1. OBJECTIVE, DEFINITIONS
1.1. The present Rules and Regulations shall contain all the rules related to the maintenance, individual and shared use of the Hegyvidék Shopping Center (hereinafter as “Hegyvidék Shopping Center"), the cooperation of those with rights of use at the Hegyvidék Shopping Center as well as additional stipulations related to visitors.
1.2. Said rules and regulations shall stipulate the rights and obligations of the Lessee, Lessors and users of the Hegyvidék Shopping Center. The users of the Hegyvidék Shopping Center shall include all natural or legal persons that utilize or use the Hegyvidék Shopping Center for business, occupational or private purposes.
1.3. In all matters related to the Rules and Regulations, the Lessee and Owner of the Hegyvidék Shopping Center shall be represented by the manager of the Hegyvidék Shopping Center (hereinafter as: “Shopping Center Manager”) and their commissioned operator (hereinafter as: “Operator”). Therefore, in terms of the present Rules and Regulations, the term of “Operator” shall refer to the Owner (hereinafter as: “Lessee”) or the legal person representing the Owner as the Shopping Center Manager or Operator.
1.4. Business premises. In the present Rules and Regulations, Business premises shall denote all leased (commercial, catering, service, entertainment, office) premises of the Hegyvidék Shopping Center as well as temporary or permanent sales stands in common areas. The definition of a business premises shall include all on-site presence or areas of the Business premises in question that are closely tied to the sales or services activities of the Lessor.
1.5. Catering and entertainment units. Catering and entertainment units shall include cafés, restaurants, confectioneries which might fall under different regulations due to their nature.
1.6. Staff areas, storage units. These include staff dressing rooms, staff rest rooms, service offices, storage rooms, corridors and all other areas that are fully or partly closed to public use.
1.7. Technical premises. This definition shall include all areas closed to public use, which shall only be accessed by technical staff; even the attempted entry of all others to said areas is prohibited.
1.8. Underground car park and car park. The underground car park is located on the “P2” and “P3” levels of the Hegyvidék Shopping Center. The parking regulations of the underground car park are regulated by separate Parking Regulations.
1.9. Lessor(s). Lessor(s) shall include natural or legal persons with a valid and effective tenancy or utilisation agreement with Hegyvidék Shopping Center’s Lessee.
1.10. Employees. In the present Rules and Regulations, employees shall constitute the Lessor and individuals employed by the Lessor who perform activities in relation to the fulfilment of the tenancy within the premises of the Hegyvidék Shopping Center.
1.11. Operator. In unambiguous cases, the definition of the Operator shall denote the owner (Lessee) or the natural or legal person who represents the Owner pursuant to the agreement with the Lessee as the Operator of the Hegyvidék Shopping Center.
1.12. Security staff. The contractor with security expertise providing for the safety and security of the Hegyvidék Shopping Center based on a separate agreement concluded with the Lessee.
2. AMENDMENTS TO THE RULES AND REGULATIONS
2.1 The provisions of the present Rules and Regulations shall be independently determined at the Lessee’s discretion, who is entitled to unilaterally amend said regulations at any time.
2.2 The amended contents of the Rules and Regulations shall automatically enter into force and be applied for individual Lessors on the 5th (fifth) calendar day subsequent to the announcement of said amendment.
3. SCOPE OF THE RULES AND REGULATIONS
3.1 Territorial delineation
The scope of the present Rules and Regulations shall cover all premises of the Hegyvidék Shopping Center, particularly, Business premises, common areas (paths, walkways, loading areas, central spaces, escalators, etc.) as well as premises of other designations (storage rooms, goods delivery areas, lifts, rest rooms, staff areas), the underground car park, car park, loading areas and outdoor terraces.
3.2 Personal delineation
The present Rules and Regulations and its amendments shall be enforceable and binding to all Lessors of the Hegyvidék Shopping Center (including, in unambiguous matters, the Employees, furthermore Lessor shall include all natural or legal persons in employment or other legal status with the Lessor), its users, Operators, the Security staff, their employees and contracted agents, as well as the customers, visitors and guests of the Hegyvidék Shopping Center.
4. BINDING OBLIGATION
4.1 Lessors are required to familiarize and comply with the stipulations of the present Rules and Regulations and present and enforce its content to and with their employees and third parties with contractual obligations. The binding nature of the present Rules and Regulations shall be designated on all documents in which any third party is provided the right to perform business activities within the premises of the Hegyvidék Shopping Center. Under no circumstances shall the Operator be liable against the Lessors for any damages caused by customers or visitors.
