the Government has adopted the following measures to ease the outdoor access ban in general and specifically in respect to Budapest (earlier than expected). Furthermore, a decision has been made concerning the outdoor events and specific rules on the travel service contracts prevailing during the term of the emergency situation, as follows:
I. The operation of schools
- The operation schedule of schools, supervision of students
According to the Government Decree published the Hungarian Official Gazette on 22 May 2020 the schools shall continue to operate in the entire territory of the country pursuant to the rules of the out-of-the-classroom, digital curriculum between 2 June 2020 and 15 June 2020 (with the exception defined hereunder); however, in order to catch up, school classes may be organized for individual students or small group of students, based on the experiences of the digital curriculum.
Between 2 June 2020 and 26 June 2020, elementary and high schools shall organize the supervision of the students, providing daycare, study circle, sports classes, catching up classes for individual students or a small group of students, development classes, talent development classes for individuals or small group of students. If the student’s school and the student’s place of residence are in different settlements and the student is not able to use the supervision services of his/her school, the school located in the student’s place of residence may not reject the student’s request for supervision.
In respect of the school year after 2 June 2020, the operation schedule (daily or evening classes or out-of-the-classroom, digital education) of the schools performing vocational education shall be determined by the director.
- Child catering
Child catering shall be provided in the schools in line with the rules applicable to the school year, until 26 June 2020. For students who do not require supervision in the school, catering shall be provided in line with the rules applicable to school holiday periods.
- Data Provision
The schools shall provide data on the number of children requesting supervision in schools on a daily basis, using the Köznevelés Információs Rendszere (KIR, Public Education Information System) operated by Oktatási Hivatal (Education Office). The data provision shall comply with the requirements of the KIR system.
II. Further easement of restrictions in Budapest
The Government has introduced further measures to ease the restrictions in Budapest, earlier than expected. According to the Government Decree published in Magyar Közlöny (the Hungarian Official Gazette) on 27 May 2020, the Government’s earlier measures are applicable from 29 May 2020 considering the amendments introduced in the latest decision referred to hereinabove.
- Protective measures applicable by catering establishments
It is allowed to stay and consume the ordered food and drink in the inner (closed) premises of catering establishments (in particular, restaurants, coffee shops, candy stores, buffets, and coffee-bars) obeying the following rules:
the employees of the establishment present (when being in the premises open for consumers) shall wear a protective tool covering the mouth and nose (like medical mask, scarf, shawl) and observe the 1.5 meters protective distance.
- Provisions concerning playgrounds
Open-air playgrounds are allowed to be open and visited by guests.
- Protective measures applicable by accommodation establishments
The accommodation establishments under the scope of the Act on Commerce are allowed to welcome guests, and the guests may stay there. To catering premises operated in accommodation establishments, the provisions concerning the catering establishments shall apply.
III. Outdoor events
The Government has adopted the following rules concerning the outdoor events, applicable in the entire territory of the country from 28 May 2020 (included in the Government decree published in the Hungarian Official Gazette on 27 May 2020).
- Scope of the Decree
From the scope of the Decree, the following are excluded:
(a) the liturgies of religious communities,
(b) civil wedding ceremonies,
(e) family events,
(f) outdoor museum,
(g) the zoo.
- General Provisions
The outdoor event may take place and the guests may attend at the event, provided that the organizer
provides for compliance with the conditions set forth in the respective laws and the Decree.
Outdoor sports events may be held with the participation of viewers. (For the purposes of the Decree, the outdoor event shall mean any event that is held entirely out of premises bordered with four walls and roofing.)
For the purposes of the Decree, the event shall mean sports events, and
(a) theater performance,
(d) fine art exhibition held out of museums,
(e) literary and book trading events,
(f) events organized by public collections, public education institutions, and public scenes,
[the events listed in point (a)-(f) hereinafter jointly referred to as cultural events].
- Rules concerning national parks
The outdoor exhibition facilities operated by the national park directorates under the act on the protection of nature (hereinafter referred to as the exhibition facilities) are allowed to be opened for visitors. The visitors are obliged to keep a distance of at least 1.5 metres from every other person, if possible. The head of the national park directorate operating the given outdoor exhibition facility shall provide for the development of an operation schedule that allows the observance of the protective distance.
