General Terms and Conditions of Use (GTC)
Version 2.0 updated on 03/12/2020
The General Terms and Conditions of Use (hereinafter referred to as: “GTC”) define the terms and conditions under which the services provided by Albee specified in this GTC and provided under the agreement operate and may be used. The present GTC qualifies as general contract terms and conditions based on the relevant paragraph 6:77. section (1) of the Civil Code.
- The legal relationship between the Service Provider and the User is governed solely and exclusively by the content of the present GTC, in its version in force.
- The Service Provider rejects the validity of any other, different or additional, general or individually negotiated or non-negotiated, contractual term(s) referred to, communicated to or brought to its attention by anyone in any way. The acceptance of this exclusion by the User is a condition for using the Service.
- The Service Provider reserves the unrestricted right to review and/or amend the present GTC at regular intervals and, if necessary, without prior notice or approval of the Users.
- The scope of the present GTC extends to the User from visiting the Website (URL), ie from the starting moment of the browsing, regardless of whether the User performs the Registration during the browsing or not.
- The User have an access and can get acquainted with the present GTC during the browsing of the Website (URL), from the beginning without Registration.
- Further browsing of the Website (URL) constitutes the User’s understanding and acceptance of the present GTC by implied conduct.
- During the Registration, the User regardless to the above, accepts the present GTC as binding with active conduct and declares that (s)he acknowledges that its content is binding on him/her.
- In case of amendment of the present GTC by the Service Provider, the content of the amended GTC and the Agreement based on it shall supersede or replace all previous agreements in force between the User and the Service Provider.
- In case of amendment of the present GTC, the Service Provider publishes the amended content of the GTC on the Website (URL), from where the browsers and registered Users can learn the amended content of the GTC.
- The scope of the amended content of the GTC applies to the Website (URL) browsers and registered Users from its publication.
- The Service Provider does not keep records of people who browse the Website (URL) without registration, which would allow them to be contacted.
- By continuing to browse the Website following the entry into force of the amended GTC, or by maintaining its Registration, the User accepts the amended GTC and the fact that its content is binding on the User in the future.
- The Service Provider also notifies the registered Users of the amendment of the GTC by e-mail.
Certain terms and expressions used and referred to in the present GTC have the content and meaning defined in each subsection of this section, if the spelling of the relevant term used in the GTC corresponds to the spelling according to the following subsections (words beginning with a capital letter), however in case of different spelling (words beginning with a lowercase letter) the words shall have a different meaning, unless the context indicates otherwise.
- The Service Provider
The Service is provided by Real-Deal Hungary Korlátolt Felelősségű Társaság (Limited Liability Company) as a Service Provider. For the purposes of the present GTC, the Service Provider shall mean the company named here, as well as, where applicable, all persons and organizations that participate in the provision of the Service in any capacity.
Company name: Real-Deal Hungary Korlátolt Felelősségű Társaság (Limited Liability Company)
Abbreviated name of the company: Real-Deal Hungary Kft.
Registered seat: 7726 Véménd, Zrínyi utca 58.
Company registration number: 02-09-084505
Registration authority: Court of Registration of the General Court of Pécs
Tax number: 25971358-2-02
Bank account number: 10401945-50526867-84511008
K&H Bank Zrt. (1095 Budapest, Lechner Ödön fasor 9)
SWIFT / BIC code: OKHBHUHB
Direct contact details:
E-mail address: general information: firstname.lastname@example.org, technical assistance: email@example.com
Phone: +36 20 800-4010
Data of the Server Provider: AMAZON WEB SERVICES EMEA SOCIÉTÉ À RESPONSABILITÉ LIMITÉE
Registered seat: 38 AVENUE JOHN F. KENNEDY, L-1855 LUXEMBOURG
- The User
Any natural person of legal age, ie 18 years or older, or a legal person or organization legally equivalent to them (without further restrictions, typically eg a company, association, foundation, etc.) who browses the Website (albeeapp.hu), uses the Albee Application and/or with whom the Service Provider enters into an Agreement in order to use the Albee Service.
- Website (URL) and the Albee Application
The Service Provider provides the Service to the Users at the [albeeapp.hu] Website or at any other websites used by it for this purpose. The [albeeapp.hu] Website is the registered domain name of the Service Provider. In addition, the Service Provider makes the Service available by downloading and using applications developed for iOS and Android operating systems.
- The Lease
Transfer of the possession or use or recovery of real estate, parts of real estate by the lessor owner, beneficiary or user with a certified right to dispose of the right of use, (hereinafter referred to as the Lessor), to another person (hereinafter: the Lessee), free of charge or for a consideration, within the framework of a lease, rental, usufruct, community sharing or other equivalent legal relationship.
- Agreement to use the Service provided by Albee
- By offering in public or enabling the performance of the Registration, the Service Provider makes an offer to the Users for concluding an Agreement.