4.2 Insofar as any stipulations of the present Rules and Regulations should contradict the individually ordained provisions of a lease agreement concluded with the Lessor, the provisions of the lease agreement shall prevail over the contents of the present Rules and Regulations.
5. RULES OF CONDUCT
5.1 Lessors are obliged to familiarize and enforce the contents of the present Rules and Regulations with their Employees, partners and customers.
5.2 Smoking is only allowed for Employees of Business premises in designated smoking areas, smoking in any other area is prohibited and shall be sanctioned; should Employees of Business premises become aware of smoking – outside of designated smoking areas – they are required to immediately call on the person in question to cease smoking and notify the Security staff. Eating is prohibited in retail spaces.
5.3 The following conduct is prohibited for all parties:
- Smoking is prohibited within the entire area of Hegyvidék Shopping Center, with the exception of designated smoking areas;
- the consumption of alcoholic beverages is prohibited outside of the area of catering units, bringing alcoholic beverages into the premises of Hegyvidék Shopping Center for consumption is prohibited;
- the possession, distribution or use of drugs is prohibited with the premises of Hegyvidék Shopping Center, or entering said premises under the influence of drugs;
- it is prohibited to display conduct that violates public morals or bringing items of this nature into the premises of Hegyvidék Shopping Center;
- violent conduct or any form of behaviour that incites outrage or fear in others, including causing noise, yelling or fighting is prohibited;
- carrying firearms or items to be confused therewith into the premises of Hegyvidék Shopping Center is prohibited, including devices the possession of which in public areas is prohibited by Government Decree no. 175/2003. (X 28.) on instruments particularly dangerous for public safety;
- it is prohibited to carry out unauthorized commercial, catering or hospitality industry activities;
- it is prohibited to carry out agency activities or ambulate through Hegyvidék Shopping Center as live advertising material;
- it is prohibited to distribute flyers or put up posters on the interior walls, outer facade of Hegyvidék Shopping Center or the glass storefronts of Business premises with permission;
- it is prohibited to organise, carry out or play in unauthorized public games of chance;
- it is prohibited to use bicycles, skateboards, rollers, roller-skates or other transportation devices within the premises of Hegyvidék Shopping Center;
- it is prohibited to bring bicycles into the premises of Hegyvidék Shopping Center;
- it is prohibited to perform sporting activities;
- it is prohibited to mendicate or beg;
- it is prohibited to reside within the premises of Hegyvidék Shopping Center in unclean clothes or dishevelled state;
- it is prohibited to use the rest rooms for personal hygiene purposes other than for washing hands;
- it is prohibited to organise religious, political or similar events, distribute flyers or agitate visitors for such purposes;
- it is prohibited for children under 14 years of age to remain without the supervision of parents or adults;
- littering or carrying waste into the premises of Hegyvidék Shopping Center for the purpose of their disposal is prohibited;
- climbing onto the interior or external structure of the building is prohibited.
5.4 Operator and the Security Staff are entitled to inspect the normal use of the premises, pursuant to the contents of the present Rules and Regulations. Insofar as the Operator or the Security staff become aware of conduct that disrupts the proceedings of the present Rules and Regulations, they are entitled to call upon the perpetrator/non-compliant party to cease said behaviour and to display conduct in observance of the present Rules and Regulations or to call upon said parties to vacate the premises of Hegyvidék Shopping Center and are entitled to initiate administrative procedures, depending on the nature of the infringement and, furthermore, are entitled to prohibit the entry of non-compliant persons to the premises of Hegyvidék Shopping Center insofar as the infringement is of such severity that the Operator deems it to be harmful to the Hegyvidék Shopping Center’s reputation or may infringe the interests of the Operator or any visitor therein protected by law. Insofar as Operator or Security staff become aware of repeated behaviour that disrupts the proceedings of the present Rules and Regulations, they are entitled to prohibit the entry of the perpetrator/non-compliant party to the Hegyvidék Shopping Center and may keep said parties away from the immediate vicinity of the Hegyvidék Shopping Center, particularly, to ensure the safety of the Hegyvidék Shopping Center’s Lessors, visitors, customers and guests.
5.5 The Security staff, Operator and their employees may call on persons infringing on the prohibition of smoking to immediately cease smoking and may require them to immediately vacate the premises of the Hegyvidék Shopping Center, with the exception of Lessor and their employees, in which case, the infringement shall constitute a breach of the lease agreement. In the case of the violation of rules of conduct related to smoking, the Operator or Security staff shall record a log on the infringement. The violation of the rules of conduct on smoking shall constitute a breach of the present Rules and Regulations, leading to the legal consequences against the Lessor stipulated in the lease agreement.