- General rules concerning the cultural and sport events
If the viewer’s area of the outdoor event is furnished with seats, the visitors shall observe the following rules (except for the boxes):
(a) they may occupy every fourth seat only, three seats between two visitors shall be left unoccupied; and
(b) they may not occupy the seats directly behind each other, and 1.5 metres protective distance shall be kept between the visitors sitting in the same row as well as the visitors sitting behind each other.
During the outdoor event, even if not sitting in the viewer’s area, the visitors shall keep the protective distance, in particular
(a) in the boxes,
(b) during the break in the outdoor event,
(c) in the entire area of the outdoor event and in catering establishments located in the area of the outdoor event, and
(d) at the outdoor event where seats are not placed.
The organizer of the event shall provide for the conditions that allow the observation of the protective measures defined in the Decree. The organizer shall take the necessary steps for the removal of the visitor from the outdoor event, who failed to comply with the protective measures defined in the Decree.
- The prohibition to attend certain outdoor activities
Regardless of its outdoor-nature, the attendance at outdoor events involving music and dancing is prohibited. (For the purposes of the Decree, events involving music and dancing shall mean regular or individual events, held for the purpose of presentation of musical records or provision of live music services as main service (including festival, popular music concert, dance club, dance, disco, rock club), the attendance at which does not require the acquisition of a ticket for a specific seat.)
IV. Special rules concerning the travel service contracts during the term of the emergency situation
Between 28 May 2020 and 31 August 2020, in the case of the termination of a contract under section 21 (3) and (4) of Government Decree No. 472/2017 (XII.28.) on the Contracts Concerning Travel Services, in Particular to Travel Packages and Joint Travel Services (hereinafter referred to as the Travel Decree), Section 21 (5) shall be applied considering the diversions from the general rules set forth in Government Decree No. 242/2020 (V.27.), published in the Hungarian Official Gazette on 27 May 2020, if the termination is a result of the coronavirus pandemic or if the performance of the contract concerning travel services is rendered impossible due to the coronavirus pandemic in line with Section 6:179 (1) of Act V of 2013 on the Civil Code.
If the contract is terminated as described hereinabove, instead of the repayment of the fee or advance paid for the travel package, the tour operator shall issue a voucher.
If the tour operator issues a voucher, the traveler may make a statement on the acceptance thereof within 15 (fifteen) days.
If the traveler rejects the voucher or fails to make a statement within the above deadline, the fee or advance paid by him/her shall be repaid pursuant to the provisions of the Travel Decree.
The traveler may not suffer financial or other damages as a result of the issue or the use of the voucher.
If the traveler fails to use the voucher within the validity period thereof (until 31 August 2021), the tour operator shall repay to the traveler the amount indicated on the voucher within 14 (fourteen) days.
The traveler and the tour operator may agree on the extension of the validity period of the voucher. In this case, the tour operator shall issue a new voucher.
The voucher issued under the Travel Decree shall meet the following requirements:
(a) the name of the tour operator shall be indicated thereon,
(b) it shall indicate the full amount paid already by the traveler,
(c) the tour operator may not charge additional fees or charges for the issue of the voucher,
(d) the voucher shall be valid until 31 August 2021,
(e) the voucher shall clearly indicate that it allows the use of a travel package,
(f) the voucher shall clearly indicate that the reason for the issue thereof is the pandemic,
(g) the voucher shall include information concerning the traveler’s rights,
(h) if requested by the traveler, the voucher shall be issued and sent in an electronic form.
For the purposes of the Government Decree No. 213/1996 (XII.23.) on Tour Operator’s and Travel Agent’s Activity
in respect of the financial coverage, the voucher issued by the tour operator in line with the above shall qualify as advance or participation fee paid by the traveler for the travel package.
The above shall apply to the termination of the contract under Section 9(1) of the Travel Decree.
The voucher issued in line with the above may only be transferred to a close relative (as defined in the Civil Code).
The tour operator shall keep a record of the vouchers issued, including
(a) the value of the voucher,
b) the voucher-holders’
(ba) personal identification data or
(bb) the name and corporate reg. no. of the legal person holder.
The financial coverage defined in Section 6/F(2)(d) of Act CLXIV of 2005 on Commerce shall cover the amount satisfactory for the repayment of the vouchers issued under the decree in the case of the insolvency of the tour operator.