LEGAL INTERPRETATION FOR RESTARTING TOURISM

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LEGAL INTERPRETATION FOR RESTARTING TOURISM

Transcript of LEGAL INTERPRETATION FOR RESTARTING TOURISM

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LEGAL INTERPRETATION FOR RESTARTING TOURISM

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CONTENT

Executive summary 3

Provisions entering into force on the day following the day of the administration of the four-millionth first dose of the vaccine against COVID-19 4

Frequently asked questions 23

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EXECUTIVE SUMMARY

The summary document called Legal interpretation for restarting tour-ism summarises and interprets the legal provisions relating to the grad-ual relaxation of the restrictive measures affecting the tourism sector introduced in the fall of 2020 in order to combat the coronavirus.

The Government of Hungary wishes to restart the tourism sector grad-ually, based on a structured approach tied to the number of vaccines administered against the coronavirus. The commencement of this re-start process began on the 24th of April 2021, the day following that of the administration of the 3.5-millionth first dose of the vaccine against COVID-19. This was a significant day for domestic hospitality after a long period of lockdown. Following a months-long closure, this was the first time that the terraces of catering establishments could open and when it was possible to dine without wearing a mask. The opening, however, will continue to the next stage following the administration of the four-millionth first dose of the vaccine, at which time accom-modation establishments may operate normally, provided that they comply fully with protective measures. In addition, by verifying immu-nity, not only will the terraces of catering establishments be used, but also the interiors, as well as spas. The Hungarian Tourism Agency has summarised the provisions to allow tourism service providers to com-ply effectively with the laws in the course of re-opening, and they have provided answers to the frequently asked questions arising during the preparation for opening accommodation establishments, catering es-tablishments, and recreational facilities.

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Provisions entering into force on the day following that of the administration of the four-millionth first dose of the vaccine against COVID-19

The new rules will enter into force on the day following that of the admi-nistration of the four-millionth first dose of the vaccine against COVID-19.

The new rules introduce facilitations in connection with the operation of accommodation and catering establishments, recreational facilities and sports facilities, as well as with the attendance of cultural events and with the issue of mask wearing. Some entitlements apply only to persons holding and presenting a recognised immunity certificate.

“Persons protected against the coronavirus” means persons holding an immunity certificate issued by the relevant Hungarian authority. It also means persons holding an immunity certificate issued by a state whose immunity certificate is recognised by Hungary, so long as this recognition is legally declared in a decree issued by the Mi-nister for Foreign Affairs in agreement with the Minister for Border Control. All persons shall verify their protection against the corona-virus by presenting the immunity certificate issued to them.

However, with regards to accommodation and catering establish-ments in particular, at this point it must be noted that it may be necessary to check on a daily basis the KKM Decree declaring the mutual recognition of immunity certificates in the National Legisla-tion Database (https://njt.hu/).

The templates of the accepted foreign documents can be found on the official website of the Government (https://kormany.hu/).

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It is important that the operators and managers, as well as employees of accommodation and catering establishments and other recreatio-nal facilities, be familiar with accepted foreign immunity certificates. If police discover an unauthorised person during a potential inspec-tion, it will not constitute grounds for exemption that the operator, manager, or employee of said establishment believed the certificate presented by the person in question to be a recognised or accepted immunity certificate in Hungary.

To exercise the rights tied to protection, the person concerned may be called upon to present a valid immunity certificate. However, as the certificate bears no photographic identification, verification of the sta-tus of the person presenting it can only take place together with a valid form of photo ID (either ID card, driver’s license, or passport). Therefore, it is not enough to present only the immunity certificate, but also the ID document indicated thereon. In the case of an immunity certificate issued outside of Hungary, the ID card or travel documents of the fore-ign citizen in question may also be required.

The individual requesting the presentation of the immunity certifi-cate and the documents serving as proof of identity may read and confirm their contents, but that individual may not copy or record the content of the certificate or the documents in any way.

In the course of exercising the rights set out in the decree, persons between the ages of 6 and 18 shall prove their age (except where the fact of being a minor is obvious) by presenting an ID card, passport, driver’s license, or student card.

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Following the administration of the four-millionth first dose of the vaccine, the rules regarding accommodation and catering establis-hments will also offer more benefits, as the following persons may travel to Hungary without a quarantine obligation:

• Hungarian citizens who, upon crossing the border, verify their protection against the coronavirus by presenting the immu-nity certificate and the document serving as proof of identity indicated thereon, and

• persons arriving from a state whose immunity certificate is re-cognised by Hungary, the fact of which is declared in a decree issued by the Minister for Foreign Affairs in agreement with the Minister for Border Control, and who verify their protection against the coronavirus by presenting the immunity certificate against the coronavirus issued to them. In the course of the ve-rification of protection against the coronavirus, this person may also be required to present the document serving as proof of identity, or their travel document.

