TERMS & CONDITIONS

Terms and Conditions

(hereinafter as "Agreement")is entered into on the following day, month and year,

PARTIES AGREED as follows:

· SUBJECT OF THE AGREEMENT

The subject of this Agreement is the commitment of Big Blue Hungary to sublet the Property (as defined below) to the Sublessee for Rental Fee as specified in clause 4, and the obligation of the Sublessee to take over the Property from Big Blue Hungary, use it in accordance with this Agreement, pay the Rental Fee to Big Blue Hungary, and fulfil other obligations stipulated in this Agreement.

· PROPERTY AND HAND-OVER OF THE PROPERTY

  • Big Blue Hungary declares that based on the lease agreement entered into with the owner of the Property, it is the exclusive lessee of the apartment, which is registered as an apartment is physically located under the number 1052 Budapest, Váci utca 19-21. (hereinafter as "Unit").
  • Big Blue Hungary further declares that it is the exclusive lessee of a set of movable assets that are or will be located in the Unit, with their detailed specification presented on www.millennium-living.com (hereinafter as "Apartment Equipment").
  • Big Blue Hungary hereby subleases to the Sublessee the entire Unit, including all accessories and Apartment Equipment (hereinafter as "Property"), under the conditions further stipulated in this Agreement. The Sublessee accepts the Property from Big Blue Hungary, under the conditions specified in this Agreement (hereinafter as "Sublease"), and undertakes to pay Big Blue Hungary the Rental Fee and charges for the services associated with the use of the Property, as well as to fulfil all obligations specified in this Agreement.
  • The hand-over of the Property shall take place at the earliest at 3:00 p.m. on the commencement day of the Sublease through an employee of Big Blue Hungary personally or through provision of the keys/access cards in a lockbox with an access code (hereinafter as "Self check-in"). An alternate time of hand-over can be arranged after prior coordination and confirmation of the Big Blue Hungary.

· CONDITION OF THE PROPERTY AND PURPOSE OF THE SUBLEASE

  • By signing the Agreement, the Sublessee expressly declares that he is aware of the actual condition of the Property, has inspected the Property, and is subleasing the Property in its current condition under the terms stipulated in this Agreement.
  • Big Blue Hungary especially subleases the Apartment Equipment to the Sublessee in its current condition, and Big Blue Hungary does not provide any warranty regarding the quality or condition of this Apartment Equipment.
  • The Parties agreed that the purpose of the Sublease is to fulfil the housing needs of the Sublessee in the medium-term and/or long-term timeframe.

· RENTAL FEE AND ONE-TIME FEES

  • The Parties agree that the monthly Rental Fee for the Property shall be the amount set forth in the reservation details confirmed via the applicable booking system or booking documentation. The Parties further declare that the Rental Fee has been agreed upon by mutual consent in consideration of the purpose of the lease and is deemed proportionate and reasonable by both Parties.

· SECURITY DEPOSIT

  • The Sublessee shall pay the security deposit of 150 EUR as security for the performance of the obligations set out in this Agreement and to pay and compensate the Big Blue Hungary for the reasonable costs of any breach of those obligations.
  • The Parties agree that Big Blue Hungary shall be entitled to use the security deposit to settle the Rental Fee or any part thereof and the fees under this Agreement in the event of a payment delay of the Sublessee exceeding seven (7) days. Upon termination of this Agreement, Big Blue Hungary shall also be entitled to satisfy any claims arising from this Agreement from the security deposit. Big Blue Hungary shall notify the Sublessee in writing of the use of the security deposit, and the Sublessee shall be obliged to recharge the security deposit to its original amount within 7 (seven) days of receipt of the notification.
  • Big Blue Hungary undertakes to return the security deposit to the Sublessee within thirty (30) days after the inventory-of-premises report (clause 11.10) made on the return of the Property, after deduction of the sums duly justified by any fees, charges, works or repairs attributable to the Sublessee, with the exception of normal wear and tear.
  • For the refund to be processed, the Sublessee must provide the necessary bank account details to the email address specified in Clause 14 (CONTACT INFORMATION) of this Agreement.
  • IBAN (International Bank Account Number);
  • Account holder's full name (as registered with the bank);
  • Bank name;
  • SWIFT/BIC code (International Bank Identifier);
  • Beneficiary's address (as registered with the bank);
  • Any additional details of the Sublessee's bank might require for international transfers.

