General Terms and Conditions of Contract

1. Introductory provisions

1.1.  These General Terms and Conditions of Contract(hereinafter referred to as ‘GTC’) comprise the contractual terms andconditions of PROLOCATE Ltd. (registered office: H-2363 Felsőpakony, Attila utca 11.; registry number: 13-09-148321; taxnumber: 23418563-2-13; hereinafter referred to as ‘Service Provider’) whichare unilaterally determined in advance by the Service Provider for the purposeof concluding contracts without the involvement of the other party, and whichGTC describe the services provided by the Service Provider via the website https://www.prolocate.eu/ (hereinafter referred to as the ‘Website’) and ordered by thepersons, companies and organisations (hereinafter referred to as ‘Client’)ordering the services. In the event of confirmation of the quotation issued bythe Service Provider to the Client and agreement at the time of the provisionof the ordered services, the provisions of these GTC shall be deemed to beaccepted by the Client.

1.2.  Contractsconcluded through the intermediary of the Website concerning the servicesprovided by the Service Provider shall be governed primarily by these GTC andby the provisions of Hungarian Act CVIII of 2001 on certain issues ofelectronic commerce services and information society services, Act CLVof 1997 on consumer protection, Government Decree No. 45/2014 (26.II.)on the detailed rules of contracts between consumers and businesses and ActV of 2013 on the Civil Code (Civil Code).

1.3. If the Parties wish to deviate from the terms andconditions set out in these GTC with regard to specific services, they shallalways do so in the individual contract.

1.4.  If the Client isa private person who qualifies as a consumer according to point 3  subsection (1) of Section 8:1. § of the CivilCode (a natural person who, when ordering the services, acts outside the scopeof his/her profession, self-employment or business activity), he/she ishereinafter referred to as ‘Consumer’ in the GTC and the special provisions forConsumers described below shall also apply to them.

1.5.  Service Providerdeclares that it is not subject to the Code of Conduct under the Act on the Prohibitionof Unfair Commercial Practices against Consumers.

1.6.  Business customs(as per Section 6:63. § (5) of the Civil Code) shall only apply to therelationship of the contracting parties insofar as they do not result themodification of the terms of their contract.

2. The services provided by the Service Providerunder these GTC

The Service Provider provides the following services under these GTC:

  • Residential removals
  • Company removals
  • Rural removals
  • International removals
  • Furniture disassembly and assembly, boxing
  • Moving particularly heavy objects
    • For the provision of services outside Hungary but within the EuropeanUnion, the Service Provider shall conclude a specific contract with the Clientregarding the use, performance, fees and other terms and conditions of theservice.
    • In case of provision of services outside the European Union, the ServiceProvider shall conclude a specific contract with the Client regarding the use,performance, fees and other conditions of the service, with regard to the timeand costs required for the authorisation and other administrational obligationsconnected to the transport to the third country.

3. Items excluded from the use of the service

The Service Provider does not undertake to deliver the items listed below:

  • dangerous materials and goods,
  • goods that may be attacked by pests or parasitesand cause infection,
  • chilled or frozen food and drink,
  • any animals kept in cage or container,
  • objects suspected of being derived from or in any other way connected withthe commission of a criminal offence,
  • money or any cash substitute,
  • cheque or any convertible bond,
  • pornography or any prohibited prints, photographs, graphics,
  • firearms, explosives,
  • any material which has been classified by anypublic authority or other body competent in relation to the transport activityas dangerous, hazardous, prohibited or restricted consignments.

The Service Prover is entitled to refuse the delivery of any item, materialor goods at its discretion for safety reasons or with regard to applicable legalprovisions (e.g. illegal, excisable, flammable, disgusting, perishable goods,or if the packaging of the goods is not suitable to protect the contents duringtransport or endangers the integrity of other shipments).

4. The procedure for concluding the contract

4.1.  The Client maysubmit a request for quotation to the Service Provider by sending an email to office@prolocate.eu or via the Website. The request for quotation does not constitute a paymentobligation for the Client.