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RULES ON ATTENDING SPORTING AND CULTURAL EVENTS

Persons protected against the coronavirus, as well as persons under the age of 18 under their supervision, may participate in a sporting event as a spectator, as long as the scheduled ending time of the sporting event is 11 p.m. at the latest.

Persons protected against the coronavirus, as well as persons under the age of 18 under their supervision, may participate as a spectator in a cultural event, subject to an entry ticket.

The organiser of the sporting or cultural event, the operator or manager of the premises of the sporting or cultural event, and the employees of the organiser, operator or manager shall deny entry to persons unable to verify either their protection against the coronavirus or their age.

It is prohibited to be on the premises of a cultural event organised in the presence of spectators between 11 p.m. and 5 a.m., except for persons working there.

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Mask wearing rules at sporting and cultural events

The rules of wearing a mask for persons employed at sporting or cul-tural events (excluding competitors, sports professionals preparing for them, and performers) are to be determined by the organiser of the event in question (in the lack thereof, the manager of the event’s pre-mises). However, if the persons employed at sporting or cultural events do not verify their protection, then they shall wear a mask covering their nose and mouth at all times until the end of the event, and the organiser or manager may not prohibit the use of masks in general.

Persons protected against the coronavirus, as well as persons under the age of 18 under their supervision, are not obligated to wear masks when participating as a spectator at a sporting or cultural event.

Government decree may establish different rules for sporting events.

Music, dance events

It is prohibited to organise, hold, or be on the premises of a music or dance event, except for the performers and technical personnel of an event being streamed on-line.

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RULES APPLICABLE TO CATERING ESTABLISHMENTSMask wearing rules applicable to guests

THE NEW RULE ESTABLISHES EXCLUSIONS REGARDING MASK WEARING OBLIGATION, AS FOLLOWS:

• persons able to verify their protection against the coronavirus with an immunity certificate and persons under the age of 18 under their supervision are not obligated to wear a mask in the catering establishment between 5 a.m. and 11 p.m. while sitting at a table and, if the consumption of the food and/or drinks purchased at the catering establishment may take place not only at a table, du-ring the consumption of the food and/or drinks;

• guests of catering establishments are not obligated to wear masks in the garden or on the terraces of catering establishments.

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Mask wearing rules applicable to persons employed at catering establishments

MASK WEARING RULES APPLICABLE TO PERSONS EMPLOYED AT CATERING ESTABLISHMENTS SHALL BE DETERMINED BY THE MANAGER OF THE CATERING ESTABLISHMENT, TAKING INTO CONSIDERATION THE FOLLOWING:

• if persons employed at catering establishments do not verify the-ir protection against the coronavirus as set out in the decree (i.e., they do not present the immunity certificate), they shall wear a mask pursuant to the general rules (medical mask, health & safety mask, or a mask made of textile or other material worn in a way that covers the nose and mouth at all times), and

• the manager of the catering establishment may not prohibit the use of masks in general.

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Staying inside the catering establishment

Persons able to verify their protection against the coronavirus with an immunity certificate, as well as persons under the age of 18 un-der their supervision, may stay and consume the ordered food and drinks inside the catering establishment between 5 a.m. and 11 p.m.For persons not considered protected against the coronavirus, staying inside the catering establishment is only permitted for the time neces-sary for the purposes of serving and delivering take-away food, using the restrooms of the catering establishment and, if it is not feasible in the gar-den or on the terrace, for the payment of the bill. This must be done while wearing masks, and according to the restriction that it is not permitted to consume the food and/or drinks inside the catering establishment.

The law provides guidance to the operator or manager of the catering establishment and to the employees of the operator or manager if guests are unwilling to verify their protection against the coronavirus appropri-ately. In this case the operator or manager of the catering establishment and the employees of the operator or manager cannot allow persons who have not verified their protection, as well as persons under the age of 18 under their supervision, to stay inside the catering establishment, and shall simultaneously order them to leave. In case of non-compli-ance, the operator or the employee is entitled to notify the police.

Music, dance events

It is prohibited to organise or hold a music or dance event at the catering establishment.

Family or private events may be organised or held at a catering est-ablishment, if the number of those present at the same time does not exceed ten.

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RULES APPLICABLE TO ACCOMMODATION ESTABLISHMENTSRules for staying at accommodation establishments

Persons protected against the coronavirus, as well as persons under the age of 18 under their supervision, may stay at accommodation establishments.

The operator or manager of the accommodation establishment, or the employee of the operator or manager, must deny the check-in of per-sons who do not verify their protection against the coronavirus or their age, as set out in the decree. This rule shall not apply to: persons who come to the accommodation establishment for business, economic, or educational purposes; the personnel of the Hungarian Defence Forces and law enforcement agencies who are staying at the establishment in order to carry out official duties; and seconded healthcare professionals.