- An Agreement is concluded between the Service Provider and the User if the User performs the registration available on the Website as specified in the present GTC. The Agreement is concluded between the parties, ie the Service Provider and the User, through the active conduct of the User.
- Without leaving intact the sections 1.4-1.6 of the GTC., the Agreement shall not be concluded between the Service Provider and the User by browsing the Website alone.
- Upon successful completion of the Registration, an Agreement is concluded in Hungarian between the Service Provider and the User, which does not constitute a written contract, the data of which will be stored and filed by the Service Provider; therefore, the data of the Agreement will be available later. The Agreement between the parties is concluded by implied conduct.
- The Service Provider declares and the User acknowledges that the User shall not place an order with the Service Provider within the framework of the Service. The Service Provider shall ensure the identification and correction of possible data entry errors (e.g. when the confirmation e-mail is not sent to the User's e-mail account due to a typing error in the e-mail address provided during Registration) prior to the submission of the User’s contractual legal statement to the User in a way that the User can turn to the Service Provider for assistance with such or other technical questions at the latter’s contact details provided in the Direct Contact Data (section 2.1 of the GTC).
- The language of the Agreement is Hungarian, the agreement can only be concluded in Hungarian.
- The Service
- The Service provided by the Service Provider basically covers the provision of a communication interface for the relevant Users for the performance of administrative, management and financial tasks arising in relation to one or more real estates or parts of real estates leased. Albee is an interface through which all activities, invoices, photos related to the Lease can be recorded, communicated and managed quickly and easily. It also helps in the documented communication between the Lessee and the Lessor, so that later, in case of any disputes, all the necessary data will be available. In addition, a number of interesting and useful features help you with things related to Leasing and living in Leased real estates.
- The Service Provider reserves the right to change the Service without restriction, without prior notice or approval, which shall be justified by further development of the webpage operating on the Website, changes in legislation, application of certain security regulations or other reasons.
- Free Service or the term “free”
The term refers to the fact that the Service Provider provides the Service to the User without charging a fee, i.e. free of charge. The Registration on the Website is also free.
- Intellectual Property / Intellectual Property Rights
The terms Intellectual Property / Intellectual Property Rights as a collective term refer, inter alia, without limitation, to any trademark, design, artistic, literary or scientific work, other work or creation subject to copyright or industrial property protection, name, domain name, trade name, patent, software, right to the contents of a database, as well as an image, figure, logo, sketch, drawing, map, password or motto, or parts or arrangement thereof, registered or unregistered in the relevant registry, which belong to the Service Provider, as well as the legal requirements and procedures for the protection of such property, without geographical limitation, the legal provisions and procedures, and regardless of the geographical location of the subject of such property.
- Parties/Party/Third Party
The term Parties means the Service Provider and the User together, while the term Party means only one of them, depending on the given context of the text. The term Third Party means any person, other than the Parties, who is not named or may not be named.
- Personal data
Definition in accordance with paragraph 3 section (2) of the Info Act and Article 4 point (1) of the GDPR.
- Data Management Policy
- The Service Provider ensures the protection of the User’s Personal Data in accordance with the provisions of the Data Management Policy.
- The Data Management Policy is the inseparable annex No. 1 of the present GTC, therefore, understanding and accepting the present GTC also means understanding and accepting the content of the Data Management Policy.
- Successful completion of the Registration is possible only with the simultaneous acceptance of the present GTC and the Data Management Policy, by validating the separate boxes indicating the understanding and acceptance of each regulations during the Registration.
- Customer service
- The Albee’s Customer Service provides assistance upon request, in all matters arising in connection with the use of the system, management of communication between Lessor and Lessee or relating to the leased real estate. Customer Service will examine the question and answer it as quickly as possible. The User will be notified by e-mail when the answer to his question is delivered.
- Albee Customer Service is available by e-mail (general information: firstname.lastname@example.org, technical assistance: email@example.com), or by calling +36 20 800-4010 on business days from 09:00 to 16:00.
- Abbreviations for the referred legislation
Abbreviations of the legislation referred to in the present GTC refer to the following laws:
||Act V of 2013 on the Civil Code
||Act CXII of 2011 on information self-determination and freedom of information
||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 (General Data Protection Regulation)
||Act LXXVIII of 1993 on certain rules concerning the lease and alienation of apartments and premises
|Consumer Protection Act
||Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers
- The User may perform the Registration on the Website, thereby accepting the Service Provider’s offer for the conclusion of the Agreement, published on the Internet.
- The Registration is always performed by the User on a voluntary basis.
- The User acknowledges that the Agreement is concluded between the User and the Service Provider by the completion of the Registration for the provision of the Service by the Service Provider and their availability by the User.
- The User also acknowledges that without the completion of the Registration, the Agreement is not concluded with the Service Provider and it is not possible to use the Service.
- The User acknowledges that the Registration can only be done successfully by entering the data set forth herein, or by entering the User’s Personal Data. In order to complete the Registration, the provision of the following data/Personal Data is necessary.