Insofar as the health administration authority should impose a fine on the Lessor, the Shopping Center Manager or the Operator due to the violation of the provisions of Act XLII of 1999 on the Protection of Non-Smokers and Certain Regulations on the Consumption and Distribution of Tobacco, Operator is entitled to settle the fine with the person responsible for the infringement in that if it is not possible to impose the fine on the non-compliant party or should the Operator face difficulties in the recovery of the fine, the Lessor shall be required to cover the advance payment of the fine for the Operator.
5.6 Lessor’s obligations:
- Lessors are required to provide the Operator with the name, address and telephone number of the person responsible who can be notified outside of opening hours in the event of an emergency and are required to promptly notify the Operator in the event of any changes to said contact information;
- Should countering the emergency or threat necessitate immediate access to the Business premises, Lessor consents to Operator entering the Business premises with force;
- Lessors are required to render Lessee keys to the Business premises in the event of emergencies or hazards, which Lessee shall safeguard;
- Lessors may not block any walkways, lobbies, lifts, corridors or stairs inside or outside the Hegyvidék Shopping Center, which they may solely use to ambulate into or out of the Business premises.
6. OPENING HOURS OF THE HEGYVIDÉK SHOPPING CENTER AND STORES
6.1 General mandatory opening hours
Hegyvidék Shopping Center shall remain open to the public – with the exception of the closing days designated by the Manager of the Hegyvidék Shopping Center for the following year no later than by 20 December of the previous year (national or religious holidays, official national holidays, public holidays) – all year along, while the opening hours of cafés and restaurants are regulated by separate provisions.
The compulsory opening hours of the Hegyvidék Shopping Center, from which deviations are only possible pursuant to the contents of the lease agreement:
Monday 10 am – 8 pm
Tuesday 10 am – 8 pm
Wednesday 10 am – 8 pm
Thursday 10 am – 8 pm
Friday 10 am – 8 pm
Saturday 10 am – 7 pm
Sunday 10 am – 2 pm
6.2 In lack of a separate written agreement with Lessor, temporary closure of Business premises during mandatory opening hours shall constitute a breach of the present Rules and Regulations and the lease agreement.
6.3 Lessor is required to clearly designate the opening hours on the glass storefront of the Business premises.
6.4 Insofar as the Business premises are closed due to inventory or other technical issues, Lessor is required to designate the reason, duration and time of the closure as well as the foreseeable time and duration of opening on the glass storefront of the Business premises in a clearly visible, aesthetic (typed) form.
6.5 The opening time of certain business premises must adhere to the opening hours of the Hegyvidék Shopping Center (unless Lessor’s lease agreement allows for any deviation), for the sake of local administrative legislation and the special regulations specified in the operating license of the Business premises. The Manager of the Hegyvidék Shopping Center is authorized to unilaterally determine the opening hours of Hegyvidék Shopping Center in accordance with legislation, customer demands and commercial habits.
6.6 Violating the opening hours, including any arbitrary or temporary closure of the Business premises without an advance, written agreement may constitute a serious breach of the lease agreement, on which Operator shall record a log. The violation of the compulsory opening hours shall entail legal sanctions as stipulated in the lease agreement.
6.7 The detailed regulations on the use of the underground car park are regulated by the Parking Regulations.
6.8 Irregular opening hours
Insofar as the Operator, in justified cases, decides that the Hegyvidék Shopping Center shall remain open in irregular times, the Business premises must also remain open, unless this is in violation of local regulations or the provisions of the lease agreement concluded with the Lessor.
7. EXTERNAL APPEARANCE, PROMOTION
7.1 During opening hours, including irregular opening hours, Lessors are required to illuminate the storefront, company signs/business signage in a unified and appropriate manner.
Operator shall provide for the illumination of the facade, underground car park and common areas of the Hegyvidék Shopping Center. During periods of closure, the Hegyvidék Shopping Center employs night-time illumination. Energy-saving regulations may modify the duration and luminance of the afore-mentioned illumination.
7.2 Outside of the Business premises, it is prohibited to post signs, advertisements or other signage, etc. in Hegyvidék Shopping Center without the advance written permission of the Operator. Operator shall grant permission depending on the modifications or terms deemed necessary and the posting shall take place based on an individual agreement with the Lessor. The necessary public administrative or other official permits are to be obtained by the Lessor in advance.