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Mask wearing rules applicable to guests

Guests are not obligated to wear masks at the accommodation establishment.

Mask wearing rules applicable to persons employed at accommodation establishments

Mask wearing rules applicable to persons employed at accommoda-tion establishments shall be determined by the manager of the estab-lishment. In the course of determining such rules, the manager of the establishment shall take into consideration that employees who do not verify their protection against coronavirus as set out in the decree (i.e., do not present the immunity certificate), shall wear a mask pur-suant to the general rules (medical mask, health & safety mask, or a mask made of textile or other material worn in a way that covers the nose and mouth at all times). It is an important rule that the manager of the establishment may not prohibit the use of masks in general.

Music, dance events

It is prohibited to organise or hold music or dance events at accom-modation establishments.

Family or private events may be organised or held at an accommoda-tion establishment if the number of those present at the same time does not exceed ten.

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Rules applicable to recreational facilities of accommodation establishments

Recreational facilities operating on the premises of accommodation establishments (an event held for the performance of any branches of the performing arts, regardless of its publicity [in particular theatre, dance, music, circus]; cinema; gym and fitness room; swimming pool; public bath; ice rink; zoo or wildlife park; adventure park or amuse-ment park; playhouse; museum institution or an institution providing public library services, an image and sound archive, a public culture institution, a community arena or an integrated cultural institution, as defined in the Act on Museum Institutions, Public Library Services and Public Culture) are permitted to admit persons protected against the coronavirus, as well as persons under the age of 18 under their supervi-sion, who are staying at the accommodation establishment.

Persons who come to the accommodation establishment for business, economic or educational purposes, personnel of the Hungarian Defen-ce Forces and law enforcement agencies who are staying at the estab-lishment in order to carry out official duties, and seconded healthcare professionals may only visit the above listed premises if they qualify as persons protected against the coronavirus.

If any of the above listed recreational facilities are operating at the ac-commodation establishment, the operator or manager of the establis-hment is obliged to ensure the compliance with protective measures of guests staying at the accommodation establishment.

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Rules applicable to recreational facilities not located at accommodation establishments, or those located at accommodation establishments but not used within the framework of the accommodation service.

If the recreational facilities are not located on the premises of an ac-commodation establishment, or if they are located there but are not intended to be used within the framework of the accommodation service, they, with the exception of the gym and fitness room, the swimming pool, and the ice rink, may be visited by persons protec-ted against the coronavirus, as well as persons under the age of 18 under their supervision.

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Rules applicable to recreational facilities not located at accommodation establishments, or those located at accommodation establishments but not used within the framework of the accommodation service

If the recreational facilities are not located on the premises of an accom-modation establishment, or if they are located there but are not intend-ed to be used within the framework of the accommodation service, they, with the exception of the gym and fitness room, the swimming pool, and the ice rink, may be visited by persons protected against the coro-navirus, as well as persons under the age of 18 under their supervision.

THE USE OF ICE RINKS, SWIMMING POOLS, GYM AND FITNESS ROOMS, AND SPORTS FACILITIES NOT LOCATED AT AN ACCOMMODATION ESTABLISHMENT, OR LOCATED AT AN ESTABLISHMENT BUT NOT USED FOR THE PURPOSES OF ACCOMMODATION, IS ONLY PERMITTED FOR THE FOLLOWING PERSONS:

• competitive athletes under the age of 18 and the sports professi-onal preparing them for the purpose of participating in training or a sporting event,

• persons protected against the coronavirus, or

• competitive athletes over the age of 18 and the sports professio-nal preparing them for the purpose of participating in training or a sporting event in accordance with the Act on Sport.

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Besides employees, persons participating in a training or sporting event, or preparing for a sporting event, are permitted to be at the location of ice rinks, swimming pools, gyms and fitness rooms, and sports facilities between 11 p.m. and 5.a.m. These include the following: competitive athletes under the age of 18 in accordance with the Act on Sport and the sports professional preparing them; competitive ath-letes over the age of 18 in accordance with the Act on Sport and the sports professional preparing them; persons protected against the co-ronavirus and the sports professional preparing them.

Any competitive athlete under the age of 18 visiting the ice rinks, swim-ming pools, gym and fitness rooms, or sports facilities shall verify their age and their status as a competitive athlete. The sports professional preparing them must also verify their status upon entry into the faci-lity. If either of them is unable to do so, they shall be denied entry to the ice rink, swimming pool, gym and fitness room, or sports facilities by the operator or manager, or by the employee of the operator or ma-nager, and prevented from entering the facility.

The operator or manager of recreational and sports facilities, or the employee of the operator or manager, shall deny entry to those who fail to verify their protection against the coronavirus with an official certificate, and shall prevent them from entering the facility. Similarly, they shall deny entry to those who fail to verify their age when attemp-ting to enter the facility as a person under the age of 18 under the su-pervision of a person protected against the coronavirus.