In case of Registration as a company, the contact person acting on behalf of the company (hereinafter: Contact Person) performs the Registration. The Service Provider expressly declares that Albee, or during the Registration, the Service Provider does not examine whether the person acting as the Contact Person qualifies as a representative or legal representative in respect of the designated company in accordance with the relevant contractual and legal provisions, or whether (s)he acts in that capacity or not. The Service Provider expressly excludes any liability for any kind of damage arising from or in connection with such cases. In case of Registration as a company, the Agreement is concluded between the company as a User and the Service Provider, the Contact Person acts on behalf of the registered company. In the case of registration as a company, the natural person designated as a Contact Person during the registration and actually acting at the time of registration declares that (s)he is entitled to represent the company concerned and that (s)he is fully liable for any damage originating from there it or caused to any legal entity.
|In case of registration as an individual
||In case of registration as a company
- First name
- E-mail address
- Company name
- Company registration number
- Tax number
- First name
- E-mail address
- The password is required to be at least 5 characters long and shall contain at least one lowercase and one uppercase letter, as well as a number. In order to exclude possible data entry errors on the selected password shall be re-entered unchanged.
- Based on the choice of User, it is possible to register via the User’s own Facebook account or Google account, in which case the above data/Personal data does not have to be provided during the Registration.
- The system reports an error during Registration; therefore, Registration cannot be completed successfully without correcting the error if:
- the User failed to confirm the understanding and acceptance of the present GTC and Data Management Policy by clicking on the empty check box. This can be done by the User by clicking on the empty check box. The GTC and the Data Management Policy are displayed by clicking on the appropriate words so that the User can read them. Please read the GTC and the Data Management Policy before accepting it;
- during the Registration, the User provides an e-mail address with which (s)he has already registered or the format of the provided e-mail address is incorrect (e.g. only a part of the e-mail address is provided);
- the spelling of the password entered twice does not match.
- If the User has successfully completed the Registration by entering all the required Personal Data/data, (s)he will receive a notification e-mail from the system to the e-mail address provided during the Registration, to which it is unnecessary to reply. To validate the Registration, click on the link in the notification email, with the success completion of the Registration the welcome page opens up.
- If the User chooses to register using his/her Facebook account or Google Account, it is not necessary to provide an e-mail address and other Personal Data. If this Registration mode is selected, then the User will be redirected to the appropriate web interfaces and the previously performed registration and their data will be used, and the appropriate authentication will be accepted.
- The system has a password reminder feature. If the User forgot his/her password following the earlier Registration and therefore cannot log in to the system, (s)he can enter the registered e-mail address to which the system will send a link. By clicking on the link, it is possible to change the password and log in with the new password and use the system.
- The User may decide to cancel his/her Registration, which also means the withdrawal of his/her consent regarding the acceptance of the present GTC. The User may withdraw his/her consent regarding the acceptance of the GTC only by canceling his/her Registration. The cancellation of the Registration also means the immediate termination of the Agreement concluded with the Service Provider without notice. In such a case, the Service Provider handles the Personal Data of the concerned User in accordance with the provisions of the Data Management Policy. The Registration, i.e. the user profile can be deleted only if the User does not have a real estate connection. If another User is also connected to the real estate registered by him/her as a Lessee or Lessor, the User cannot cancel his/her Registration during the existence of such a relationship. Therefore, in such a case, first it is necessary to delete the real estate as a precondition to cancel the User Registration, which can only be done with the approval of the other User (s) concerned.
- Getting started with Albee, setting up your account
- Following the successful Registration, after the User clicks on the link in the e-mail sent to the registered e-mail address and then logs in via his/her e-mail address with the provided password, (s)he will receive a welcome message. The system guides the User through a five-step process during which (s)he can enter and set up various data during account setup to use Albee
b) Who are you?
d) Recording of the real estate
- After the greeting, the User can set by clicking on the appropriate button whether (s)he wants to use Albee as a Lessee or a Lessor (Who are you?).
- The User can then edit his/her own user profile. There are five additional tabs on the Profile Settings page:
a) Profile data
b) Telephone number
c) Password change
e) Delete profile
- Profile information
On the Profile Data page, the User can enter specific data for his/her personal profile.
In addition to the previously entered first name and surname, the private User can enter the following Personal Data/Data here:
In addition to the previously entered company name, company registration number and tax number, the User registering as a company can enter the following data here:
- Date of birth
- Upload profile picture (The user can also delete the previously uploaded profile picture here by clicking on the corresponding check box.)
- Address (city, postal code, street, house number, floor, door)
- Bank account number
The User can save the changes or the entered data in the system with the Save Profile Data button.
- Street, house number, floor, door
- Upload profile picture (The User can also delete the previously uploaded profile picture here by clicking on the corresponding check box.)