Lessee reserves the right to prescribe a unified size, quality, design, structural material for the Lessor’s signage, including the modification of existing signs.
7.3 Lessors may not post advertisements within or outside of Hegyvidék Shopping Center that are related to their business activities in Hegyvidék Shopping Center.
Exceptions to this rule are only possible in the event of advertisement or promotional events authorized by the Operator (e.g. the anniversary of the opening of Hegyvidék Shopping Center, summer or winter sales (within the period prescribed by law), promotional periods, exhibitions, displays and other promotional events.
Lessor may not post so-called “sidewalk signs” in front of their Business premises. Lessor may only distribute flyers within the area of the Hegyvidék Shopping Center with the Lessee’s written permission.
7.4 The storefront must be arranged in a stylish and aesthetically pleasing way. Lessors may not put up posters on the outer or inner side of the glass storefront of Business premises. Insofar as Lessor posts advertisements outside of the Business premises without permission and fails to remove them after the written demand of the Operator, Operator is entitled to have the advertisements removed at the Lessor’s expense.
80% of the glass surface of the storefront must remain transparent at all times. All Lessors are required to keep the storefront of the Business premises in a clean state and display items that are available for purchase in the Business premises. Lessor is required to replace the items in the storefront at least once a month, renewing and rearranging the storefront.
Individual (non-promotional) information on various stores, including the store’s name and nature, its telephone number, company registration and VAT-related information, etc. may be posted on the glass storefront with the Operator’s permission.
7.5 In the last 6 (six) months of the period of the lease agreement (or when terminated for any reason), Lessee has the right to use a reasonable part of the outer walls and/or storefront of the Leased premises for advertisements/notices for its re-leasing.
8. CLEANING AND MAINTENANCE
8.1 Operator or Lessor is required to perform regular cleaning duties outside of the opening hours of Hegyvidék Shopping Center in order to avoid restricting the flow of customers.
8.2 Insofar as cleaning is only required in an individual case, the party performing the cleaning (Operator or Lessor) is liable for performing the above-mentioned cleaning work, as well as their appropriateness and inspection, including any possible damages incurred by any parties due to said cleaning.
8.3 Lessors shall provide – amongst other things – for the cleaning of the storefront, including the space between the store windows, or possible blinds or shutters of their Business premises.
8.4 Insofar as Lessor fails to fulfil their obligation under item no. 8 of the Regulations, Operator is entitled to have the works carried out with other businesses at the expense and risk of the Lessor.
8.5 Regular violation of the cleaning protocol shall constitute a violation of the present Rules and Regulation and shall entail legal sanctions as stipulated in the lease agreement.
9. RECONSTRUCTION OR COMPREHENSIVE MAINTENANCE WORKS
9.1 In the months of September, October, November and December, it is prohibited to carry out any comprehensive reconstruction or maintenance works in the Business premises or on their external walls, unless when absolutely necessary, yet in all cases, these require the Operator’s advance written permission. Reconfiguration, reconstruction or maintenance works – with the consent of the Lessee – are mainly carried out in the first week of January of every year, as well as in the first week of August, subsequent to obtaining the advance written permission of the Lessee.
9.2 Obstructing or hindering the customers of Hegyvidék Shopping Center – due to the necessary construction or maintenance measures – shall be limited to the smallest possible extent necessary. The works cannot affect areas outside of the Business premises and no hindrance or inconvenience must be caused on shopping street areas, which are to be kept absolutely clean.
10. COMMERCIAL ACTIVITIES
10.1 Lessors must do the utmost in order to contribute to the business success of the Hegyvidék Shopping Center, while ensuring and not impeding its commercial productivity.
10.2 Lessors undertake to manage and utilize their Business premises in a committed and energetic fashion.
10.3 Commercial activities conducted within the Business premises shall be restricted to the activities described in the lease agreement and the document consisting of its annex that describes said commercial activities.
10.4 The goods and items on sale are to be displayed and sold solely within the Business premises. The Lessors of Hegyvidék Shopping Center must refrain from conducting commercial activities in common areas, unless said commercial activities are carried out pursuant to a so-called temporary stand lease agreement concluded with the Lessee for this purpose.
10.5 The Business premises are to be solely used for the purpose and authorized commercial activity specified in the lease agreement. All other forms of use shall entail legal sanctions as stipulated in the lease agreement as a breach of contract.