Any competitive athlete over the age of 18 visiting the ice rinks, swim-ming pools, gym and fitness rooms, or sports facilities shall verify their status as a competitive athlete upon entry into the facility. The sports professional preparing them must also verify their status upon entry into the facility. If either of them is unable to do so, they shall be denied entry to the ice rink, swimming pool, gym and fitness room, or sports facilities by the operator or manager, or by the employee of the opera-tor or manager, and prevented from entering the facility.

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If the operator or manager, or the employee of the manager or the operator, violates the terms of use and the unauthorised individual re-mains at the location, the police may impose a fine of between HUF 100,000 and HUF 1,000,000, and may temporarily close the place, area, facility, and location for at least a day, but for no longer than one year. The police may apply these legal consequences together, and the fine may be applicable in the course of several, consecutive controls executed on the same day.

The sanctions shall not be applicable if the operator or manager has undertaken the necessary measures for the elimination of the unlaw-ful situation, in particular if the unauthorised person has been called upon to leave the location, and if the police have been notified after the unauthorised person has failed to leave the location.

If the operator or manager fails to take all necessary measures for the elimination of the unlawful situation, or has taken them only in part, the police shall take into consideration any measures taken by the ope-rator during the application of the consequences.

The imposed fine shall be paid to the bank account disclosed on the official website of the police within 15 days following the resolution be-coming final. There is no appeal against the resolution imposing the fine.

Mask wearing rules applicable to persons employed at recreational facilities shall be determined by the manager of the recreational facili-ties. In the course of determining such rules the manager of the recre-ational facility shall take into consideration that employees who do not verify their protection against coronavirus as set out in the decree (i.e., do not present the immunity certificate), shall wear a mask pursuant to the general rules (medical mask, health & safety mask, or a mask made of textile or other material worn in a way that covers the nose and mouth at all times). It is an important rule that the manager of the recreational facility may not prohibit the use of masks in general.

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Persons protected against the coronavirus, as well as persons under the age of 18 under their supervision, are not obligated to wear masks at the recreational facilities, excluding the gym and fitness room, swim-ming pool, and ice rink. At the gym and fitness room, the swimming pool, the ice rink, and the sports facilities, the following persons are not obligated to wear masks: persons protected against the coronavirus; competitive athletes both under and over the age of 18 in accordance with the Act on Sport; and the sports professionals preparing them.

When the newly introduced legal provisions refers to visits, it shall al-ways mean the use of the services provided by the recreational facilities.The operator and manager of the above locations shall respect the protective measures for the recreational facilities.

The operator and manager of the above locations shall respect the protective measures for the recreational facilities.

WITH RESPECT TO THE ABOVE, THE FOLLOWING PERSONS MAY REMAIN AT THE ICE RINKS, SWIMMING POOLS, GYMS AND FITNESS ROOMS, AND SPORTS FACILITIES

• between 5 a.m. and 11 p.m.: those who verify their protection (having a Hungarian immunity certificate or having a recognised foreign immunity certificate)

• 24 hours a day: competitive athletes, regardless of their age, and the sports professionals preparing them, for the purpose of participating in a sport event or preparing for a sport event

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The consequences of the forgery and the unauthorized use of immunity certificates

The forgery and unauthorized use of the immunity certificate is consi-dered to be the same criminal offence as the forgery and unauthorized use of other documents (e.g. identification card, driving licence, etc.) and the punishment applicable in these cases shall be applicable aga-inst the person committing this offence.

THE RULE APPLICABLE TO THE PROCEDURES INITIATED DUE TO VIOLATIONS COMMITTED BEFORE 24TH OF APRIL 2021

Before 24th of April, i.e., before the introduction of the new phase of opening, the procedures initiated due to the violation of curfew, appearance at different events, operation of catering establishments, and operation of other recreational facilities shall be carried out in line with the regulations in effect before 24th of April, i.e., those which were in effect at the time the offence was committed, and therefore exemption shall not applicable based on the new rules.

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Regulation of casinos and card rooms

Besides the employees, only guests who are able to verify appropriate protection against the virus may stay in casinos and card rooms. Between 11 p.m. and 5 a.m., only employees may stay in casinos and card rooms, as these places shall be closed to visitors during this period.

The operator or manager of the casino or card room, or the employee of the operator or manager, shall deny entry to persons who fail to properly verify their protection, and shall prevent them from using the casino or card room.

The manager of the casino and card room shall determine the rules of mask wearing for the employees. However, employees who fail to verify their protection shall wear a mask at the areas and locations that may be visited by visitors of the casino and card room. Employees can-not be prohibited from voluntary use of masks.