- Contact name and first name
- Bank account number
- Phone number
On the Phone Number page, the User can enter his/her phone number, which (s)he can confirm by entering the code sent to the specified phone number in a message.
- Password change
On the Change Password page, it is possible to change the previously entered password. The user has the opportunity to change the password provided during Registration. For this purpose, the new password shall be entered in addition to the current password in the appropriate field, and then in order to exclude data entry errors the new password shall be reentered. The new password is activated with the validation of the change and then the old password will no longer be usable.
With the help of the Invitations menu item, the User can enter the e-mail address of an acquaintance so that the system will send an automatically generated e-mail message to this e-mail address. The sent e-mail contains a link to the registration interface of the Website, where the person invited to use the system can also perform the Registration. The system will store and display to the User the e-mail address provided for the purpose of the invitation, the exact time of sending the invitation and whether or not the e-mail address was registered.
- Delete profile
The User can delete his own profile in the system. If the User has already uploaded a real estate in the system, the profile can only be deleted after the real estate has been deleted. If another user has already joined the real estate uploaded by the User as a Lessee or Lessor and this relationship still exists, the deletion of the real estate is only possible with the consent of such other user. Therefore, if another user has an active connection with the real estate, the User registering the real estate in the system cannot delete it without the consent of the concerned person and thus cannot delete his or her own profile.
- The next step in setting up the account is the registration of the real estate. If the User has not yet registered a real estate in the system, the system will warn him/her. An essential function of Albee is to create a communication forum for Lessors and Lessees, in order to make any administration related to Lease, simple, fast and secure. Therefore, a significant part of the system function is available only following the registration of at least one real estate. The real estate affected by the Lease may be unilaterally registered by the Lessor and the Lessee. If the real estate has been recorded by one party, the other party, no matter it is the Lessee or the Lessor, both can join the real estate and start using the system.
- It is possible to create a new real estate by clicking on the appropriate button. The first step is to determine, by selecting the appropriate button, whether the leased real estate is in an Apartment or House. The system considers a leased real estate to be an Apartment if there can be more than one apartment at a given address, such as in a condominium, while a House can be registered if there is only one leased real estate at that address.
- The User can give the real estate a unique name, thus making it easier to identify in the system.
- The exact address of the real estate shall be then provided. By clicking the Check Address button, the address is compared with the addresses known and registered by the map database. In this case, the system automatically fills in the other fields with the data known to the map database. The system places and displays the specified address on the map. In order to be able to clearly assign the address of the real estate, it is mandatory to provide the following information when registering an Apartment:
In case of an apartment, after providing the house number, the details of the staircase, the floor and the door number shall also be provided. In contrast, in case of registering a House, only the door number can be entered after the house number, not the number of the staircase and floor.
- Postal code
- House number
- Following the above, the amount of the monthly rent of the real estate shall be given, and it shall be selected whether the rent includes the overhead cost or not. The amount of the average monthly overhead costs and the amount of the security deposit shall also be given. By clicking on the save button the system will save the entered data. The User will be notified that (s)he can provide further details about the real estate. The provision of such additional data is not obligatory, the User may use the system without them. The User can choose to upload further detailed data by clicking on the appropriate button. After the successful registration of the real estate, the User shall provide, amend or delete data, pictures or agreements, etc. related to the real estate in the My Properties menu.
- The last step in setting up a personal account is to send the invitation to the other party. By accepting the sent invitation, the other party can connect to the real estate in the system, therefore e.g. the lessor and the lessee so it can be assigned to a specific real estate. To send the invitation, the User shall provide the other party’s e-mail address (the User registering as a lessee may invite the lessor, and vice versa). After sending the invitation, the system will notify the registering User that (s)he has successfully completed the setting up of his/her account.
- My Real estates menu
- The User can find in the My Properties menu, his/her real estate registered in the system. The real estate is listed here with the details provided during the Registration. By clicking on the Upload real estate data button, the User shall see a submenu in which (s)he can select the following tabs:
a) Real estate details
b) Rent, security deposit
c) Picture gallery
d) Lease agreement
e) Related persons (Lessor or Lessee details)
f) Deletion of real estate
A red exclamation mark next to each tab indicates that specific data are still missing.
- Data of the Real estate
Within the Real estate Data tab, the User can enter real estate data (Basic Data and Services) in two separate sections by clicking on the Edit Data button. The relevant data can be entered by entering the figures from the drop-down menu or by using the check boxes.
- Basic data
The basic data of the real estate are as follows:
- Address of the real estate (previously provided by the User).
- Number of rooms
- Number of half rooms
- Number of bathrooms
- Balcony or garden connection
- Animal friendly
- Can be moved in with a small child
- Wired internet
- Cable TV
- Landline phone
- Rent, security deposit
The data of the Rent and security deposit tab have already been provided by the User during the registration of the real estate, together with the average monthly overhead cost. It is possible to modify the previously entered values here.
