website if you do not agree to each and every one of these terms and conditions.

The Bar reserves the right, at its sole discretion, to change, modify, add, or remove any of these terms and conditions, or any information contained in the Website at any time without notice. Unless otherwise indicated, such changes will become effective immediately upon the posting of the changes to the Website. Therefore, please check the Website periodically for such changes. You hereby agree that your continued use of the Website means that you accept the revised terms and conditions.

 

1. Eligibility

The reservation services of the Website are available only to individuals who are of sufficient legal age and can form legally binding contracts under applicable law.

You warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act. You agree to be financially responsible for all of your use of the Website. You also warrant that all information provided by you in using the Website is true and accurate and without limitation, or any false or fraudulent reservation.

1.1 Booking Conditions

I. Reservation

  1. A reservation is deemed to have been made upon the bar’s acceptance of your table reservation request. You may receive an acknowledgment of receipt by email after your reservation.
  2. You are solely responsible for your choice of services and the suitability of those services for your need. We cannot be held responsible in this respect.
  3. The Customer does not acquire the right to be provided with specific table.
  4. The Parties to the contract are the bar and the Customer. If a third party placed the order on behalf of the Customer, then that party shall be liable vis­à­vis the bar for all obligations arising from the table reservation contract as joint and several debtor together with the Customer, insofar as the bar has a corresponding statement by the third party.
  5. Online table reservations are not valid for Group Bookings. A “Group Booking” is defined as a booking for 10 people or more with the same appointment request.
  6. In case of any reservation that has been identified as a Group Booking, the bar reserves the right to contact the client in connection with special conditions and rates relating to Group Bookings.
  7. In case of any reservation that has been identified as a Group Booking, the bar reserves the right to refuse and cancel any such reservations if the client has not accepted the bar’s applicable special booking conditions and rates.
  8. For complaints relating to table reservation, please contact the bar directly.
  9. Any claims against the hotel shall be time­barred according to the applicable laws and regulations.

II. Repudiation by Customer (Cancellation, Annulment)/Failure to Use Bar Services (No Show)

  1. Cancellation by the Customer of the contract concluded with the hotel requires the bar’s written consent. If such is not given, then a nominal fee agreed in the contract must be paid even if the Customer does not avail himself of the contractual services. This shall not apply with the breach of obligation of the bar to take into account the rights, objects of legal protection and interests of the Customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
  2. To the extent the bar and Customer agreed in writing upon a date for a cost­free cancellation of the contract, the Customer may cancel the contract up to that date without incurring payment or damage compensation claims by the bar. The Customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis­à­vis the bar by the agreed date.
  3. Reservations with prepayment cannot be changed and/or canceled in any way, and sums paid in advance as a deposit cannot be refunded.
  4. If the reserved table(s) is (are) not used by the Customer, the bar must apply credit for the income from bar consumption to other parties and also for saved expenses.
  5. At its discretion, the bar may demand the contractually agreed compensation and to make a flat­rate deduction for saved expenses. In this case, the Customer shall pay a percentage, determined by the applicable laws or the bar’s internal regulations, of the contractually agreed minimum consumption fee.

III. Privacy Protection

The Personal Data protection policy can be consulted here.

IV. Agreement on evidence

Entry of the necessary bank details and acceptance of these terms and conditions and the reservation form constitute the contractual obligation between the bar and the Customer.

V. Force majeure

We will accept no liability and will not pay any compensation where the performance of our obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond our reasonable control including, but not limited to, flood, earthquake, natural disasters, other acts of God, acts of terrorism, fire or failure of electric power, gas, water or other utility service.

VI. Settlement of disputes and applicable law

In the event of a dispute relating to these terms and conditions, You should first contact our Bar manager to attempt to resolve the dispute amicably.
These terms and conditions and any non-contractual obligations arising in connection with them are governed by the laws of the country where the bar is located. The courts of the country where the hotel is located have exclusive jurisdiction to determine any dispute arising in connection with these terms and conditions, including disputes relating to any non-contractual obligations.

VIII. Web Site Information

While all reasonable efforts have been taken to ensure the accuracy of information on our websites we do not accept responsibility for errors or omissions and reserve the right to amend or cancel the arrangements features on our websites without notice. Please note that in certain circumstances, generic photographic images have been used to represent the general style of the bar.

The content of the websites is our copyright and may not be copied, reproduced, published distributed or amended for any other purpose without our prior written consent.