The guests verifying their protection are not obligated to wear a mask in the casino and card room, but they may opt to wear a mask by personal choice. In case of a casino or card room as part of an accommodation establishment, there may be a case when the guest may use the accom-modation service without a recognised immunity certificate, e.g., in the case of a foreign guest staying for business, economic or educational purposes. In this case, the guest will be entitled to use the accommoda-tion service without the immunity certificate, but they may not use the services of the casino or card room, and they cannot enter these places. If the guest verifies their protection against coronavirus, then they may use the services of the establishment’s casino and card room.

Based on the above, those who can stay at the accommodation est-ablishment, and can verify their protection in line with the regula-tions, may enter into the casino or card room operated at the accom-modation establishment.

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Legal consequences

IF THE POLICE, BASED ON ITS CONTROL OR THE NOTIFICATION OF THE SOLDIER, BECOMES AWARE OF THE VIOLATION OF:

• the rules of staying at the accommodation establishment,• the rules of registering into the accommodation establishment,• the provisions for determining the rules of mask wearing for the

employees at the accommodation establishment,• the rules of the prohibition of organising and holding music and

dance events,• the limitation of organising and holding family events or private

events, and• the terms of visiting recreational facilities located at the accom-

modation

they are entitled to impose a fine of between HUF 200,000 and HUF 3,000,000, and to temporarily close the accommodation for at least 1 day, but for no longer than 1 year.

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FREQUENTLY ASKED QUESTIONS for the provisions applicable from the first day following the administration of the four-millionth first dose vaccine against COVID-19

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1. Whish legislation is applicable for the protective measures governing the operation of accommodation and catering establishments?

Government Decree no. 484/2020 (XI. 10.) on the second stage of protection measures applicable during the state of emer-gency (hereinafter: Government Decree no. 484/2020 (XI. 10.) contains the protective measures for the operation of the ac-commodation and catering establishments.

Government Decree no. 60/2021 (II. 12.) on the immunity cer-tificate against the coronavirus (hereinafter: Government Decree no. 60/2021 (II. 12.) contains the rules of the immunity certificate against coronavirus.

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ACCOMMODATION ESTABLISHMENTS

2. Do restrictions apply to all accommodation establishments?

Yes. The restrictions apply to all types of accommodation. Government Decree no. 239/2009 (X. 20.) on the detailed con-

ditions of pursuing an accommodation service and the order of issuing a licence for the operation of accommodation contains the types of accommodation.

3. How long will the restrictive measures in line with Government Decree no. 484/2020 (XI. 10.) be applicable?

The restrictive measures specified in Government Decree no. 484/2020 (XI. 10.) shall be applicable until the expiry date of the Government Decree no. 484/2020 (XI. 10.).

4. Which guests can stay at the accommodation establishment during the restriction period?

DURING THE RESTRICTION PERIOD, ONLY THE FOLLOWING GUESTS CAN STAY AT THE ACCOMMODATION ESTABLISHMENT:

• those who are protected against the coronavirus, as well as any person under the age of 18 under their supervision

• any guests staying for business, economic, or educational purpose• any personnel of the Hungarian Defence Forces and law enforce-

ment agencies who are staying at the establishment in order to carry out official duties, as well as seconded healthcare workers.

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5. How can I prove that the guest is staying at the accommodation establishment for business, economic or educational purpose?

It may be practical to ask the guest to justify the business, eco-nomic or educational purpose of their stay at the accommoda-tion establishment, and in case of the personnel of the Hunga-rian Defence Forces, law enforcement agencies, and healthcare workers, to justify the fact that they wish to stay for the purpose of carrying out their official duties. The certificate may be accep-table in a documentary form in a way to be applicable to confirm the mentioned purpose. As the certificate is for the accommoda-tion, it may be practical for the accommodation service provi-der to retain the original document issued for the justification of the lawful use of the accommodation for at least the period during which the guest stays at the accommodation, and there-fore for the period the control of its lawfulness may be expected.

6. Are guests staying for business, economic or educational purposes allowed to stay in groups, or does this only apply to individuals?

Government Decree no. 484/2020 (XI. 10.) does not contain any restrictions in the case of a stay for business, economic or educa-tional purposes, i.e., that groups cannot stay at the accommoda-tion establishment.

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7. Is it mandatory to check whether the guest has protection against the coronavirus? If yes, what is the procedure for this?

Yes, but only if the guest is not staying for business, economic, or educational purposes, is not a member of the personnel of the Hungarian Defence Forces and law enforcement agencies who is staying at the establishment in order to carry out official duties, and is not a seconded healthcare worker.

Provided that the guest does not stay for the above purposes, the guest may only stay at the accommodation establishment if they are considered to be a person protected against the coronavirus, or a person under the age of 18 under the supervision of such a person. For the verification thereof, the guest may be called upon to present their immunity certificate in order to verify their immu-nity. During the verification of immunity, the person concerned may be required to present the official document confirming their identity, as indicated on the immunity certificate. The age of the person 6 and 18 years old may be verified with an identification card, passport, driving licence, or student card. If the fact of being a minor is obvious, the verification of the age of the person under the age of eighteen may be omitted.