The refund will be processed using the SHA (Shared) payment instruction, meaning that each Party is responsible for covering the transaction fees charged by their respective banks.

· PAYMENT CONDITIONS

  • All payments shall be made by bank wire transfer to the bank account of Big Blue Hungary, held at Erste Bank Hungary Zrt. The banking details for payments are provided below.

EUR Account Details

  • City: Budapest
  • Bank Name: Erste Bank Hungary Zrt.
  • Account Number: 11600006-00000002-04233578
  • IBAN: HU51116000060000000204233578
  • Beneficiary Name: Big Blue Hungary Kft.
  • Beneficiary Address: 1084 Budapest, Bacsó Béla utca 17-23. földszint 4. ajtó
  • Bank Address: 1138 Budapest, Népfürdő utca 24-26.
  • SWIFT/BIC Code: GIBAHUHB
  • Intermediary Bank SWIFT: GIBAHUHBXXX
  • Currency: EUR

· RIGHTS AND OBLIGATIONS OF THE PARTIES

  • Big Blue Hungary is obliged to hand over the Property to the Sublessee along with 1 (one) copies of keys to the entrance doors of the Unit, and, if applicable, other locked common areas. The loss of a provided key shall be notified to the Big Blue Hungary without delay.In case of a loss of a key the Sublessee shall reimburse to the Big Blue Hungary the costs for the procurement of a lock system replacement and for copy of further keys.
  • The Big Blue Hungary shall be required to maintain the Property in a good usable condition and to promptly conduct any necessary repairs other than minor repairs required for ordinary maintenance to be remedied by the Sublessee. The Sublessee undertakes to use the Property in the manner and for the purpose agreed in this Agreement and not to restrict other users of the Building in their rights.
  • In the case of defects that occur suddenly that constitute an emergency and do not allow for any delay, the Sublessee shall be required to inform the Big Blue Hungary through the Client Experience Team (contact information: +36 70 385 5578) without delay, in their absence, to take or arrange the precautions that are absolutely essential to prevent consequential damage, insofar as this is possible and reasonable. The Sublessee may claim reimbursement from the Big Blue Hungary of his certified costs if he has carried out work requiring immediate intervention instead, provided that this does not cause an unfair burden to Big Blue Hungary. In case of omission of the notice to Big Blue Hungary or the precautions, the Sublessee shall be liable for consequential damage.
  • Big Blue Hungary shall endeavour to perform the work assigned to it in such a way that it does not interfere with the intended use of the Property as far as possible. The Sublessee shall be notified in advance of the commencement and expected duration of the work. The Sublessee must tolerate any work required for the maintenance of the Property. If he refuses the craftsmen access to the Property, he may be held liable for any additional costs and consequential damage.
  • All communication relating to the maintenance of the Property (repairs and maintenance works) is carried out by the Big Blue Hungary´s Client Experience Team. Big Blue Hungary operates a special emergency line (phone number +36 70 385 5578), which will be available only for urgent matters.
  • The Big Blue Hungary´s Client Experience Team will be available five (5) days a week, Monday through Friday, 08:00 a.m. to 16:00 p.m., and can also be accessed via an emergency telephone number in urgent cases. All non-urgent requests submitted after working hours shall be processed on the following business day.
  • Big Blue Hungary shall carry out all maintenance works upon request, whereby additional charges may apply depending on the nature of the problem, a complete list of maintenance works and the associated costs can be found at the website.
  • Damage/problems caused by the Sublessee to Big Blue Hungary or additional requests of any kind will be charged additionally to the Sublessee. If damage is caused to the Unit, Apartment Equipment and fittings, or to the Building or its central installations, by the Sublessee or the persons living with him, Big Blue Hungary may require the tenant to repair the defect or to pay compensation for the damage.
  • It is expressly agreed that, without prior written consent from Big Blue Hungary and the relevant public authorization, the Sublessee is not entitled to introduce or store hazardous, toxic, or combat materials or weapons in the Property.
  • It is expressly agreed that the Sublessee is not authorized to sublease or allow a third party to use the Property or any part of it or admit a third party to the Property without the prior written consent of Big Blue Hungary.
  • The Sublessee is not authorized to make any changes or modifications to the Property without the prior written consent of Big Blue Hungary.
  • The Sublessee is obliged, upon prior notice from Big Blue Hungary, to allow Big Blue Hungary and/or the owner of the Unit to enter the Property without unnecessary delay for the purpose of inspecting the Sublessee's compliance with obligations under this Agreement. The Sublessee acknowledges that, in case of an urgent situation (especially emergencies or natural disasters), Big Blue Hungary is authorized to enter the Property without prior notice and take necessary measures to prevent imminent damage.
  • The Sublessee is entitled to install a name plate on the entrance door to the Property and a doorbell bearing the Sublessee's name. The Sublessee is also allowed to place a mailbox with the Sublessee's name at the designated location in the Building or on an existing mailbox.
  • The Parties agreed that the maximum number of individuals allowed to occupy the Property, considering hygiene standards, is <<Max persons>>. In addition to the Sublessee, the Property will be inhabited by ………………………………………………….
  • The Sublessee is not permitted to smoke or manipulate an open flame (including grilling) in the Property (including balcony/loggia/terrace).
  • The Sublessee agrees, upon Big Blue Hungary' instruction, to allow entry into the Unit for persons conducting regular energy consumption readings, repairmen, or any other individuals authorized by Big Blue Hungary or legal rules, if reasonably requested.
  • The Sublessee is obliged to comply with all regulations and directives issued by the relevant unit owners' association for the use of the Building.

