General terms and conditions of the “LocalCat” cat sitting service
1st September 2022
These general terms and conditions (hereinafter the “GTC”) regulate the rights and obligations of Hakkel Vanda ev. (address: 1118 Budapest, Mányoki út 3., 2/2., tax registration number: 46352763-1-43, hereinafter the “Provider”) and the client (hereinafter the “Client”) to whom the Provider provides the “LocalCat” cat sitting service (hereinafter the “Service”) (the Client and the Provider are jointly referred to as the “Parties”).
I. General provisions
1.This GTC is an inseparable part of all individual contracts concluded for the provision of the Service (hereinafter such individual contracts are referred to as an “Order”). The Client’s explicit acceptance of this GTC is a precondition for concluding a contract for the provision of the Service.
2.The Provider may, at any time, at her own discretion modify or amend this GTC by publishing the updated GTC in force on the www.localcat.huwebsite (hereinafter the “Website”).
3.This GTC is in force from 1st September 2022 until its revocation or amendment.
II. Subject of the Service
1.The exact scope of Services to be provided to you is defined by your Order that has been confirmed by the Provider. The Scope of Services available at any time is listed under the „Services” tab of the Website (https://www.localcat.hu/our-services)
III. Process of an Order
The Services can be ordered in the following way:
1.The Client can contact the Provider through the e-mail address or phone number listed under the „Contact us” tab of the Website. After this – if the Provider would take the Client’s order and has sufficient available capacity – the Provider sends the Order Form to the Client via e-mail, along with the price offer for the specific Order that has been calculated based on the fees indicated under the „Our Prices” tab of the Website. Should the Client accept the offered price, the Client has to fill in all required details on the Order Sheet and send it back to the e-mail address of the Provider listed under the „Contact us” tab of the Website. If it turns out that the Provider lacks the capacity to accept the Order, then it notifies the Client in e-mail accordingly.
2.After receiving the duly filled in Order Form, the Provider processes it and if she can accept the order in line with the terms stated on the Order Form, then the Provider sends an e-mail confirmation to the Client. Please note that by sending the Order Form to the Provider alone, an Order – a contract – is not concluded between the Parties. That only happens if after receiving the Order Form, the Provider confirms its acceptance in e-mail to the Client.
3.After confirming the Order, the Provider, or one of her employees or contractors (hereinafter the „Staff”) will meet the Client in her home, to get to know each other and the cats, to discuss any information necessary for the provision of the Service, and to arrange when and how the keys will be handed over.
4.If, after confirming the Order, the Provider does not receive – in due time – all information necessary for the provision of the Service (including but not limited to the information listed below in Section IV.4-5), then the Provider is entitled to rescind from the Order by notifying the Client prior to the commencement of the Service.
IV. Rights and Obligations of the Client
1.The Client is obliged to pay the full fee to the Provider that is due for the provision of the Service.
2.The Client is obliged to give accurate and definitive instructions to the Provider and her Staff, who are obliged to provide the Service in line with these instructions. The Client acknowledges that the Provider and her Staff will only handle and take care of the cat in line with the Instructions received from the Client.
3.The Client is obliged to give all information to the Provider that is necessary for the Provision of the Service, by filling in the Order Form and in person during their meeting.
4.The Client is obliged to disclose any background information with the Provider or her Staff that they need to know to provide the Service (including but not limited to information concerning the history of the cat, his/her personality, aggression, or illness). The Client also has to provide whether the cat lives indoors, outdoors, or both.
5.The Client is obliged to provide the safety equipment necessary for the provision of the Service (for example, for cats living indoors, the Client must make sure that windows and doors can be closed, or equipped with a safety net); the equipment needed for the care of the cats (including food, water, litter) and for the Provider and her Staff to carry out their work in clean and hygienic environment. Please note that providing food and litter for the cats is not part of the Service, these must be Provided by the Client!
6.The Client is obliged to give the Provider and her Staff two (2) sets of keys for the provision of the Service. If two sets of spare keys are not available, then the Client has to notify the Provider and her Staff about this and has to give them the contact details of a person who – in the unexpected case that an extra set of keys will be needed – would be able to give the Provider and her Staff an extra set of keys. Such person has to be available during the full term of the provision of the Service.
7.The Client is obliged to share the contact details of the cat’s vet with the Provider and her Staff, for the case, if veterinary attention would be needed for the cats during the provision of the Service. For this purpose, a cat transportation box has to be provided by the Client. Should veterinary care be needed, the Client has to reimburse the Provider all related costs (including fees of the vet, medicines, taxi costs, etc.), and has to pay the price of the extra work carried out by the Provider and her Staff in connection with the veterinary care. Such price will be calculated based on the hourly fees set out under the „Prices”tab on the Website.