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The body or person verifying the status or the age of the person concerned may read the data on the official certificate and iden-tity document, but shall not record those data in any way. The data storage code (QR code) on the immunity certificate may be scan-ned by any smart phone, therefore the identity of the holder of the certificate and the validity of the immunity certificate may be clear based on the scanned data.

The presentation of the immunity certificate is not a condition for staying at the accommodation if the guest is staying for business, economic or educational purpose, or if the guest is member of the personnel of the Hungarian Defence Forces or law enforce-ment agencies who is staying at the establishment in order to car-ry out official duties, or seconded healthcare workers. The guests in these categories are only entitled to use the wellness facilities (swimming pool, spa, gym and fitness room, etc.) of the accom-modation establishment if they are considered to be a person protected against the coronavirus. In order to verify this, they may be called upon to present a recognised immunity certificate. In the case of foreign guests, an immunity certificate issued by a state whose certificate is recognised by Hungary, as declared in a decree issued by the Minister for Foreign Affairs in agreement with the Minister for Border Control, is accepted to verify protection.

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8. How can we welcome foreign guests? Government Decree no. 194/2021 (IV. 26.) contains the provisions on the immunity certificate which are required in the case of Hungarian guests.

Foreign guests may also have a certificate for the purpose of business, but what is the protocol if they wish to present a vaccination certificate? Can we accept it?

The person protected against the coronavirus, and the person under the age of 18 under their supervision, may stay at the ac-commodation establishments. If a foreign citizen arriving at the establishment holds and presents an immunity certificate issued by a state whose immunity certificate is recognised by Hungary, as declared in a decree issued by the Minister for Foreign Affairs in agreement with the Minister for Border Control, then this person can stay at the establishment. A person under the age of 18 under the supervision of a foreign citizen with a recognised immunity certificate may also stay at the establishment.

A foreign citizen who has arrived for business purposes may also stay at the establishment.

9. The guest’s first vaccination has been given, but the vaccination card has not yet been delivered by post. Is the vaccination certificate acceptable?

The vaccination certificate cannot be used in the place of the immunity certificate. Those who have not yet received their certificate may flag it up on the website of Magyarorszag.hu through their own citizen portal (in Hungarian: Ügyfélkapu), or in person at the competent Government Office, or through the e-mail address of [email protected]

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10. Can we accept a guest who has had Covid-19, has had a final report thereon, however has not received the vaccination card?

The final report cannot be used in the place of the immunity certificate. Those who have not received their certificate yet, may flag it up on the website of Magyarorszag.hu via their own citizen portal (in Hungarian: Ügyfélkapu) or in person at the competent Government Office, or via the email address of [email protected].

11. What can be done if the guest does not have a Hungarian immunity certificate or a recognised foreign immunity certificate, and they do not wish to stay for business, economic, or educational purpose, or as a member of personnel of the Hungarian Defence Forces, law enforcement

agencies, or seconded healthcare workers who are staying at the establishment in order to carry out their official duties?

In this case, the operator or manager of the accommodation establishment shall deny the check-in of the guest at the est-ablishment.

12. What can be done if the person concerned refuses to leave the establishment in the above case?

If the person concerned in the above case refuses to leave the est-ablishment, the accommodation service provider may request the assistance of the police.

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13. 13. What are my options in connection with active bookings for the affected period, where the guests indicate in advance that they do not have a Hungarian immunity certificate or a recognised foreign immunity certificate, that the planned stay is not for business, economic, or educational purpose, and that they are not members of the personal of the

Hungarian Defence Forces, the law enforcement agencies, or seconded healthcare workers who are staying in the establishment in order to carry out official duties? IN THIS CASE, YOU HAVE THE FOLLOWING OPTIONS IN CONNECTION WITH THE BOOKING:

• The guest shall be made aware that they will be required to present a recognised immunity certificate upon arrival in order to stay at the establishment, and that it may therefore be obtai-ned before the planned stay

• Booking modification to a future date• Booking modification without a determined date• Cancellation of the booking

14. Is it possible to accommodate workers during the restriction period?

Staying in order to carry out work is considered an economic purpose. If this can be verified by the guest in question, then their stay is permitted at the establishment.

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15. Do the restrictions apply to contactless accommodation establishments? (Where there are no members of staff and the owner is not present.)

The restrictions shall be applicable to all accommodation types, regardless of category or operational method.

