First things first: if you wish to cancel a paid walk, you can do so 72 hours before the start of the walk by emailing info@diversigo.hu and we will refund the price. You can also cancel 24 hours before the walk starts and we will refund 50% of the amount paid. If you cancel the walk within 24 hours, we cannot refund the price. Thank you for your understanding and for helping our walk guides!
Customer’s rights and obligations – right of withdrawal
Information on the consumer’s right of withdrawal
The consumer is entitled to the right of withdrawal under the Civil Code. According to Article 8:1, paragraph 1, point 3 of the Civil Code, only natural persons acting outside the scope of their profession, self-employment or business activity are considered to be consumers.
Legal persons may not exercise the right of withdrawal without giving reasons.
The consumer’s right of withdrawal and termination
Government Decree 45/2014 (26.II.)
§ (1) In the case of an off-premises contract concluded between absentee traders, the consumer shall have the right of withdrawal without giving reasons within the period specified in paragraph (2). In the case of an off-premises and distance contract for the provision of a service, if performance commences after a declaration has been made in accordance with Section 13 or Section 19, the consumer shall have the right to withdraw without giving reasons within the period specified in paragraph (2).
(2) The consumer shall exercise his right of withdrawal or termination under paragraph 1
(a) in the case of a contract for the supply of goods
(aa) the goods,
(ab) in the case of a contract for the supply of several goods, where the supply of each good takes place at different times, to the last good supplied,
(ac) in the case of goods consisting of several lots or items, the last lot or item supplied,
(ad) where the goods are to be supplied regularly within a specified period, the first supply,
the date of receipt by the consumer or a third party other than the carrier and indicated by the consumer;
(b) in the case of a contract for the provision of services, from the date of conclusion of the contract
fourteen days from the date of the conclusion of the contract for the provision of a service.
(3) Paragraph (2)(a) shall not affect the consumer’s right to exercise his right of withdrawal under this section during the period between the date of conclusion of the contract and the date of receipt of the goods.
(4) If the consumer has made an offer to conclude the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer to conclude the contract.
If the consumer has made an offer to conclude the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer to conclude the contract.
Legal consequences of failure to inform the consumer of the right of withdrawal or the right of termination
Government Decree 45/2014 (26.II.)
§ (1) If the undertaking has not complied with the obligation to provide information specified in point (i) of paragraph (1) of Article 11, the withdrawal period specified in paragraph (2) of Article 20 shall be extended by twelve months.
(2) If the undertaking has provided the consumer with the information specified in paragraph (1) within twelve months of the expiry of the period specified in Article 20(2), the period for withdrawal or termination shall expire on the fourteenth day following the communication of that information.
Exercise of the consumer’s right of withdrawal or termination
Government Decree 45/2014 (26.II.)
§ (1) The consumer may exercise the right granted in § 20.
a) by using the model declaration in Annex 2; or
b) by means of a clear declaration to that effect
(2) or by means of a clear statement to that effect.
(2) An undertaking may also provide the consumer with the right provided for in paragraph (1) of Article 20 on its Internet website. In this case, the undertaking shall acknowledge receipt of the consumer’s statement on a durable medium without delay.
(3) The right set out in Section 20 shall be deemed to have been exercised in due time if the consumer sends his declaration before the expiry of the time limit set out in Section 20(2) or Section 21.
(4) The burden of proving that the consumer has exercised the right set out in Section 20 in accordance with this Section shall lie with the consumer.
The consumer may exercise the right provided for in Section 20 of Government Decree No. 45/2014 (26.II.) by means of a clear declaration to this effect or by using the declaration template which may also be downloaded from the website.
Obligations of the supplier in the event of withdrawal by the consumer
Obligation of the supplier to refund
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree No. 45/2014 (26.II.), the Service Provider shall refund the total amount paid by the consumer as consideration within fourteen days of becoming aware of the withdrawal at the latest.
The way the Service Provider is obliged to refund
In the event of withdrawal or termination in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Service Provider shall refund the amount refunded to the consumer in the same way as the payment method used by the consumer. Subject to the express consent of the consumer, the Service Provider may use another method of payment for the refund, but the consumer shall not be charged any additional fee. The Supplier shall not be liable for any delay due to incorrect and/or inaccurate information provided by the Consumer.
Additional charges
If the consumer expressly chooses a mode of transport other than the least costly usual mode of transport, the Supplier shall not be obliged to reimburse any additional costs incurred. In such a case, he shall be obliged to reimburse up to the amount of the standard delivery charges indicated.
Right of retention
The supplier may withhold any amount due to the consumer until the consumer has returned the goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. We are not able to accept consignments sent by cash on delivery or by post.
In the event of withdrawal or termination of the consumer’s obligations
If the consumer terminates an off-premises or distance contract for the provision of a service after the service has begun to be provided, he shall pay the Supplier a fee proportionate to the service provided up to the date of notification of termination to the Supplier. The amount to be paid by the consumer on a pro rata basis shall be determined on the basis of the total amount of the consideration laid down in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract.
Exceptions to the consumer’s right of withdrawal and termination
Government Decree 45/2014 (26.II.)
The Service Provider draws the consumer’s attention to the fact that the consumer may not exercise his right of withdrawal in the cases provided for in Article 29 (1) of Government Regulation 45/2014 (26.II.):
§ (1) The consumer may not exercise his right under § 20.
(a) in the case of a contract for the provision of services, after the service has been fully performed, but where the contract imposes a payment obligation on the consumer, only if performance has begun with the consumer’s express prior consent and the consumer’s knowledge that he will lose his right of withdrawal once the undertaking has fully performed the contract;
(b) in respect of goods or services whose price or price is subject to fluctuations in the financial market which are beyond the control of the undertaking and which may occur during the period specified in Article 20(2);
c) in the case of goods which are not prefabricated and which have been produced on the instructions of the consumer or at his express request, or goods which are clearly personalised for the consumer;
(d) perishable goods or goods which retain their quality for a short period;
(e) goods in sealed packages which, for reasons of health or hygiene, cannot be returned after opening after delivery;
(f) goods which, by their nature, are inseparably mixed with other goods after delivery;
(h) with the exception of paragraph 2, in the case of a contract for a business where the business, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;
(i) in respect of the sale of a copy of a sound or video recording or of computer software in sealed packaging, where the consumer has opened the packaging after delivery;
j) in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;
(k) contracts concluded at public auction;
(l) a contract for the provision of accommodation, transport, the hiring of a private car, catering or services related to leisure activities, other than for the provision of housing, where a deadline or period for performance has been fixed in the contract;
m) in the case of digital content supplied on a non-tangible medium, where the undertaking has commenced performance with the consumer’s express prior consent and the consumer has, at the same time as giving such consent, declared that he acknowledges that he loses his right under Section 20 after the performance has commenced and the undertaking has sent the consumer an acknowledgement pursuant to Section 12(2) or Section 18.