10.6 All forms of activities are prohibited that hinder business activities. All forms of marketing, agency activities, canvassing, public speeches and performances, events or the distribution of promotional material or brochures of any nature in common areas or the car park require the advance express written consent of the Operator.
10.7 Auctioning, (summer or winter) fairs, discounts, sales promotions or other similar commercial activities require the advance express written consent of the Operator. Sales promotions for a limited number of products are allowed without authorization.
10.8 All forms of coin-operated machines may only be installed and used inside or outside of the Business premises with the advance express written consent of the Operator.
10.9 The violation of the provisions of the present item no. 10 shall constitute a breach of the present Rules and Regulations, leading to the legal consequences against the Lessor stipulated in the lease agreement.
11. LOADING AND UNLOADING OF GOODS
11.1 The delivery of goods to Business premises shall take place at the Hegyvidék Shopping Center on opening days via routes designated by the Operator between 5.00 am and 10.00 pm, solely via loading routes and loading areas. Lessors with a Business premises without a door opening onto a rear corridor can use shopping center spaces between 5.00 am and 10.00 am for the loading of goods. Said restrictions shall not extend to the storage areas leased by the Lessor, yet the rules on the loading and handling of goods to and fro said storage areas are to be observed at all times.
11.2 The loading yard of Hegyvidék Shopping Center (i.e. the surface parking area accessible via Szendi utca) is to be solely used by goods vehicles performing the loading of goods, solely during the period of loading for the purpose of continuous loading in observance of the road markings and the rules of the Highway Code.
The use of the designated goods loading car park for purposes other than those stated above shall constitute a breach of the present Rules and Regulations, leading to legal consequences against the Lessor as stipulated in the lease agreement.
The free of charge parking time shall be no more than 30 (thirty) minutes in the case of vehicles with a permissible laden mass that does not exceed 3.5 tons, or 60 (sixty) minutes in the case of vehicles with a permissible laden mass in excess of 3.5 tons for vehicles owned by the Lessor or parties within their interests. Insofar as a goods vehicle should occupy the parking space beyond the allotted time period, Lessor shall pay a loading yard usage fee of HUF 10,000 (ten thousand Hungarian Forints)+VAT for every half hour – according to the official documentation of the security guard service – arising from the usage of the loading yard for inappropriate purposes, which Lessee is entitled to invoice to Lessor in that insofar as the loading yard fee invoiced to the Lessor for said violation of the Rules and Regulations should be in excess of HUF 100,000 (one hundred thousand Hungarian Forints) + VAT, it shall entail the legal consequences of a substantial breach of the lease agreement.
11.3 Delivery of goods or the loading of goods to and from the Business premises is strictly prohibited outside of areas designated for said purpose. The ramps located at the car parks, lifts, escalators and entrances are to be used solely by the customers and visitors of the Hegyvidék Shopping Center. The delivery of goods to Business premises can solely be carried out via freight lifts.
11.4 Lessee shall not be held liable insofar as Lessor is unable to carry out the delivery or loading of goods, etc. due to official regulations.
11.5 All goods owned or received by the Lessor are to be placed or stored without delay in the Business premises they lease. Warehousing or storage of goods in common areas is expressly prohibited.
11.6 The use of forklifts suitable for the loading of goods is solely authorized for goods delivery service providers designated by the Lessor who receive advance guidance from the Operator. Operator shall not be held liable for any damages arising through unauthorized use, which shall fully and exclusively be borne by the Lessor.
11.7 All devices and equipment used in common areas for the handling of goods must be equipped with plastic or rubber wheels and are to only be operated manually.
11.8 It is prohibited to use the shopping carts provided for shoppers of the grocery store for handling goods.
11.9 Activities related to moving into or out of the Business premises may only be carried out on days and times coordinated with the Operator.
11.10 Activities related to goods traffic or moving into or out of the Business premises cannot obstruct entrance to common areas or block corridors or emergency exits. Insofar as any goods would hinder the entrance into or passage through the Hegyvidék Shopping Center, the Operator of the Hegyvidék Shopping Center is entitled to have said goods removed at the expense of those entitled to said goods.
11.11 Lessors are required to keep the zones used for the delivery of goods in a clean state at all times.
11.12 The regulations of the Highway Code shall apply within the premises of Hegyvidék Shopping Center’s underground car park. The storage of bicycles is solely possible at designated bicycle storage areas. The bicycle storage area shall be used solely at the risk of the user.