According to paragraph 6:343 of the Civil Code, based on the agreement of the Parties, if the lessee shall pay the lessor a specified amount of money as security (ie a security deposit) for the obligations arising from the lease agreement, and this amount exceeds three times the monthly rent, the court may reduce the excessive security at the request of the lessee.
- Picture gallery
The User can upload all the photos related to the real estate to the real estate photo gallery of the real estate, which (s)he considers important for some reason (for example, the condition of the apartment at the time of moving in, concluding a contract, the initial position of the meters or a damage event).
- Lease agreement
- The lease agreement related to the real estate can be uploaded to the system. This is possible only if the other person invited to use Albee has accepted the invitation and completed his/her own registration. If at least one Lessor and at least one Lessee have already joined the system related to the given leased real estate, the lease agreement can be uploaded. Later both parties will have access and will be able to open the document from the system.
- It is important that if the Parties have entered into several (e.g. fixed-term) lease agreements (including all types of Leases) in a timely manner, or their original lease agreement has been subsequently amended or supplemented, the lease agreement in force and all later concluded amendments or supplements should also be uploaded. Multiple documents can be uploaded to the system. The system handles commonly used file extensions.
- The Users acknowledge that according paragraph 2 section (5) of the Housing Act the lease agreement shall be concluded in writing for its validity.
- The agreement can be uploaded with the Upload Lease Agreement button. Enter the name of the agreement and the effective date on the New agreement page. It can be marked with a separate check box if the agreement is for a definite period, in which case the date of expiry of the agreement shall be entered in a separate field, or it can be marked with a check box if the agreement becomes indefinite following the end of the fixed term. It is also necessary to provide additional data on the tenancy, such as the length of the notice period and the amount of the security deposit, rent and common costs. By using the appropriate check box it is possible to indicate if the parties have determined the amount of the rent in a way that it already includes the amount of the overhead costs. With the help of the appropriate button the signed agreement can be uploaded as an attachment.
- A new agreement can only be created or uploaded in the system if the document has been duly signed by both parties. An agreement, which was signed only by one of the parties cannot be uploaded to the system. According to paragraph 6:58 of the Civil Code, the agreement is a mutual and unanimous legal declaration of the parties, from which an obligation arises to perform the service and a right to demand the service. The party uploading the lease agreement indicates by clicking on the appropriate checkbox that the uploaded lease agreement has been duly signed by both parties and that the information provided corresponds to the content of the lease agreement. The system accepts such declaration of the Party as valid, no substantive examination is made, whether the uploaded document actually contains the signatures of both parties, whether the signatures are valid or whether the agreement has been concluded between the Parties accordingly or not. The operation can be finalized with the Create Agreement button.
- The party concerned will be notified of the agreement uploaded by the other party, who may accept or reject the uploaded agreement. The system registers the agreement as active only following the acceptance thereof by the party concerned. Up until the party concerned has accepted the agreement uploaded by the other party, the uploading party may delete the uploaded attachment and upload another document, as appropriate, or modify the information provided. Following the notification, the other party concerned may accept the uploaded agreement or indicate if any correction is required with a separate button.
- Once a lease agreement has been uploaded, Users can view the details of the recorded agreement by clicking on the Details field. By clicking on the eye icon below the document displayed as an attachment, the document itself can be viewed.
- Under the Lease Agreement tab, it is also possible to upload a new additional agreement in the same way as above.
- The system only offers the possibility of amending the agreement to the party uploading the contract.
- If the agreement is already active, ie accepted, by clicking on the Details button, the system will also offer the possibility to terminate the agreement with the help of the Cancel button. By clicking on the Cancel button, the User can select the type of termination (Ordinary termination or Extraordinary (immediate) termination). In case of the latter type, the reason for the termination shall also be given. In case of both types of termination a text can be entered in the comment field. The User may also insert an attachment to the notice of termination, and by clicking on the appropriate check boxes, declares that the notice of termination comes from him/her, and has been duly signed, and by clicking on the Terminate button, (s)he will send the termination of the agreement to the other party. The party concerned will be notified via the system that the other party has made a notice of termination of the agreement, after which the registration of the termination, its details and the attachment of the notice of termination itself will be displayed under the lease agreement.
- Following the upload and approval of the agreement, it is possible to upload albums and photos in connection with the Lease. For example, it is recommended to upload photos documenting the status of the leased real estate at the time of taking possession of the real estate so that they are available at any time, but it is also possible to upload photos of a damage event (such as a soak) for proper recording. An amendment agreement to an already uploaded agreement can be uploaded at any time, to amend or supplement the original agreement, e.g. the relevant amendment to the agreement when the rent is increased.
- When registering a real estate, the parties shall proceed cautiously, since for one specific address only one real estate can only be registered. Following that, it is no longer possible to modify the address of the real estate in the system on the Website itself. Should the address of the real estate still need to be changed for any reason, the User may request this from the Customer Service. Following the examination of the request, the customer service may, if it deems appropriate, change the address of the registered real estate.