8.In this regard, please note that the Provider and her Staff are not veterinary professionals. Hence, they can only assess the health state of the cat and thus the need of veterinary assistance based on their experience and best judgement, while keeping in mind that the health and welfare of the cat is their number one priority. Therefore, the Provider assumes no liability if she or her Staff fails to notice a cat’s health problem, unless the Client has notified them about such issue beforehand. For the same reason, the Client is also obliged to pay the Provider the costs of the veterinary care and the Provider’s related fee in the event when it later turns out that there was no need of taking the cat to the vet.
9.Should the Client consent to this on the Order Form, the Provider and her Staff may take photos and videos of the cat and his/her surrounding and use these for marketing purposes without timely or geographic restrictions.
10.The Client acknowledges that if she consented to the use of her personal data for direct marketing purposes on the Order Form, then the Provider may process this personal data and contact the Client for marketing purposes in the future.
11.The Client acknowledges that for the purpose of providing the Service, the Provider and her Staff are going to spend about 30-40 minutes at the Client’s location. During this time, they are going to carry out the tasks specified in the Order, however if the cat does not come out during this time, they are not able to wait for it any longer. If the Provider or her associates – due to unforeseeable vis maior circumstances, beyond their control – have to stay at the location for longer than that, then the Client is obliged to pay a corresponding extra fee for that, based on the hourly rates found under the „Our prices” tab of the Website.
12.The Client acknowledges that the Provider or her Staff are going to visit the cats during the two-three hour time period(s) of the day that has been agreed at the personal consultation, to be the time during which the Services are to be carried out.
13.The Client is obliged to inform the Provider and her Staff if CCTV is operating in the house or its surroundings, and ask for their permission to be recorded, if applicable.
14.The Client acknowledges that the Provider is entitled to change the time of the personal meeting or the handing over of the keys even after confirming the Order, in the case that the Provider or her Staff would not be available at the time specified in the confirmation.
15.The Client acknowledges that if she does not comply with her obligation of cooperation, does not share the necessary information with the Provider, or does not provide the keys or equipment necessary for the provision of the Service, or does not do the above in a due manner (in a manner specified herein, or on the Order Form) until the commencement of the Service, then the Provider may, at her own discretion, rescind from the Order at any time.
16.The Client is obliged to attach a copy of the scanned or photo cover and the page containing the last record of her cat’s Health Record Booklet. If the Client do not provide this, the Provider shall not be obliged to perform the Service.
V. Rights and obligations of the Provider
1.The Provider is obliged to fully carry out all tasks defined in the Order, and to provide the Service in line with the instructions of the Client and with using their best efforts.
2.The Provider is entitled to use sub-contractors during the provision of the Service.
3.The Provider is entitled to receive the Fee, as consideration for the Service.
4.While rendering the Services, the Provider is obliged to consult and cooperate with the Client.
5.The Provider is obliged to send a photo report to the Client after every single visit to the cats, as defined in the Order.
6.The Provider shall be available during the full period of rendering the Service, and to be in touch with the Client – if needed – during this period.
7.The Provider shall promptly inform the Client if during the rendering of the Service, any unexpected issue or circumstances arise, and has to request instructions on how to handle such issue.
8.The Provider shall promptly inform the Client, if during the provision of the Service, such unforeseeable circumstances arise that render the provision of the Service impossible.
VI. Fees, Prices
1.The prices of the Service applicable at any time are available under the „Our Prices” tab on the Website, which section is an inseparable part of this GTC (https://www.localcat.hu/our-prices). The Provider communicates the price offer for each individual order after the Client contacts them, in line with Section III.1. above.
VII. Financial provision, cancellation of the Service by the Client
1. The Provider is entitled to the Fee for the provision of the Service, in line with this Section VII. The exact amount of the fee to be paid by the Client is set out in the Order.
2. Within five (5) days following the last day of the Service, the Provider issues an invoice to the Client, with the details set out in the Order. With the receipt of this invoice, the Client acknowledges that the Provider has duly provided the Service to her.
3. The Fee may be paid in cash or by bank transfer, as chosen by the Client.
4. If the Client chooses to pay in cash, the Fee is due upon the receipt of the invoice. If the Client chooses to pay via bank transfer, she shall transfer the Fee within two (2) business days to the Provider’s account number 11600006-00000001-98229278, kept by Erste Bank. The Fee is deemed to be paid when credited on the above bank account. When the Fee is being paid via bank transfer, please include the name of the Client and the cat in the announcement.