Government Decree 484/2020 (XI. 10.) extends the protective measures to all accommodation service providers, regardless of whether any person stays there besides the guests. Pursuant to Government Decree 484/2020 (XI.10.), the only persons permit-ted to stay at the accommodation establishment are the fol-lowing: a person protected against the coronavirus, as well as a person under the age of 18 under their supervision; any person staying for business, economic or educational purposes; or any person who is a member of personnel of the Hungarian Defen-ce Forces or law enforcement agencies who is staying at the establishment in order to carry out official duties, as well as se-conded healthcare workers.

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16. Can the wellness areas of the accommodation establishment be opened? Which guests can use the wellness areas of the establishment?

The wellness areas of the establishment can be opened in accordance with the rules set out in Government Decree no. 484/2020. (XI. 10.). The on-site wellness areas (swimming pool, spa, gym, fitness rooms, etc.) may only be opened to guests who are considered to be protected against the coronavirus. For this purpose, the operator or manager of the establishment shall ensure that the premises offering such services are only visited by persons who are considered to be protected against the coronavirus. In order to verify this, guests may be required to present their immunity certificate. During the verification of immunity, the person concerned may be required to present the official document confirming their identity, as indicated on the immunity certificate. The body or person verifying the status or the age of the person concerned may read the data on the official certificate and identity document, but shall not record those data in any way.

17. What are the rules for wearing a mask at the accommodation establishment?

A person staying at the accommodation establishment as a guest is not required to wear a mask. However, employees who fail to verify their protection against the coronavirus shall wear a mask in all areas and locations of the establishment used by guests, and the establishment may not prohibit the use of masks in general.

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18. Is it possible to organise an event at the accommodation establishment during the restriction period?

It is prohibited to organise or hold a music or dance event at the establishment. A family event or a private event can be organised or held at the establishment if the number of those present at the same time does not exceed ten.

19. Can the guests staying at the accommodation establishment hold a business meeting?

If the guests are staying legally at the establishment, gatherings that are considered to be private events may be held if the num-ber of those present at the same time does not exceed ten.

20. If guests come for educational training, can the training be held on site or does it qualify as an event?

Educational activities organised at establishments usually take place in the context of conferences, which currently cannot be held due to the general prohibition of the organisation and hol-ding of events. Based on this, educational events cannot be held.

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21. What are the rules on curfew?

The curfew applies to the period between midnight and 5 a.m. Du-ring this period, everyone is obliged to stay at their place of domi-cile, place of residence, or temporary accommodation establish-ment. The curfew does not apply to the following situations: where there is a risk of damage to health, danger to life, or serious harm; for the protection of life; or for work purposes, including being in a public area due to the commute from a place of domicile, place of residence, or temporary accommodation to work, or vice versa. In the case of travel to and from the workplace, the person con-cerned shall be in possession of an official certificate, a sample of which can be downloaded from the official government website:

https://kormany.hu/hirek/kijarasi-tilalomrol-szolo-igazolas

22. In the case of the obligation to stay at the accommodation establishment between midnight and 5 a.m., is the guest is obliged to stay in their room after midnight, or is the obligation to stay at the establishment fulfilled by being on the premises, even if the guest is not in their room?

The hotel guest is not in violation of the curfew restrictions when staying on accommodation premises that are legally available to guests between midnight and 5 a.m.

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CATERING ESTABLISHMENTS

1. What are the rules for opening hours of catering establishments?

Guests can stay at catering establishments, or on the terrace or garden thereof, between 5 a.m. and 11 p.m. There are no restric-tions for persons employed by the catering establishment in the catering establishment.

2. What are the rules for wearing a mask at the catering establishment?

RULES FOR GUESTS: • Wearing a mask in the garden or terrace of a catering establish-

ment is not mandatory• Wearing a mask inside a catering establishment when sitting at

the table of the catering establishment is not mandatory for per-sons holding a recognised immunity certificate, as well as per-sons under 18 under their supervision. If the food and/or drink is not consumed at a table, the mask can only be removed while the food or drink is being consumed

• A person without a recognised immunity certificate may stay within the catering establishment exclusively for the purpose of serving and delivering food, using the restroom of the catering establishment or, if it is not feasible in the garden or on the terra-ce, to pay the bill. Wearing a mask is mandatory in this case.

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These restrictions do not apply to workplace restaurants or buffets, to restaurants or bars located at accommodation establishments (so long as only guests of the accommodation establishment are served there), to canteens and buffets of educational institutions (so long as only the employees or students of the educational institution are served there), and to restaurants or buffets located at the health care facility.

These restrictions do not apply to the workplace restaurant or buffet, the restaurant or bar located at the accommodation, to the extent only the guests of the accommodation are served there, the canteen and buffet of the educational institution, to the extent only the employees or students of the educational institution are served there, as well as the restaurant or buffet located at the health care facility. RULES FOR EMPLOYEES OF THE CATERING ESTABLISHMENT:Mask wearing rules that are applicable to persons employed at catering establishments shall be determined by the manager of the catering est-ablishment. Employees who do not verify their protection against the coronavirus, as set out in the decree (i.e, they do not present the im-munity certificate), must wear a mask throughout the entire catering establishment (including the terrace, garden etc.), regardless of whether they come into contact with guests or not. The manager of the catering establishment shall not prohibit employees from using masks.

