Act CLVI of 2016 on State Functions Pertaining to the Development of Tourism Regions lays the legal foundation for scanning documents and storing their data in the VIZA system. The Act also specifies the obligations in connection with data processing: “In the course of operation, tourist hosting providers shall ensure the preservation and secure management of data entered into the data repository, the protection of non-public data, and the fulfilment of obligations related to confidentiality”. As data controller, the accommodation provider shall be required to have his own privacy policy.
The accommodation provider is required by law to scan the data on a photographic ID suitable for establishing identity when the guest arrives, using an ID scanner, then using the Property Management System, the data are recorded in the repository provided by the hosting provider specified by the Government in a decree. Section 34 (1) of Government Decree 414/2015 of 23 December on the rules for issuing identity cards and on the uniform recording of likenesses and signatures requires guests to present an identity card to the accommodation provider: “Hungarian citizens, immigrants, permanent residents, refugees and persons with protected status shall be required to hold a valid identity card, to keep it save and to present it in the cases and in the manner specified by law, when requested to do so. On expiry of the identity card, if it is withdrawn, if eligibility ends, or a new permanent identity card is issued, the identity card must be handed in to the authority authorised to receive it”.
For guests younger than 14, the accommodation provider may record the above data on the basis of data provided by the guest’s representative (e.g. parent, guardian).
According to Section 9/H (2) of Act CLVI of 2016 on State Functions Pertaining to the Development of Tourism Regions, the user of an accommodation service shall present the document defined under paragraph (1)(b) to the accommodation provider for the purpose of recording the data. If the document is not presented, the accommodation provider shall refuse to provide the accommodation service.
For guests younger than 14, the accommodation provider may record the above data on the basis of data provided by the guest’s representative (e.g. parent, guardian).
The accommodation service is provided on the basis of a civil law agreement entered into between the accommodation provider and the guest. If the guest fails to present documents to the accommodation provider, the provider is required to refuse to provide the accommodation service; the accommodation provider is not given the option of acting at his own discretion. In this case, it is the guest who fails to fulfil his obligations stemming from the agreement. In this case, therefore, if the guest fails to present the required identity documents, the general rules on a breach of contract or the rules on the cancellation of a booking shall apply. The parties come to a mutual agreement on the rules pertaining to cancellation (the proportion of the price for the service to be paid by the guest) according to the rules of civil law (e.g. as part of the general terms and conditions).
The guest is required to present the identity document to the accommodation provider. This can take place at another location, however, for example if the accommodation provider hands over the key to the accommodation at a location other than the accommodation.
In addition, the accommodation provider may give guests the option of scanning the personal data required by law from their identity cards by themselves, remotely and digitally using the property management system.
The accommodation provider is still responsible for checking the data provided by the guest, before forwarding the data to the VIZA system. Accordingly, with regard to the data provided remotely, the accommodation provider shall check the identity of the guest, and the veracity of the data recorded in advance, at the latest on arrival of the guest. The check may also be done before the guest arrives, either by video call or by using a digital image providing proof of identity.
The ID scanner must be used to record the data in the Property Management System when the documents are presented.
In addition, the accommodation provider may give guests the option of scanning the personal data required by law from their identity cards by themselves, remotely and digitally using the property management system.
The accommodation provider is still responsible for checking the data provided by the guest, before forwarding the data to the VIZA system. Accordingly, with regard to the data provided remotely, the accommodation provider shall check the identity of the guest, and the veracity of the data recorded in advance, at the latest on arrival of the guest. The check may also be done before the guest arrives, either by video call or by using a digital image providing proof of identity.
The law only requires that statistical data be supplied to the National Tourism Data Supply Centre (NTDSC). This means that only statistical and turnover data pertaining to guests as recorded in the Property Management System by the accommodation provider must be recorded and submitted to the NTDSC. The NTDSC will not obtain any personal data. The VIZA system is entirely separate from the NTDSC. The personal data that the accommodation provider records in the Property Management System using the ID scanner are entered into the VIZA system in an encrypted manner. The NTDSC and VIZA are two independent systems that are connected to the Property Management System by two entirely separate IT channels.
As the law does not differentiate between the users of accommodation services based on citizenship, the data of all guests over the age of 14 staying in Hungarian accommodation must be recorded in the Property Management System using an ID scanner from a document suitable for establishing personal identity.