5. Should the payment of the Fee be belated, then the Client has to pay the Provider late interest from the due date to the date of the payment, in the amount of 7%/month.
6. The Client may only cancel a confirmed Order with the following conditions:
a.) if the cancellation takes place within 7-4 prior to the start of the Service, 50% of the Fee has to be paid to the Provider,
b.) If the cancellation takes place within 3 days prior to the start of the Service, the full Fee has to be paid to the Provider.
In such case, the Provider issues the invoice after the cancellation, which the Client has to pay via bank transfer.
VIII. Limitation of liability
1. The Provider excludes her liability for any damages caused by the breach of this agreement, or as a consequence thereof, with the exception of damages that were caused wilfully.
2. The Client is liable for the consequences of a breach of this agreement pursuant to Section 6:142 of Act V of 2013 on the Civil Code.
IX. Data protection
1.By accepting this GTC, the Client gives a voluntary and definitive consent to the Provider to process her personal data provided in connection with the Service (including, the Client’s name, address, phone number, e-mail address, birth place, birth date, invoicing address, name of her cat, picture of the cat and its surroundings, hereinafter the „Data”) for the purpose of providing the Service, and for carrying out any duty arising out of the order, in line with Act CXII of 2011 (Info Act) and Regulation (EU) 2016/679 (GDPR)
2.The Data may be accessed by Hakkel Vanda ev. (address: 1118 Budapest, Mányoki út 3., 2/2., tax registration number: 46352763-1-43), as data processor, and their employees and contractors engaged for the purpose of providing the Service.
3.The duration of the data processing is the time needed for the provision of the Service, but not more than five (5) years from the start of the Service. The Client may, at any time request information on the data processing, and may request her data to be deleted, by sending a written notice to the registered seat of the Provider, which notice must contain information enabling the identification of her Data.
4.The Provider continuously provides the possibility to correct or delete the Data, and fulfils the obligation of the Info Act to provide the required information regarding the data processing.
5.The Provider has to comply with the correction, deletion or information requests as soon as possible, but no later than within 30 days. The information requests may only be denied in cases set out by the relevant legislation.
6.The Client may challenge any measure of the Provider in court, or may file a complaint to the National Authority of Data Protection and Freedom of Information (Nemzeti Adatvédelmi és Információszabadság Hatóság)
X. Miscellaneous
1.The contract concluded between the Parties is effective until both fulfil their respective obligations.
2.Any of the Parties may terminate the contract concluded between them by the way of extraordinary termination, should the other party commit a material breach of the contract, including the following cases:
1.the Provider fails to provide the Service, or provides it with a significant delay;
2.the Provider provides the Service in an unprofessional manner or, without a good reason contrary to the instructions received from the Client;
3.the Client does not comply with her obligation to pay the Fee;
4.the Client fails to give instructions to the Provider, despite being requested.
3.If the Provider terminates the contract by way of extraordinary termination, the Parties are obliged to settle the Services rendered until the day of the termination.
4.In the case of extraordinary termination, the Provider reserves the right to excercise all of its other rights available in case of a breach, including the recovery of damages. The Provider communicates the extraordinary termination to the Client in writing, or in e-mail.
5.It is not a breach of this contract, if for a reason not attributable to any of the Parties (vis maior), one or both of the Parties are unable to fulfil their duties arising out of this contract. Vis maior circumstances are those that are not foreseeable and may not be prevented by human force (eg war, earthquake, flooding, fire, act of terror, etc), which do not depend on the will of the parties, and directly prevent the party from fulfilling her duties.
6.All information, data, and know-how are deemed to be trade secret that the Provider and her staff, and the Client has acquired or became aware of during or in connection with the provision of the Service. The Provider may not use the data, documents and information the Client gave them during or in connection with the provision of the Service in a manner that is harmful to the Client, or may jeopardize their interest, and may not disclose it with third parties.
7.The obligation to keep the trade secret subsists the termination of this agreement, and shall be in force as long as the secret is not published rightfully.
8.This agreement is governed by Hungarian law. The Parties agree to attempt to settle their disputes amicably, and if they are unable to do so, they agree that the ordinary courts of Hungary shall have exclusive jurisdiction for any dispute arising out of or related to this agreement, including a dispute concerning its existence or validity.
9.In the case of a dispute, the Client may also turn to the conciliation board, having jurisdiction at her place of residence. The contact details of the conciliation boards may be found at http://www.fogyasztovedelem.kormany.hu/node/8579
10. Furthermore, online dispute resolution proceedings may also be initiated ont he online dispute resolution platform of the European Commission, that is available at: ec.europa.eu/consumers/odr.