Trademarks used on the websites are the property of the respective owners. Hyperlinks to third party websites are provided for your convenience. We shall not be held responsible for the content or use of third party sites.

We may modify these terms and conditions at any time.

 

2. Prohibited conduct

You may not use the Website for any purpose that is illegal or unauthorised, and you are exclusively liable for its consequences.

Prohibited conduct includes, but is not limited to:

  • using any device, software or routine to monitor, copy, disrupt, alter, destroy, impair, restrict, tamper, interfere with or attempt to interfere with the Website, its content, or its operation, without The Bar’s prior express written consent;
  • using use any robot, spider, automatic device, or automatic or manual process to monitor, scrape, or copy the Website or any information contained therein, without The Bar’s prior express written consent;
  • using any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the proper operation of the Website;
  • using the Website to collect personal data from others;
  • using the Website in any threatening, libellous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner;
  • engaging in any conduct that is fraudulent, false, misleading or deceptive;
  • engaging in any conduct that violates any applicable law.

 

3. Content 

The information and materials contained in the Website are for general references only. The Bar does not accept liability for the topicality, accuracy, completeness or quality of the information and materials provided unless the mistake occurred intentionally or through gross negligence. In particular, and without limitation, this refers to any loss, additional costs or damage of any kind suffered as a result of any use of any information and materials The Bar provides on the Website.

 

4. Referrals and links 

The Bar has no influence on the design and contents of third party material linked, or referred to, from the Website. Therefore, The Bar expressly distances itself from such material and does not assume responsibility or liability of any nature whatsoever for the activities conducted or information contained in the third party websites.

 

5. Limitation of Liability

In no event will The Bar be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access to or use of, or your inability to access or use, the Website or any materials on the Website. In addition, The Bar shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or defects occurring, or authenticity of, information provided, in connection with the Website; or for any delay or interruption in the transmission thereof to you; or for any claim or losses arising therefrom or occasioned thereby. The Bar shall not be liable for any third party claims or losses of any nature including, but not limited to lost profits, punitive or consequential damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

6. Disclaimer 

The content, services and materials in the Website are provided “as is” and on an “as available” basis without representations or warranties of any kind, either express or implied. In particular The Bar makes no representation or warranty that your use of the Website will be uninterrupted, timely, or free from error.

 

7. Intellectual property 

The Website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights (collectively the “IP”) owned by The Bar and/or other parties. No license to or right in any such IP is granted to or conferred upon you.

All copyright and other intellectual property rights in all text, images, sound, software and other materials contained in the Website are owned by Blue Fox The Bar (Kempinski Hotel Budapest ZRT) or are included with permission of the relevant owners. You may not copy, reproduce, amend, publicly communicate, transform or distribute, by any means and under any form, all or part of the materials included on the Website, if The Bar, or where appropriate, the holder of the relevant rights, has not previously given their express permission in writing.

The Website displays or references trademarks which are registered in numerous trademark offices and agencies throughout the world. You may not use these trademarks for any purpose without the express prior written consent of  The Bar. Blue Fox The Bar considers its trademarks to be valuable assets, and takes infringement of them seriously.

 

8. Privacy policy 

To view our privacy policy, please click here.

 

9. Pixlee terms of use 

Pixlee shall, as a data processor, process your Personal Data on behalf of The Bar (data controller). Your User Content will be transferred and processed in the US. By uploading your User Content on social media sites or /and on The Bar site  you consent to such transfer and processing. To ensure an appropriate level of security in the processing of the transfer of Personal Data from the European Economic Area (EEA) and Switzerland to foreign countries, such as the US, We have entered into data processing agreement, in the so called “Standard Contractual Clauses” (SCCs), with Pixlee. The SCCs have been approved by the European Union for international transfer of Personal Data to processors established in third countries under applicable data protection laws.

 

10. Applicable law and competent jurisdiction 

The terms and conditions, and your use of the Website, shall be governed by the laws of Hungary without regard to its conflict of laws rules. You agree to submit to the exclusive jurisdiction of the courts located in Budapest, Hungary, to resolve any legal matter arising out of these terms and conditions or your use of the Website.

 

11. Severability 

If any part of these terms and conditions should be determined invalid by reason of the relevant laws, it shall be removed without affecting the rest of the terms and conditions. The remaining terms and conditions will continue to be valid and enforceable.

 

12. No waiver 

The Bar’s failure to insist upon or enforce strict performance of any of these terms and conditions shall not constitute a waiver thereof.

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