- The party recording the real estate can only delete the real estate from the system as long as no one has connected to it yet. Once another party has connected to the real estate, its registration cannot be deleted from the system as long as the active connection exists.
- Connecting people (Data of the other party or parties)
It is possible to send an invitation on this tab to connect to the real estate if no other party has connected to it yet. The invited other party will be notified of the invitation by email. If the invitee accepts the invitation (be it the Lessee or the Lessor), (s)he can connect to the real estate via the system so the parties can now conveniently and securely handle matters arising from the lease or rental of that real estate via Albee. For the registered User, the system displays who is connected to the registered real estate under the Connecting people tab. It is also possible to send here a message to the other party. In order to send a message, in addition to the recipient, the subject and text of the message shall be specified, and an attachment (for example, a photo) could also be sent to the other party.
Under the Connecting people tab, the system also offers the option to Delete Connection, which allows the User to unilaterally initiate the deletion of an existing connection with another user for the real estate. The other User will be notified of the initiation of the cancellation, the deletion will only be performed with the approval of the other party. Without confirmation of the initiated deletion, the connection cannot be (unilaterally) deleted.
- Albee provides an opportunity to record and send Payment Requests for prompt and simple settlement of financial matters between the Lessor and the Lessee related to the leased real estate. It is carried out by selecting the Finances tab in the top menu and then the Add Payment Request button.
- The Payment Request is an invitation addressed to the other Party to pay the specified amount in connection with the Lease, or to record an item already paid by the User so that the other party can see it as well. This can be the payment of the monthly rent, but also, for example, an amount to be paid by the Lessor to the Lessee (eg in return for the purchase price of the furniture (s)he has replaced).
- A new Payment Request can only be created in the case of an active connection with the real estate, it is impossible to create a Payment Request without the registration of a real estate.
- It is important that in the system, the creation of a Payment Request does not qualify as the issuance of an invoice, and the Payment Request itself does not qualify as an invoice.
In accordance with the applicable law relevant for them and for the Lease, the Users shall decide for themselves, whether it is necessary to issue an invoice or other accounting document in order to meet any tax obligations that may arise in connection with the Lease.
Creating a Payment Request in the system and sending it to the other party is not suitable and sufficient to legally fulfill any outstanding tax obligations. Solely the Users are responsible for the fulfillment of any tax obligations or other legal obligations arising from or in connection with the Lease, and Albee cannot provide them with assistance or advice and therefore cannot take liability therefor.
By completing the Registration, the Users expressly acknowledge, accept the above, and take all necessary steps to comply with legal requirements.
- The User can create a new Payment Request by selecting the Finances tab and then the Add Payment Request button. When creating a Payment Request, the system assigns the new request to the appropriate lease agreement related to which the expense item was incurred. In the appropriate window, select the person concerned from among the several Lessee or Lessor that may be affected. The system then asks various questions about the content of the payment request when recording the item, which can be answered by clicking on the appropriate buttons. The questions to be answered in this way are:
- Has the item already been paid or is it still waiting for settlement?
- Name of the item;
- The amount of the item;
- The payment deadline (in case of future payment deadlines, the system allows to set a deadline of at least 8 days);
- In the case of items already paid, the date of actual payment shall be recorded;
- Who pays or paid for the item? (Lessee or Lessor);
- Designation of the beneficiary (e.g. Lessor or a utility service provider);
- Method of payment (by bank transfer or cash/check);
- Recording the name of the beneficiary.
- Users acknowledge that in the case of a future payment deadline, the deadline specified in the Payment Request shall not be shorter than e.g. the payment deadline stipulated in the lease agreement for payment of the rent. After entering the appropriate data, the system displays the details of the Payment Request in a summary window, following which the party recording the request can send it. The recipient of the Payment Request will be notified by e-mail of the receipt of the Payment Request.
- In the information window about the successfully created Payment Request, the system offers the User to set up recurring Payment Requests by selecting the appropriate button, for which the system will use the data of the newly created Payment Request. The frequency can be defined in the Recurrence Setup window (eg monthly, every 2 weeks, etc.). In case of selecting the monthly frequency, it is possible to generate the item on a specific day of the given month (1-31). The recurring item can be selected as a fixed or variable amount. The deadline for the payment shall be specified and also the expiration date of the recurrence, which can last until revocation or a specific date. The Operation can be finalized with the Set Payment Request Recurrence button.
- The system displays the created Payment Requests in the appropriate window one below the other, their detailed data can be opened by clicking on the corresponding request.
- By default, the system displays the amount of overdue Payment Requests and all pending Payment Requests in a separate summary field, so the User can easily determine the total future payment obligation and the amount regarding to which the payment deadline has expired.