The order mustcontain the following:

  • the name, phone number and email of the Client,
  • name, planned time and place of the works requested by the Client, in thecase of removal, the place of departure and destination,
  • the delivery and/or billing address, the contact details for the deliveryaddress,
  • the invoicing currency requested.

For orders placed by email, the Service Provideris not able to verify the actual owner of the email address. If the Clientwishes to place an order from a corporate email as a private person, the Clientshall be responsible for the content of the order.

4.2.  The ServiceProvider shall prepare the quotation based on the data and information providedby the Client, and send it within 3 working days to the email provided by the Clientduring the submission of the request for quotation. The quotation and anyfurther e-mails sent by the Service Provider shall be deemed to be delivered ifit was sent to the email provided by the Client in the request for quotation,even if they are received in the Client's spam account.

4.3.  The Client may,at latest until the acceptance of the offer, remedy the deficiencies, modifythe request for offer, correct the incorrectly recorded data, whichmodification may be made by email or by post sent the Service Provider'scontact details provided in these GTC.

4.4.  Once thequotation sent by the Service Provider is accepted by the Client and theParties agree on the date of provision of the service and other substantialterms and conditions, the Parties shall enter into a contract (hereinafterreferred to as the ‘Contract’). The Client acknowledges that theelectronic contract between the remote parties shall have the same legal effectas if it had been signed in person by the Parties.

4.5.  The languageused in the Contract and in the communication shall be primarily Hungarian,secondarily English, according to the needs of the Client. In case of legaldisputes the Hungarian text shall prevail.

5. Calculation of fees, fee adjustments,surcharges, amendment of the contract

5.1.  The quotationsent by the Service Provider shall include the fees for the loading team andthe vehicle(s) for the number of hours indicated in the quotation.

5.2.  The Parties mayalso agree on different rates from those stipulated in Clause 5.1., in whichcase the hourly rate in the quotation may also vary depending on the number ofloaders and the size/type of the truck. The Service Provider informs the Clienton the rates in advance.

5.3.  As the durationof the provision of the Service may depend on circumstances beyond the controlof the Service Provider (in particular, but not exclusively, if the Client doesnot reserve a parking space and the Service Provider has to move the items amuch greater distance than previously estimated), the Service Provider reservesthe right to set the Contractor's fee at a lower or higher amount than theamount given in the quotation, applying the corrective items included in thequotation, if the number of hours quoted in the quotation differs significantlyfrom the number of hours actually worked by the Service Provider, i.e. theremoval time is significantly shorter or longer. The contractual fee may bereduced to an amount equal to the minimum hourly rate indicated in the quotation(3 working hours on weekdays, 4 working hours on weekends or public holidays).By accepting these GTC, the Client expressly acknowledges that the number ofhours and the total amount stated in the quotation drawn up by the ServiceProvider is an estimation and that the invoiced contractual fee may differ fromthis amount, due to circumstances arising independently of the ServiceProvider.

5.4.  By accepting thepresent GTC, the Client expressly acknowledges that the Service Provider fixesa fee adjustment table for the duration of service indicated in the quotation.If the provision of the service takes place within a shorter period of timethan the duration specified in the quotation, the Service Provider shall reducethe fee up to an amount equal to the minimum hourly rate (3 working hours onweekdays, 4 working hours on weekends or public holidays), and if the durationof the provision of the service takes longer, the contractual fee shall beincreased by the corrective items specified in the quotation.

5.5.  The fee calculatedin the quotation includes the km fee of a single transport between A and Baddresses, unless the quotation is for more rounds. By accepting these GTC, theClient expressly acknowledges that the Service Provider may charge anadditional km fee if more than one address is involved.