11.13 Lessee is entitled to unilaterally determine the regulations of the Hegyvidék Shopping Center’s car park and shall operate it with the Operator of its choice.
12. USE OF COMMON AREAS
12.1 Operator may periodically, at its own exclusive discretion, provide for use certain designated common areas of the Hegyvidék Shopping Center – to the benefit of the Hegyvidék Shopping Center – to public or private organisations, groups, legal persons, institutions, private individuals, etc.; said organisations may also carry out commercial activities. Such usage may not obstruct the access of Business premises.
12.2 Operator is entitled to temporarily use common areas for advertisement and animation purposes.
12.3 The Operator of the Hegyvidék Shopping Center reserves the right to establish commercial kiosks on shopping street areas.
12.4 Operator may conclude separate agreements for the restaurant/catering/other commercial use of common areas.
12.5 Lessors are required to clearly mark their own shopping carts and are responsible for promptly collecting their carts and placing them in an orderly fashion in designated areas.
12.6 Without the advance, written consent of the Operator of Hegyvidék Shopping Center, neither the Lessors, nor their subcontractors or deliverymen are allowed to use in any way the Hegyvidék Shopping Center’s external walls.
12.7 Lessee reserves the right to create and post any advertisements or decorations within or outside of the Hegyvidék Shopping Center. Lessee is exclusively entitled to the income from said activities and said amounts shall not increase the Marketing Costs.
12.8 The heating period shall last from 15 October to 15 April, yet this may vary based on current weather conditions.
13. SECURITY AND SAFETY OF PERSONS, ENVIRONMENT AND PROPERTY
13.1 Noise. The use of speakers, musical devices, megaphones, radio and TV devices or other devices or equipment producing sound, as well as all sources of noise shall only be operated within the Business premises under the condition that the music, announcements, etc. shall not be audible outside of the Business premises or cause any disturbances. Operator is entitled to provide background music or images in common areas at its own discretion.
Lessors or their employees or deliverymen shall only use motor-driven vehicles by limiting their noise level to an absolute minimum; signal horns can only be used when absolutely necessary for safety reasons. Electric devices and equipment must be operated in an electrostatic-free mode in order to prevent any disruptions with other electrical devices (e.g. due to interferences) in the Hegyvidék Shopping Center.
13.2 Disturbing odours. Lessors are required to do the utmost to avoid any discharge of unpleasant odours. The extent of the emitted odours shall not exceed the levels stipulated in the legislation in effect and the relevant official regulations.
Lessors and all users of the Hegyvidék Shopping Center must take care not to clog or damage the drains and washbasins of the Hegyvidék Shopping Center with objects or other means.
13.3 Waste. Lessors are required to deposit waste and garbage in a reasonable manner, as required by the Operator in designated waste collection points – in selected form when required by the Operator. It is expressly prohibited to deposit all forms of waste and garbage originating from the Business premises in the waste collection units installed for the guests, visitors and shoppers of Hegyvidék Shopping Center.
Wet waste originating from restaurants or businesses is to be suitably packaged pursuant to the legislation and official regulations in effect. It is prohibited to dump solid waste material or substances prone to caking in the drains.
It is prohibited to dump used frying oil in drains, toilets, sewers or waste collection bins. Lessor shall solely collect used frying oil in sealed containers and have it removed with a company authorized for its disposal.
It is prohibited to dispose products of animal origin, foodstuffs, food scraps or foodstuffs of other ingredients in communal waste containers; waste of this nature must be removed with a company authorized for its disposal.
In all cases, the disposal of waste must take place prior to the opening or subsequent to the closure of the Hegyvidék Shopping Center.
The waste is to be delivered and stored in a way that always preserves the cleanliness of common areas. It is prohibited to drag waste containers on the floor; they are to be carried in hand or on carts with nylon or rubber wheels. Waste is to be disposed in waste containers reserved for Lessors.
Operator reserves the right to make arrangements with city authorities or a specialized firm based on which the waste and garbage shall be collected and/or removed and/or processed, or said services may be undertaken at the discretion of the Lessee, yet at the expense of the Lessors. The costs of said services shall be shared by the Lessors benefitting from said services based on the share of the area leased within the Hegyvidék Shopping Center. Lessee is entitled to all income earned through said negotiations and/or collection, and/or removal and/or processing. All taxes and fees that the competent authorities levy on the Lessee for waste collection, removal and/or processing shall be shared by the involved Lessors as listed above.