For guests younger than 14, the accommodation provider may record the above data on the basis of data provided by the guest’s representative (e.g. parent, guardian).
The ID scanner used to scan the documents must be compatible with a Property Management System that is certified by the tourism hosting provider as capable of forwarding data to the VIZA system. Of the products available on the market, the ID scanner chosen should be able to recognise all passport types. The free VENDÉGEM software’s ID scanning module supports the scanning of Hungarian and European identity cards, driving licences and passports, as well as the passports of guests from third countries.
As a general rule, the accommodation provider may record the data in the Property Management System using an ID scanner, which requires guests over the age of 14 to present an identity document. Otherwise, the accommodation provider shall refuse to provide the accommodation service. The accommodation provider is not required to proceed in person, for example, he may instruct an employee or agent to scan the necessary IDs; the accommodation provider is responsible and liable for organising this.
In addtion, the accommodation provider may give guests the option of scanning the personal data required by law from their identity cards by themselves, remotely and digitally using the property management system.
The accommodation provider is still responsible for checking the data provided by the guest, before forwarding the data to the VIZA system. Accordingly, with regard to the data provided remotely, the accommodation provider shall check the identity of the guest, and the veracity of the data recorded in advance, at the latest on arrival of the guest. The check may also be done before the guest arrives, either by video call or byusing a digital image proving proof of identity.
The commercial authority with regional competence checks the connection to the VIZA system, and thus the data forwarding.
As a general rule, the accommodation provider may record the data in the Property Management System using an ID scanner. This requires guests over the age of 14 to present an identity document. Otherwise, the accommodation provider shall refuse to provide the accommodation service. The accommodation provider is not required to proceed in person, for example, he may instruct an employee or agent to scan the necessary IDs; the accommodation provider is responsible and liable for organising this. This can be done in other locations too, for example if the accommodation provider hands over the key at a location other than the accommodation.
In addition, the accommodation provider may give guests the option of scanning the personal data required by law from their identity cards by themselves, remotely and digitally using the property management system.
The accommodation provider is still responsible for checking the data provided by the guest, before forwarding the data to the VIZA system. Accordingly, with regard to the data provided remotely, the accommodation provider shall check the identity of the guest, and the veracity of the data recorded in advance, at the latest on arrival of the guest. The check may also be done before the guest arrives, either by video call or by using a digital image providing proof of identity.
The commercial authority with regional competence checks the connection to the VIZA system, and thus the data forwarding.
You should contact the company which you purchased the ID scanner from, or the manufacturer or distributor of the Property Management System. If you are having trouble with the VENDÉGEM (My Guest) application, or have any questions about it, call customer service at +36-1-550-1855 or write to the turisztika@1818.hu e-mail address.
No, expired documents are not able to identify guests. Under Section 9/H (1) (b) of the Tourism Act, the user of an accommodation service is required to present the accommodation provider with a document suitable for establishing their identity for the purpose of recording the data, and the given person can only be identified on the basis of a valid document. Under Act LXVI of 1992 on Keeping Records on the Personal Data and Addresses of Citizens, expired documents are not valid.
Under Act LXVI of 1992 on Keeping Records on the Personal Data and Addresses of Citizens, the identity card is invalid if
For guests younger than 14, the accommodation provider may record the above data on the basis of data provided by the guest’s representative (e.g. parent, guardian).
According to Section 9/H (2) of Act CLVI of 2016 on State Functions Pertaining to the Development of Tourism Regions, the user of an accommodation service shall present the document under paragraph (1)(b) to the accommodation provider for the purpose of recording the data.
For guests younger than 14, the accommodation provider may record the above data on the basis of data provided by the guest’s representative (e.g. parent, guardian).
If the documents are not presented, the accommodation provider shall refuse to provide the accommodation service. The accommodation service is provided on the basis of a civil law agreement entered into between the accommodation provider and the guest. If the guest fails to present documents to the accommodation provider, the provider is required to refuse to provide the accommodation service; the accommodation provider is not given the option to act at his own discretion. In this case, it is the guest who fails to fulfil his obligations stemming from the agreement. According to the legal position of the HTA, this case is equivalent to the guest failing to appear at the accommodation at the start of the service. Thus, if the guest fails to present the required identity documents, the general rules for a breach of contract or for the cancellation of a booking may be applied. The parties agree on the rules pertaining to cancellation (the proportion of the price for the service payable by the guest) according to the rules of civil law (e.g. as part of the general terms and conditions).