5.6.  If the Contractdoes not cover the service of moving object(s) over 100 kg and ‘particularlyheavy objects’, as the request for quotation did not include these items, butlater a need arises, the Client may indicate this by sending an email to office@prolocate.eu at least24 hours before the start of the service. On the basis of this request of theClient, the Service Provider will adjust the number of the loading team andwill also prepare a complementary quotation concerning the movement ofparticularly heavy items. By accepting these GTC, the Client expresslyacknowledges that in the case described above, the final fee will also beadjusted by any additional costs and fees resulting from the incorrectinformation provided by the Client, in addition to the corrective items. Theabove shall also apply in the event that, during the provision of the service,it becomes apparent to the Service Provider that significantly more items is tobe delivered than previously specified by the Client.

5.7.  The Clientacknowledges that the Service Provider may charge additional fees for movingobjects over 100 kg in addition to the contractual fee, which has to becommunicated to the Client in advance.

5.8.  By acceptingthese GTC, the Client expressly acknowledges that the number of hours chargedin the relocation for rural destination (at least one address is not inBudapest) or international destination (at least one address is not in Hungary),the fee shall include the total travel time of the truck(s), in case of whichthe point of origin and point of destination is the head office of the ServiceProvider.

5.9.  By acceptingthese GTC, the Client expressly acknowledges that if the removal takes place onweekends or public holidays upon the request of the Client, the ServiceProvider will charge a surcharge indicated in the quotation.

5.10.  If the Clientwishes to receive a lump sum fixed quotation, he/she may request such from theService Provider before the conclusion of the Contract. In this case, theService Provider shall take into account all possible factors that may have anegative impact on the provision of the service and shall prepare a fixed quotationaccordingly, however the Service Provider shall not have any claim against the Clientafter the performance of the Service, beyond the predetermined, lump sumcontractual fee.

6. Provision of the service

6.1.   Since the duration of the service may depend on circumstances beyond thecontrol of the Service Provider, the Service Provider's arrival at theaddresses after the first delivery on a day depends on the time spent at theaddresses before that time. Consequently, the agreed arrival time is an estimation(excluding the first delivery address of that day), which may differ from theactual arrival time.

6.2.   The Client’s instructions shall not cover the arrangement of activities andshall not make the performance more burdensome. If the Client gives inappropriateor unprofessional instructions, the Service Provider shall warn the Client. If,despite the warning, the Client maintains his instructions, the ServiceProvider may cancel the contract or perform the task in accordance with the Client’sinstructions, at the Client’s risk. The Service Provider shall refuse to followthe instruction if its performance would lead to the violation of a law or anauthority decision, or would endanger others or the property of others.

6.3.   No person other than the employees of the Service Provider shall be presenton the platform of the truck provided by the Service Provider during work or inthe cab of the truck during the transport between A and B addresses, and the Clientor his representative shall not travel with the employees of the ServiceProvider.

6.4.   The Client shall make available the work site to the Service Provider in acondition suitable for performing the services. The Service Provider may refuseto start the service until the Client has fulfilled this obligation. If the Clientfails to fulfil this obligation within a reasonable period of time set by theService Provider, the Service Provider may cancel the Contract and claimdamages.

The Client shall ensure that the goods are properly packed by the datespecified in the Contract. The packaging of the goods must ensure that their contentsare protected from damage, pressure and other handling operations (e.g.cardboard boxes, plastic bags). The packaging must ensure that the contentscannot be accessed without leaving traces on the casing. If the Parties agree so,the Service Provider shall provide the Client with the necessary packagingmaterial (boxes and protective film).

The Client shall ensure that the Service Provider is able to startunloading the goods without delay upon their arrival at the unloading address, inthe presence of the Client or its representative. If the Client fails to do so,the Service Provider shall charge and invoice the Client for the hourly rate ofthe unloading staff on site for the period of the delay and, in the event of afix-rate agreement, shall adjust the fix-rate.

The Client shall be obliged to provide the Service Provider with allrelevant information and data relating to the performance of the removal ingood time before the Service Provider commences the removal and shall draw theService Provider's attention to any known circumstances which may affect thesuccessful performance of the removal.