13.4 Flammable and hazardous materials. The storage of toxic, explosive or other hazardous properties in the premises of the Hegyvidék Shopping Center is prohibited. The exception to this rule is products that are regularly sold in retail trade. Insofar as business activities require the storage of flammable substances, this shall require obtaining permits from the relevant authorities, as well as advance written permission from the Operator of the Hegyvidék Shopping Center and its insurance company. Any additional insurance fees shall be borne by the Lessor.
13.5 Extermination of insects and rodents. Lessee reserves the rights to conclude a contract with one or more firms specialized in the extermination of insects and/or rodents and disinfection at regular costs; additionally, its reserves the right to conclude other agreements necessary for the security and sanitation of common and leased areas.
13.6 Accidents. In the case of an accident entailing personal injury, the ambulance services, as well as the Security Staff/Operator or the Lessee are to be notified without undue delay.
13.7 Theft, attempted theft. Lessor is required to notify the Operator in the event of a theft or attempted theft, or in the event of notifying the police. This obligation shall also apply should the Lessor become aware of preparations for or execution of theft or other criminal activities within the Business premises or the Hegyvidék Shopping Center.
13.8 Lessors are required to promptly notify the Operator or the Security Staff insofar as they become aware of the presence of suspicious individuals or those who display unusual behaviour or with particularly unkempt looks, as well as dangerous individuals under the influence of alcohol or narcotic drugs within the area of the Hegyvidék Shopping Center.
13.9 Fire hazards.
13.9.1 Lessors are required to provide entry to their Business premises for the inspection of the automatic sprinkler system and smoke detectors.
13.9.2 It is prohibited to position furniture or other objects in a way that hinders the function of automatic sprinkler systems.
13.9.3 All Lessors who wish to decommission the automatic sprinkler system must notify the Operator in advance and wait to receive their advance written permission. Insofar as the decommissioning requires the payment of additional insurance fees, those are to be borne by the Lessor requesting the decommissioning of the system.
13.9.4 Evacuation routes and emergency exits are to be kept unobstructed and clean at all times and must not be blocked with any objects.
13.9.5 In the event of a fire alarm, Lessors are required to vacate the premises and direct the guests and customers in the premises towards the evacuation routes and inform them of the nearest evacuation route.
13.9.6 In the event of a fire, the fire brigade is to be immediately notified, followed by the Operator. In the event of the unnecessary activation of a sprinkler, the Operator is to be notified along with the name of the store in question. The provisions designated in the present item do not exempt the Lessors from the fulfilment of taking other security measures listed in the lease agreement and insurance agreements.
13.9.7 Lessors shall not bring or store any substances into or in the premises of the Hegyvidék Shopping Center and shall not carry out or allow any activities that could increase the risk of fire or raise the fire insurance rating of the Hegyvidék Shopping Center and the Business premises, furthermore, shall not violate any regulations on fire safety or the regulations of the fire brigade.
13.9.8 All costs incurred due to the re-launch of systems after the fire alarm or sprinkler systems are activated due to careless, negligent behaviour (e.g. smoke from food burnt in a microwave oven, poor, non-compliant design or reconstruction of leased areas; etc.) shall be reimbursed by the Lessor to the Operator and shall constitute a substantial breach of the lease agreement
14. SECURITY STAFF
14.1 The safeguarding of the Hegyvidék Shopping Center shall be provided by a contractor with security expertise 24 hours a day based on a separate agreement concluded with the Operator.
14.2 During opening hours, the Security staff shall continuously monitor common areas and inspect the observance of the contents of the present Regulations, safeguarding its enforcement. Insofar as the Security Staff becomes aware of the violation of the present Regulations, they are required pursuant to their agreement with the Owner/Operator to record a log on the violations of the Regulations and take all necessary measures in their competence while promptly notifying the Operator.
14.3 During opening hours, the Lessor is entitled to contact the Security Staff in cases stipulated in the present Regulations to request for their assistance, while the Security Staff is required to provide all the necessary assistance. Lessor and Security Staff are required to cooperate with one another.
14.4 During opening hours, Lessor shall be responsible for the valuables in the Business premises.
15. SECURITY CAMERAS
15.1 The security of the Hegyvidék Shopping Center is assisted by a security surveillance system, the operation of which is provided by the Operator and which shall be operated by the Security Staff. Operator shall record and process the recordings pursuant to the relevant legislation. Recordings shall only be disclosed to the authorities for court or other official proceedings.