- In addition, it is possible to apply a filter according to certain criteria to the already prepared Payment Requests in order to simplify administration. Filters can be turned on by clicking on the appropriate button to filter by the following criteria:
According to the status of the Payment Request:
According to the regularity of the Payment Request
- Waiting to be sent
- Pending payment
- Pending acceptance
- Accepting and Contesting Payment Requests
- The recipient of the Payment Request will be notified by the system that a Payment Request has been received. Following the verification of the data of the request, it is possible to accept the Payment Request or contest it in case of disagreement. The other party will be notified accordingly in the system.
- The recipient of the Payment Request shall make the payment and attach appropriate certification that the payment has been made, if (s)he does not wish to contest the payment item. The recipient shall also specify the date and method of payment. A payment slip of the postal check or bank transfer receipt shall be attached in the generally used file formats.
- The creator of the Payment Request has the option to modify or even delete the set Payment Request up until it is accepted or contested by the Recipient of the Payment Request. In this case the status of the Payment Request is “Pending Payment”.
- If the Recipient of the Payment Request does not contest the payment of the recorded item, pays the amount and uploads the corresponding payment certificate, the status of the Payment Request will be “Pending Acceptance”. The creator of the given Payment Request can see the uploaded certificate in the system, which (s)he can either accept or contest.
- If the creator of the Payment Request accepts the payment certificate uploaded to him/her, the status of the given Payment Request will change to “Paid”, following which, it is not possible to further modify or contest or delete the item.
- If the creator of the Payment Request is not willing to accept the payment certificate that the other party has uploaded to him/her, (s)he can select the Contest Payment button. In this case, (s)he shall select the exact cause of the dispute and briefly describe the exact problem. It is possible to submit the contest by clicking on the Submit contest button, which will change the Payment Request status to “Contested”. Once a contestation has been initiated, it cannot be revoked, in which case the other party has the option to upload another certificate. In this case, the status of the Payment Request will again be “Pending Acceptance”, and the creator can accept or re-contest the newly uploaded payment certificate. Under the ongoing Payment Request, the previous contestation will appear, along with any comments from the parties. If the creator of the Payment Request then accepts the new certificate, the status of the Payment Request will change to “Paid” and the status of the contestation will change to “Closed”
- If the Recipient of the Payment Request does not accept so contests the Payment Request for any reason, the creator of the Payment Request has the option to modify or delete there it (e.g. because (s)he mistakenly recorded a request based on a wrong calculation, etc.). By using the Modify button, the details of the request can be edited again, and a new invoice image can be uploaded to the Payment Request. In addition to the newly attached invoice image(s), the old one(s) will remain visible, but will be labeled “Archive” on the icon of the invoice image for easier distinction by the system. By clicking on the Save Changes button the data are updated and the Payment Request status is changed to “Pending Payment” again.
- If in the given situation the recipient does not agree with the content of the Payment Request following its modification, (s)he may contest it again. In the window that appears by clicking om the Contest Invoice button, the exact reason for the contestation (for example, that the recipient does not agree with the amount) shall be selected and a brief description shall be given of the exact problem in the appropriate field. The comments of the parties in the dispute will appear in chronological order under the Payment Request.
- If in the given situation, the recipient accepts the payment item following its modification, (s)he shall upload the payment certificate (payment slip of the postal check or bank transfer receipt) after its payment. In this case, the status of the contestation will be “Closed”, while the status of the Payment Request will be “Pending Acceptance”. As mentioned above, the creator of the Payment Request has the opportunity to accept or contest the payment certificate.
- With the help of the messages function, the User can quickly and easily send a message to another registered User in connection with the given Lease, so that the Lessor can contact the Lessee via the system and vice versa.
- By clicking on the button in the top menu bar, both previous and current messages can be displayed, and it is also possible to write a new message here. By clicking on the New Message button, the Start New Conversation window displays, where the recipient, and the subject of the message should be selected, and the text of the message should be entered in the appropriate text box.
- The created conversation can be opened by the Parties by clicking on the appropriate line and they can write further comments and remarks to the conversation stream. Comments should be entered in the appropriate text box. It is possible to attach files to comments, such as images or other text documents that are the subject of messages.
- The system stores the text of the messages assigned to each Party, together with the time of sending. The system also stores the names and contents of any files that are possibly attached to the messages. The exact time when the messages are opened, therefore read, are also saved. The system ensures that such saved data is kept unchanged.
- The system sends an e-mail notification to the recipient of the message, which contains a link to the message. It is possible to read the message sent to the User by clicking on it.
- Fee for using the Service
The User does not pay a fee to the Service Provider for the use of the Service, the Service can be used free of charge.
- The User, with browsing the Website, and/or with the performance of the Registration and the use of the system, is liable for complying with the criminal and civil law and, where applicable, other administrative and/or regulatory requirements, regulations and provisions in force.
- Albee and the Service Provider shall not be liable for any damages, actual loss of assets or lost profits of any kind, whether damage in kind, material or personal damage, caused by the User during the course of its use to other Users or third parties. a claim for damages arising from a breach of a related right, a claim for damages arising from or in connection with a violation of a personal right.