· LATE PAYMENT

In the event that the Sublessee fails to pay the full Rental Fee, Utilities, and any other related fees within the due date, Big Blue Hungary reserves the right to charge a late fee (late payment interest). The Sublessee shall pay late payment interest at the rate set by the European Central Bank, effective from the date of due payment until the first day of the calendar half-year affected by the default. The obligation to pay late payment interest shall also arise if the Sublessee excuses his delay. The Sublessee shall compensate Big Blue Hungary for any damage resulting from the delay in excess of the late payment interest, unless the Sublessee excuses his delay. This late fee (late payment interest) shall be applied in accordance with all applicable local laws and regulations. The Sublessee acknowledges and agrees that timely payment of Rent, Utilities, and all other related fees is a material contractual obligation under this Agreement. Failure to make payments on time may result in the application of a late fee (late payment interest) as described above and the termination of this Agreement.

· DAMAGE COMPENSATION

  • Each Party is obligated to compensate the other Party for any damage caused by its culpable actions, unless the Party causing the damage excludes its liability.
  • The Party responsible for the damage is obliged to compensate for such damage without unnecessary delay after the other Party notifies it in writing of the occurrence of such damage, its cause, and its amount.
  • To the extent permitted by law, Big Blue Hungary excludes its liability and, to the extent possible, limits it to 2 (two) months' Rent.

· RENTAL PERIOD AND TERMINATION

  • The Parties agree that the Sublease under this Agreement is concluded for a definite period, starting from Contract Start Date, and ending on Contract End Date.

This Agreement shall terminate in particular upon expiry of the fix-term, by mutual agreement of the Parties, by termination by the Party entitled to do so, upon the death or termination without legal successor of the Parties, upon the eviction of the Sublessee from Hungary, or if so provided by law.

  • Extension of Rental Period. In the event that the Sublessee wishes to extend the Sublease, an extension will be granted subject to the availability of the Property. The Sublease rate will be redefined according to the extension. Any extension shall be considered valid only if the Sublessee has processed the payment of the amounts related to the extension.
  • Cancelation. Sublessee may withdraw from the Agreement prior to the Commencement Date by written notice to Big Blue Hungary (cancelation of reservation), such notice to be delivered in writing and by email to the address set forth in Section 11.9 below. Withdrawal by Sublessee will terminate this Agreement. No Sublessee cancellation will be deemed to be effective unless and until Big Blue Hungary sends a written return confirmation of its receipt of such cancellation. For cancellations requested 15 (fifteen) or more days before the Commencement Date, Big Blue Hungary will collect a charge equal to a half month's Rental Fee from Sublessee. For cancellations requested fewer than 15 (fifteen) days before the Commencement Date, Big Blue Hungary will collect a charge equal to one month's Rental Fee from Sublessee. Any service or card processing fees are non-refundable.

i) With written acceptance from Big Blue Hungary, a Sublessee may request to switch Units under the following conditions:

  • If the request is received more than 30 (thirty) days prior to the initial Commencement date, there will be no additional charge for switching Units.
  • If the request is received within 10 to 29 (ten to twenty-nine) days of the Commencement date, a charge equal to half month's Rental Fee will be payable by the Sublessee to Big Blue Hungary. Additionally, any card processing fees are non-refundable.
  • If the request is received less than 10 (ten) days before the Commencement date, a charge equal to one month's Rental Fee will be payable by the Sublessee to Big Blue Hungary. Additionally, any card processing fees are non-refundable.