In particular, the Client is obliged to inform the Service Provider inwriting in advance if the goods to be delivered include large objects orobjects with a value exceeding HUF 300,000.00, as well as extra fragileobjects, given that their delivery requires special treatment and preparationby the Service Provider.

The Client shall provide any documents and official authorisations that maybe required for the removal. As long as the Client fails to comply with thisobligation, the Service Provider may refuse to provide the service.

6.5.   The Client shall provide the general hygiene conditions for the staff ofthe Service Provider. If these conditions are not met, the Service Provider maycancel the contract and the Clients shall pay a penalty equal to the minimumhourly rate (3 hours of work on weekdays, 4 hours of work on weekends or publicholidays). The Client may place a new order with the Service Provider if andwhen the hygiene conditions are met for the commencement of the service.

6.6.   The Service Provider reserves the right to cancel the Contract at least 1week before the commencement of the Service, which shall be communicated to theClient prior to the commencement of the services. In the event of such cancellationby the Service Provider, the Client shall not be entitled to any compensation,indemnity or any other form of pecuniary claim against the Service Provider.

7. Delivery date

7.1.   The Service Provider and the Client shall determine the hourly rate for theprovision of the Service in the concluded Contract. The Client, by accepting these GTC, expressly acknowledges that the Service Provider shall terminate the work at the end of 12 hours from the start of the service or at the latest at20:00. If the Service is not completed within this period or time limit, theParties shall designate another day for the completion of the Service, applying the hourly rates already agreed.

7.2.   If the work lasts longer than the time specified in the quotation and thework exceeds 12 hours per day, or the performance of the service continuesafter 20:00 local time, and the Client requires further performance, the Clientshall pay the daily contractor's fee for the Service Provider upon invoice, andthe Parties can then agree on a new date for the continuation of the performance under the previous conditions. The Service Provider shall ensurethe Client the same conditions and prices for a period of 3 months from thedate of sending the quotation.

8. Term of the contract

8.1.  The Contract is concluded for a fixed term,until the service is completed.

9. Payment

9.1.  Unless otherwisestipulated in the Contract, all payments shall be made in HUF or EUR.

9.2.  The ServiceProvider shall issue an invoice to the Client upon the completion of the work,which shall be either the full service or the service for a maximum of 12 hoursper day or the service until 20:00 local time. The Client shall transfer thetotal amount specified therein to the bank account of the Service Providerindicated on the invoice until the due date of the invoice. If the Partiesagree to issue a cash payment invoice, the Client shall pay the total amountindicated on the cash payment invoice issued by the Service Provider in cash tothe team leader present at the time of performance of the work. By acceptingthese GTC, the Client expressly acknowledges that, in the absence of prioragreement on the payment method, the Client may only pay the fee in cash.

9.3.  In the event oflate payment by the Client, the Service Provider shall charge the legal rate ofinterest referred to in the Civil Code, calculated from the due date to thepayment date.

10.   Cancellation and termination

10.1. The Client may exercise his/her right of cancellation or termination after thecommencement of the performance of the service by sending an unequivocalstatement to the Service Provider's postal or e-mail address, the receipt ofwhich shall be acknowledged by the Service Provider.

10.2. Clients, other than a consumer, may cancel the Contract and change the commencementdate of the service within 7 calendar days prior to the commencement dateindicated in the order, upon payment of a penalty equal to the minimum (hourly)fee indicated in the quotation (3 hours of work on weekdays, 4 hours of work onweekends or public holidays). If, at the time of the conclusion of theContract, there are no longer 7 calendar days available before the agreedstarting time, the Client, other than a consumer, may cancel the Contractwithin 12 hours of the order being placed without penalty. By accepting these GTC,the Client expressly acknowledges that in the event of cancel after the timespecified in this clause, the Client shall pay the Service Provider a penalty equalto the amount of the working time indicated in the quotation, which shall be 3hours for work ordered on a weekday and 4 hours for work ordered on a weekendor public holiday.