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3. Can a person age 16-17 sit in a restaurant with an 18-year-old who has presented a recognised immunity certificate (or even a 20-year-old)? Or should it be only their parent, guardian, or family member?

If the minor(s) arrive(s) accompanied by an adult with an immunity certificate, they may sit in the restaurant.

4. Should we separate the protected and those who do not have an immunity certificate when having breakfast in the restaurant?

A person without an immunity certificate may stay within the catering establishment exclusively for the purpose of serving and delivering food, using the restroom of the catering establis-hment or, if this is not possible in the garden or on the terrace, to pay the bill. They may also only consume food and drink on the terrace or in the garden, so there is no need to separate immune and non-immune persons.

5. What are the rules for holding events at the catering establishments?

It is prohibited to organise or hold a music or dance event at a catering establishment. A family event or a private event may be organised or held if the number of those present at the same time does not exceed ten.

6. Is the service of home delivery for food allowed?

Yes, the home delivery service is allowed.

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7. Can foreign guests stay inside the catering establishments, if they can prove that they have been vaccinated?

If the foreign citizen entering the catering establishment holds and presents a certificate issued by a state whose immunity cer-tificate is recognised by Hungary, the fact of which is declared in a decree issued by the Minister for Foreign Affairs in agreement with the Minister for Border Control, then this person can stay insi-de the catering establishment, together with any person under the age of 18 under their supervision.

In this case, consumption inside the catering establishment is al-lowed, and wearing a mask is not mandatory while sitting at the table, or only during the consumption of food and/or drinks if the food and/or drinks purchased may be consumed somewhere other than at a table. If the foreign citizen is unable to present a recognised certificate of immunity at the catering establishment, they may stay in the garden or terrace of the catering establish-ment without wearing a mask, but they may only enter the cate-ring establishment if wearing a mask. They may enter exclusively for the purpose of serving and delivering food, using the restroom of the catering establishment or, if it is not feasible in the garden or on the terrace, to pay the bill.

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8. How do guests need to prove immunity, and what ID documents can be requested?

• Any guest may be called upon to present an immunity certifica-te if they wish to use a service that can be used exclusively with said certificate

• When proving immunity against the coronavirus, the guest may be required to present their identity document as indicated on the immunity certificate, and guests with a certificate of immu-nity issued outside of Hungary may be requested to present their identity card or travel document

• A person who is over the age of 6 but under the age of 18 may be required to prove their age by means of an identity card, passport, driving license, or student card

• Verification of the age of a person under the age of 18 may be omitted if the fact of being a minor is obvious

The body or person verifying the status or the age of the person con-cerned may read the data on the official certificate and identity docu-ment, but shall not record those data in any way.

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9. Can the employer oblige (or how can employers) oblige emp-loyees to have an immunity certificate?

Coronavirus vaccination has not been made mandatory in any job or for anyone. Thus, according to law, vaccination today is voluntary for all employees, including those working in catering establishments.

10. If all participants at a wedding over the age of 18 have an immunity certificate and they are also hotel guests, they can dine in the restaurant or on the terrace. Can a wedding then be held? The only thing is not to dance?

Distinction shall be made between marriage as a ceremony and the wedding lunch, dinner or party which usually follows it (hereinafter referred to as: “wedding event”). Government. Decree no. 194/2021 (IV.26.) upholds the restrictions contained in Government. Decree no. 484/2020. (XI. 10.) on private and family events, so private events can still be held only in a small family group, with a maximum of 10 people. Thus, regardless of the venue of the event, a wedding event of up to 10 people can be held, in compliance with the epidemiological regulations. Music and dance events are still prohibited.

THE FOLLOWING PERSONS MAY BE PRESENT AT THE MARRIAGE:

a) the person conducting the ceremony or the registrar, b) the spouses, c) witnesses of the spouses, d) the parents and grandparents, e) the brothers and sisters of the spouses; and f) the children of the spouses.

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11. Can music or dance events be held outdoors for wedding guests with an immunity certificate?

Music or dance events are still prohibited. In the case of a wedding, a distinction shall be made between marriage as a ceremony and the wedding lunch, dinner, or party that usually follows it. Wed-ding events can be held for up to 10 people, regardless of venue.

12. 12. On the terrace of a restaurant, can 40-50 guests (who are celebrating a wedding) have dinner together, with music and a schedule? They just cannot dance? A private event or wedding can only be held in a small group, with a

maximum of 10 people. Music and dance events are still prohibited.

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PREPARED BY: Hungarian Tourism Agency

Date of closure of manuscript: 30 April 2021