For any unit switch prior to the Commencement Date, the Sublessee will incur the prevailing Rent, Utility Fee, and all other fees for the new Unit. Exit Cleaning Fees and Booking/Service Fees are transferable; however, if fees for the new unit are higher, Sublessee is responsible for covering the difference. If the fees are lower, the Sublessee will receive a corresponding reduction.

  • Early Termination. If the Sublessee has stayed in the Property for at least 6 (six) months, the Sublessee may terminate the Agreement by giving 30 (thirty) days prior written notice to Big Blue Hungary. Any Service/Booking fee, Cleaning Exit Fee or Card Processing Fee is non-refundable. Big Blue Hungary shall have the right to termination according to these provisions.
  • Termination of the Main Lease Agreement. This Agreement shall be subject to an earlier termination of the lease between the owner of the Property and the Big Blue Hungary ("Main Lease") in which case this Agreement shall terminate at the same time as the main lease. In such cases, the Big Blue Hungary shall offer the Sublessee alternative premises for relocation with similar specifications to the Property ("Relocation") for mutually agreed duration or give a full refund of the amounts paid for the remaining duration of this Agreement (such as already paid Rental Fee or other charges).
  • Termination for Material Breach of the Agreement.

(a) If the Sublessee fails to pay the Rental Fee by the due date set forth in Section 7.2, Big Blue Hungary shall issue a written notice to the Sublessee to pay the Rent, with a warning of the payment of the late fee (late payment interest) under this Agreement and of the termination of this Agreement by Big Blue Hungary. If the Sublessee fails to comply with the notice within 8 (eight) days, Big Blue Hungary may give 8 (eight) additional days' notice of termination and terminate this Agreement on the last day of the month following the month in which the Sublessee fails to comply with the notice.

b) If the conduct of the Sublessee or persons living with the Sublessee is the basis for termination, Big Blue Hungary shall give the Sublessee a notice to cease or desist from repeating the conduct, with a warning of the consequences under point a) above, within 8 (eight) days of becoming aware of it. The termination shall be notified to the Sublessee within 8 (eight) days of the continuation or repetition of the conduct on which it is based. The notice period shall not be less than 15 (fifteen) days. Big Blue Hungary shall not be obliged to give the Sublessee prior notice of termination if the conduct complained of is so serious that Big Blue Hungary cannot be expected to continue this Agreement.

In the event of any other material breach of this Agreement by either Party, the other Party is entitled to terminate this Agreement with a notice period of 1 (one) month. The notice period begins to run on the first day of the month following the month in which the notice was delivered to the other Party.

  • The Parties agreed that a material breach of this Agreement includes furthermore, in particular:
  • Sublessee's delay in paying the payments under clause 5 for more than 15 (fifteen) calendar days; or
  • Violation of the Sublessee's obligations stated in clauses 6 and 7.1 of this Agreement.
  • Termination of this Agreement does not affect the Parties' right to compensation for damages or costs incurred by the Parties until the effective date of termination.
  • The termination or cancellation of this Agreement by the Sublessee must be made in writing to the address 1084 Budapest, Bacsó Béla utca 17-21.
  • Upon the expiration of the Sublease term or any termination of this Agreement, the Sublessee is obliged to hand over the Property no later than the last day of the Sublease term by 11:00 AM, in the condition in which it was received from Big Blue Hungary, taking into account normal wear and tear, unless the Parties agree otherwise in writing. Upon returning the Property, the Parties shall draw up a written inventory-of-premises report recording the condition of the Property and the meter displays.
  • If the Sublessee fails to vacate the Property by the specified end of the Sublease term, and the Sublessee unauthorisedly retains the Property, the Sublessee shall pay a usage fee equal to the Rental Fee stipulated under the Agreement for the period of retention and shall be liable for any damage in excess thereof which would not have occurred without such retention.