10.3. In the event of cancellation/termination of the Client, other than aconsumer, the Client shall pay the proportionate part of the contractual fee tothe Service Provider and compensate the damages caused by the termination ofthe Contract, provided that the compensation shall not exceed the contractualfee stipulated in the Contract.

11. Warranty

11.1. In the event of defective performance by the Service Provider, the Clientmay assert a claim for warranty against the Service Provider in accordance withthe provisions of the Civil Code.

11.2. The Client may request a reparation with regard to the nature of theservice. If the Client refuses the reparation, the Client may request the prorata reduction of the fee or have the defect repaired at the expense of theService Provider or have it repaired by another party.

11.3. The Client is obliged to notify the Service Provider about the defectimmediately after its discovery, but not later than within 8 days from thediscovery of the defect. The Client may no longer enforce its rights ofwarranty beyond the period of one year from the date of performance of thecontract.

11.4. The Client may assert a claim against the Service Provider only upon recordsigned by the Parties on the spot and containing the defect.

11.5. In the event of defective performance, the Service Provider is not obligedto provide a warranty either under the Contract or by law.

12. Claim for damages

12.1. The Service Provider shall be exempted from compensating or repairing thedamage caused to the Client if it proves that it was caused by a circumstancebeyond its control and unforeseeable at the time of the conclusion of thecontract, and that he could not be expected to avoid the circumstance or to avertthe damage.

12.2. The Service Provider's liability for damages shall cover only those assets ofthe Client, for which the Client has made a prior detailed value declarationand handed it over to the Service Provider before the commencement of the work.

12.3. The Client and the Service Provider are obliged to check the condition ofthe property and movables at the end of the performance together, and to take arecord of any damage or loss at the place of performance. The record shallcontain the description of the damage and the signatures of both parties. TheService Provider's liability for damages shall not cover damages that have notbeen recorded.

12.4. The Service Provider shall not be liable for the following damages:

  • Damages of usedfurniture as a result of moving/transportation and connected to its used and/oralready damaged condition, and damage resulting from bumps due to road defects;
  • Damages causedby rodents, insects, other pests and infestations;
  • Damagesresulting from repair, restoration, cleaning operations, leakage orevaporation, atmospheric or climatic changes;
  • Damages offragile items, or items containing a clockwork mechanism, electronic ormotor-driven items (unless the damage has external signs and visibleindications which immediately identify it as having been caused in the courseof providing the service);
  • Damages ofsensitive equipment or flat-pack furniture that has been assembled and is notsuitable for transport when assembled;
  • Any damageresulting from inadequate or incomplete packaging by the Client;
  • Damages to thingsleft inside of furniture or other things;
  • Damages to foodand plants;
  • Damages to allfixtures and fittings which are difficult to access, including, but not limitedto, furniture to be removed from under stairs or furniture which is installedand dismantled
  • Damages of itemsreceived from third parties which are in an unknown condition or already damaged,and to items lost by third parties;
  • Damages tovaluables (money, jewellery);
  • Damages resultingfrom the Client's failure to proceed with the care that is generally expectedunder the given circumstances;
  • Damages causedby acts or omissions of the Client, third parties, customs or otheradministrative authorities;
  • Destruction ordamages of information, images, data, electronic or magnetic data recorded onelectronic media or by photographic means;
  • Damagesresulting from the Client's failure to inform the Service Provider of theexceptional value of the consignment which is not apparent from the outside.

12.5. The Client shall be liable to the Service Provider for any damage caused byinadequate or missing packaging, or by the absence, incompleteness orinaccuracy of data, information or documents relating to the shipment.

12.6. By accepting these GTC, the Client, other than a Consumer, expresslyacknowledges that the Service Provider's liability for breach of contract,including damages and non-material damage, is limited to the total amountindicated in the quotation for the order concerned, except in cases of damages causedby the intentional or grossly negligent conduct of the Service Provider, breachof contract harming human life, physical integrity or health. This limitationshall also apply in the event that the contract between the Parties have beenproven to be invalid or if the Parties would provide services to each other onthe basis of a contract which is no longer in force.