- The User shall not use the Service for business, commercial, marketing or other similar purposes, or disclose any data obtained through the use of the Service to a Third Party for such or similar purposes.
- Solely the User is liable for the information shared with any other User through the system, as well as for its content, as well as for any legal effects thereof, in the legal relationship of the parties. The Service Provider disclaims all liability for damages in respect of any damage caused in connection with the information or communication provided by one User to the other User. The Service Provider does not provide any legal or economic advice to the User by providing any information to the User that facilitates or explains the use of the system. Solely the User is liable for any declarations of will made in the system and capable of producing legal effects, and (s)he enjoys or bears the possible advantages and disadvantages of the legal effects caused by such declarations. The Service Provider is not liable for the actual effect of the legal effects on the User’s side, which the User actually aimed for by making the legal declarations specified in the legal relationship. The Service Provider excludes any liability for damages in the event that the legal declarations of the User specified in his/her legal relationship with the other User are not made in accordance with legal or contractual requirements, or are made formally incorrectly or with an incorrect content, or fails to do so, and any damage results therefrom.
- The information, communication and notification sent by the User to the other User within the framework of the Service is not public, no Third Parties, only the recipient becomes aware of this information. As a result, the Service Provider does not moderate or control the User’s messages, so the User who formulates them is solely responsible to the other User or Third Parties.
- During the use of the Service, the User shall not disclose information, make statements or engage in any other conduct that violates the law, constitutes a crime or violation of the law, or infringes or affects the rights of Third Party (ies), including, but not limited to, other Users or Third Parties. The intellectual property rights of individuals, the right to the protection of their human dignity, image, honor, reputation and name.
- Subject to the foregoing, the User shall not send or receive pornographic or other content or communications using the Service that is offensive to the actual or national, ethnic, racial, religious, political, sexual or other affiliation of other User (s) or Third Parties, offensive, offensive or degrading or perceived or interpreted as such.
- The User shall formulate his/her statements objectively and politely, even in the event of a dispute, (s)he must at all times refrain from expressions that offend public taste and are outrageous.
- The User shall refrain from any behavior that introduces a computer virus or other malicious code into the Service Provider’s computer system, and may not use a computer program, algorithm or other technical solution aimed at unauthorized modification or influence of the Service’s computer system. The User shall be liable for unlimited damages for damages resulting from the violation of such provision.
- If the User violates the rules laid down in this chapter, the Service Provider may unilaterally exclude the User from further use of the Service at any time, which does not affect the claims of the Service Provider and/or other Users or Third Parties concerned.
- Protection of Intellectual Property
- The User acknowledges and accepts that the Website and the related webpage, as well as the Service itself, together with all its parts, functions, operating principles and features, constitute the Service Provider’s Intellectual Property, therefore the Service Provider’s Right to Intellectual Property shall be respected at all times, and shall refrain from violating it in any way.
- Any infringement of the Service Provider’s such or similar Intellectual Property Rights shall in all cases result in legal proceedings.
- Code of Conduct
- The Service Provider informs the User that there is no code of conduct applicable according to the Consumer Protection Act and the Service Provider is not subject to such code of conduct.
- Exclusion of the Service Provider’s liability for errors related to the availability of the Service
- The Service Provider provides the Service to the Users free of charge. With regard to this, the Service Provider’s liability for errors related to the availability of the Service and for any damage that may occur as a result thereof is expressly excluded.
- Nevertheless, the Service Provider shall take all reasonable and possible measures without delay in order to eliminate the errors in the availability of the Service as soon as possible and in order to provide the Service without interruptions.
- Applicable law and competent court
- The Agreement concluded between the Service Provider and the User is considered to be a written agreement in Hungarian.
- For the Agreement the Hungarian law shall apply, with the exclusion of the application of conflict-of-law rules.
- In a legal dispute between the Service Provider and the User or a Third Party arising from the use of the Service or in any way related to the Service, an ordinary Hungarian court shall have jurisdiction and its competence is based on the litigation value and on the location of the registered office of the Service Provider.
- The User will be warned when browsing the Website with the above content. By clicking on the appropriate button, it is possible to accept the cookies used, and by clicking on the Cookie Settings button, it is possible to set the cookies wanted to be accepted.
- The system uses absolutely necessary cookies, the use of which is essential for the safe and stable operation of the system, therefore the User shall not refuse to allow cookies belonging to such a group. In addition, the Website also uses marketing and tracking cookies, the authorization of which, is possible for the User at any time.
- For more information about cookies, see the Data Management Policy.
- Data Management Complaint Procedure
- The User may address his complaints related to data management to the National Data Protection and Freedom of Information Authority, the address of the authority as follows: 1125 Budapest, Szilágyi Erzsébet fasor 22 / c.
updated on 03/12/2020
Real-Deal Hungary Limited Liability Company
Annex No. 1 - Data Management Policy