15.2 In lack of court or other official proceedings, the recorded video, audio as well as audio-visual materials shall be destroyed or erased within three working days of their recording. Those whose rights or legitimate interests are affected by the video, audio as well as audio-visual recordings or the recording of other personal data may request the erasure of the video, audio as well as audio-visual recordings or other personal data pursuant to the provisions of Act CXXXIII of 2005 (hereinafter as: Security Services Act) within three working days of the recording of said data or in certain cases, with the verification of their rights or legitimate interests, within thirty or sixty days may request the data not to be destroyed or erased. When requested by a court of law or other authorities, the recorded video, audio as well as audio-visual materials or other personal data are to be promptly dispatched to the court or authority. Insofar as there are no further requests within thirty days of the request to forgo the erasure of the recordings, the recorded video, audio as well as audio-visual materials or other personal data shall be destroyed or erased, unless the thirty or sixty days stipulated in Section 31 (3) or (4) of the Security Services Act have not yet expired.
15.3 Operator shall ensure that a clearly legible notification on the use of the surveillance system is posted in an openly visible, public area.
16. RADIO AND TV ANTENNAS
16.1 The installation of radio or TV antennas without the permission of the Operator is prohibited. The Operator reserves the right to determine the conditions of said permissions at its own discretion.
16.2 Operator may decide on the installation of a central antenna system; in this event, they may install wiring to the various business premises, the expenses of which shall be borne by the Lessors who requested said connections. Lessors using the central antenna system shall pay a monthly fee to the Operator in return for the depreciation expenses, maintenance costs and all additional, related expenses.
16.3 Additionally, Operator may choose to connect to a certain cable television network in that said service provider shall offer services identical to those of a central antenna system.
16.4 The cost of connection shall be shared by the Lessors entitled to use the cable television system. The calculation of the monthly fees payable by the Lessors and the cost ratio shall be performed by the Operator.
17.1 Numbered, individual mailboxes shall be installed.
Pursuant to the postal administration principles, mail sent to the Lessors of the Hegyvidék Shopping Center are to be addressed as follows:
Name of Business or Lessor
Hegyvidék Shopping Center
18. TEMPORARY CLOSURE
18.1 When required by an emergency (e.g. armed conflict, revolt, insurgency, bomb scare, rioting, major technical errors not attributable to the Owner of the Hegyvidék Shopping Center, etc.), Lessee may order for the temporary closure of the Hegyvidék Shopping Center, yet must provide suitable information to the Lessors about said closure in order to allow for implementing appropriate (e.g. property protection or security) measures.
19. TECHNICAL ISSUES
19.1 All technical issues related to the Business premises and the common areas are to be promptly reported to the Lessee should Lessor become aware of any issues of this nature. Said notification shall not exempt Lessor from other obligations stipulated in the lease agreement.
20. COMMERCIAL USE
20.1 Lessor is required to commence the performance of its business activities with the utmost efficiency pursuant to the stipulation of the lease agreement.
Lessee is required to keep the Business premises in a continuously air-conditioned, individually heated or cooled state.
Lessor may fully use the entire Business premises for the retail purposes designated in the lease agreement, with the exception of areas classified as office space or auxiliary premises supporting the Lessor’s activities (e.g. storeroom).
20.2 Lessor may freely establish its business policy within the boundaries of the business activities determined in the lease agreement, insofar as this shall have no adverse effect on the reputation of the Hegyvidék Shopping Center.
20.3 Permits provided by the Operator of the Hegyvidék Shopping Center shall not exempt Lessor from its obligation to obtain the necessary official permits from the relevant authorities for the layout of the Business premises or the planned business activities designated by the Lessor.
21.1 The observance of the present Rules and Regulations is in the common interest of the Lessors. Therefore, it is of utmost importance that all parties who reside in, use or benefit from the Hegyvidék Shopping Center observe said regulations.
21.2 In the event that the Lessor (including all the employees of the Lessor or individuals acting on its behalf) fails to observe the present Rules and Regulations, Lessee is entitled to invoice fees against the Lessor on the grounds of breach of contract, which shall amount to the penalty fee stipulated in the lease agreement, yet no less than 1/360th of the annual lease fee, furthermore – pursuant to the stipulations of the lease agreement – it shall be entitled to the reimbursement of damages and shall apply the legal consequences stipulated in the lease agreement.
21.3 In the event of the negligence or omission of the Lessor, Operator is entitled to have the obligations of the Lessor carried out by a third party of its choice, at the expense and risk of the Lessor.
21.4 The payment of the penalty fee shall not provide exemption from the general obligation of observing the present Rules and Regulations.