12.7. The Client may use the Website solely at his/her own risk and accepts thatthe Service Provider shall not be liable for any material or non-materialdamage arising from the use of the Website. The Service Provider excludes allliability for the conduct of users of the Website. When using the Website, the Clientshall ensure the security of his/her own computer and data. The ServiceProvider shall not be liable in any form for any damage or loss of data thatmay occur during use.

12.8. The Client is fully and solely responsible for his/her conduct while usingthe Website and for the opinions expressed in the comments stored by theWebsite.

12.9. Neither party shall be liable for the performance of its obligations underthis Contract in cases where they are prevented by circumstances beyond itscontrol, unforeseeable at the time of the conclusion of the Contract, and whichit could not reasonably have been expected to avoid or to prevent (vis major).Such circumstances may include, but are not limited to, acts of war, acts ofterrorism or other emergency, natural disasters, national strikes or unlawfulwork stoppages, extraordinary governmental measures, breakdown ofcommunications systems, server attacks, hacker attacks, unauthorised access,etc. The Parties shall mutually and immediately notify each other of such circumstancesdescribed above.

13. Quality and quantity complaints, complaintshandling procedure

13.1.   The Client maycommunicate any complaint concerning the conduct, activity or omission of theService Provider or of any person acting on behalf of the Service Providerrelated to the provision of the service, orally or in writing to the ServiceProvider via the contact details indicated on the Website.

13.2.   The verbalcomplaint should be investigated immediately and remedied as necessary. If the Clientdoes not agree with the handling of the complaint or if it is not possible toinvestigate the complaint immediately, the Service Provider shall immediatelytake a record of the complaint and its opinion on the complaint and shallprovide the Client with a copy of the record in the case of an oral complaintcommunicated in person, or, in the case of an oral complaint communicated bytelephone or other electronic communication service, the Client, other than aconsumer, shall send summary of the complaint in email to the Service Provider,otherwise the complaint shall be deemed not to have been communicated.

13.3.   The ServiceProvider is obliged to reply to the written complaint in writing within thirtydays of receipt. The Service Provider shall state the reasons for rejecting thecomplaint.

14. Confidentiality

The ServiceProvider acknowledges that all data, facts and information relating to theactivities of the Client, which becomes known during the performance of the removal,the disclosure of which, its acquisition or use by unauthorised persons woulddamage or endanger the interests of the Client – and which is not otherwiseclassified as a secret by the law – shall be considered confidentialinformation.

The ServiceProvider shall be obliged to keep the confidential information that has come toits knowledge for a period of 3 (three) years from the date of removal, andshall be obliged to keep the business secret without any time limit. Within thescope of its confidentiality obligation, the Service Provider shall not makethe confidential information available to any third party, nor disclose,transfer or publish it. The Service Provider acknowledges that the obligationof confidentiality shall also apply to persons involved in the performance ofthe services. The Service Provider shall be liable for damages as a result ofbreach of confidentiality under the terms of these GTC.

15. Other provisions

15.1.   By acceptingthese GTC, the Client expressly acknowledges that the parties have entered intothe contract after due consideration and assuming the risk of error and that,in this respect, they are not entitled to contest their legal declaration onthe grounds of error. The parties exclude the possibility of challenging thecontract on the grounds of a manifest lack of value.

15.2.   The Partiesshall consider communication by e-mail to be in writing. The Parties shallcommunicate with each other through the persons designated in the specificorder and shall fulfil their notification obligations set out in these GTC, thespecific order and applicable law through such persons.

15.3.   Any changes inthe contact persons shall be reported by the Party concerned to the other partywithin 3 (three) working days of the change.

16. Entry into force and availability

These GTC shallenter into force upon publication on the Website and shall remain in forceuntil revoked. The Service Provider reserves the right to unilaterally modifythese GTC. In any case, the provisions of the GTC published on the Website onthe date of conclusion of the Contract shall apply to the Contract concludedwith the Client.