Big Blue Hungary will take action to vacate the Property in accordance with the law.

· RELOCATION

12.1 Circumstances may arise from time to time that render a Unit unavailable for all or part of the term of the Sublease; such circumstances include (but are not limited to) significant building maintenance or natural disaster. Big Blue Hungary reserves the right to relocate Sublessee to another Unit of comparable quality, in the same Building or a comparable quality Building, upon reasonable notice, should the originally booked Unit become unavailable for any reason. In this case, Big Blue Hungary shall bear the costs of the Sublessee's relocation from the original Property. In the event that Big Blue Hungary notifies Sublessee of its intention to relocate Sublessee and Sublessee does not desire to be relocated, or if the Unit otherwise becomes unavailable during the term of the Sublease, Sublessee has the right to terminate the Agreement and to receive a refund of the remaining Rental Fee and other Fees on a pro-rated basis. Neither Big Blue Hungary nor the owner of the Property will be liable for any further amounts in respect of the termination of the Agreement.

12.2. Should Sublessee initiate a request to relocate to another Big Blue Hungary apartment after move-in, and such request is not the result of a deficiency in the originally booked Unit, a relocation fee (the "Relocation Fee") equal to half month's Rental Fee will be payable by the Sublessee to Big Blue Hungary. Sublessee must provide 30 (thirty) days' notice prior to the requested relocation date, and there must be at least 45 (forty-five) days remaining in the Sublessee's current agreement for the request to be eligible. Any Relocation initiated by the Sublessee would incur the prevailing Rent, Utility Fee, Exit Cleaning Fee, and all other Fees for the new apartment. Booking/service fees are transferable; if the Booking/service fees for the new apartment are higher, Sublessee is responsible for paying the difference.

· CONTACT INFORMATION

12.1. Any notice, request, or other communication that does not directly affect the validity of this Agreement, as well as routine communication between the Parties, will be conducted through the following contacts:

Big Blue Hungary:

Phone: +36 70 385 5578

Email: millennium@bigblueapartments.eu

· FORCE MAJEURE

13.1. Neither Party shall be liable for damages if the fulfilment of its obligations is temporarily or permanently prevented by an extraordinary, unforeseeable, and insurmountable obstacle beyond its control (hereinafter as "Force Majeure"). Cases of Force Majeure under this provision also include an unexpected change in the rental housing market originating from another event of Force Majeure, especially a natural disaster, war, pandemic, border closures, restrictions on free movement, and intervention by public authorities, or a change in the legislative framework of rental housing in Hungary, making the Big Blue Hungary's business unsustainable in the long term. Obstacles arising from the personal or internal circumstances of a Party or arising at a time when the Party was in default with the performance of the agreed obligation, as well as obstacles that the Party was obliged to overcome according to the Agreement, shall not exempt it from the obligation to compensate for damages.

· ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT

14.1. Neither Party is entitled to assign its rights or transfer its obligations under this Agreement without the prior written consent of the other Party.

· ALTERNATIVE DISPUTE RESOLUTION

15.1. In the event of a dispute between the Parties, the Sublessee, who is a consumer, is entitled to use the possibility of alternative dispute resolution in accordance with Act CLV of 1992 on Consumer Protection. The Sublessee is entitled to submit a proposal for alternative dispute resolution to the competent conciliation body. The list of Hungarian conciliation bodies is available here: https://mkik.hu/a-bekelteto-testuletek-teruleti-honlapjai, in English language here: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=h

· COOPERATION

  • The Parties undertake to act in accordance with the legitimate interests of the other Party and to perform all legal acts that prove necessary for the implementation of this Agreement. The obligation of cooperation relates only to acts that contribute or are intended to contribute to the achievement of the purpose of this Agreement.

· ENTIRE AGREEMENT

17.1. This Agreement constitutes the entire agreement between the Parties concerning the subject matter of this Agreement and supersedes all previous discussions, negotiations, and agreements between the Parties regarding the subject matter of this Agreement.

· CHANGES AND AMENDMENTS

18.1. Unless expressly stated otherwise in this Agreement, any provision of this Agreement may not be changed or amended in any way unless the change or amendment is made in writing, numbered (consecutively from the first), and duly signed by both Parties.