Allgemeine Geschäftsbedingungen für die Inanspruchnahme von Beherbergungsleistungen (im Folgenden auch "Bedingungen" oder einfach "AGB" genannt)
HOTEL KAMZÍK s.r.o.
Firmensitz: Brünn, Pisárky, Kalvodova 121/23, Postleitzahl 60200
Registriert im Handelsregister des Regionalgerichts Brünn, Abteilung C, Eintrag 71284
Definition der Begriffe
Bedingungen bezeichnet dieses Dokument, das von seiner Natur her Geschäftsbedingungen im Sinne von § 1751 des Gesetzes Nr. 89/2012 Slg., Bürgerliches Gesetzbuch, in der geänderten Fassung (nachfolgend auch als „BGB“ oder „NOZ“ bezeichnet) darstellt.
Zwecks dieser Geschäftsbedingungen ist der Beherberger das Geschäftsunternehmen HOTEL KAMZÍK s.r.o., Identifikationsnummer: 29288410, mit Firmensitz in Brünn, Pisárky, Kalvodova 121/23, Postleitzahl 60200, registriert im Handelsregister des Regionalgerichts Brünn, Abteilung C, Akte 71284. Der Beherberger ist der Betreiber der Villa Prag in Prag, Hlubočepy, Pod Habrovou 490/Postleitzahl 15200.
Zwecks dieser Geschäftsbedingungen bedeutet ein Hotel eine Unterkunftseinrichtung – Villa Prag.
Als Gast oder Unterkunft wird eine natürliche oder juristische Person verstanden, mit der der Beherbergungsanbieter einen Unterkunftsvertrag abschließt.
Eine begleitende Person ist eine natürliche Person
III. Conclusion of the accommodation contract
- The Guest is entitled to request accommodation or other services provided by the Accommodation Provider in person, by telephone, via e-mail or in another verbal or written form, through the Accommodation Provider’s online reservation system located on the website https://www.secure-hotel-booking .com/smart/Vila-Prag/JSL4/cs/. In the event that an obviously unreasonable amount of payment (price) for accommodation services is generated when making a reservation through the Accommodation Provider’s online reservation system, or all services provided by the Accommodation Provider in comparison with the price list published on the Accommodation Provider’s website and if this is not a discount provided by the Accommodation Provider or another agreement between the Guest and the Accommodation Provider, the Accommodation Provider is not obliged to provide the Guest with accommodation services, or all services provided by the Host. If the Guest still insists on the provision of accommodation services, the contracting parties expressly agree that in this case the exact amount of payment for accommodation services, or all services provided by the Host used the price indicated in the price list published on the Host’s website.
- Contract concluded in the presence of the contracting parties
In the event that the conclusion of the accommodation contract is negotiated in person with the participation of the Guest and a person authorized to represent the Accommodation Provider, the accommodation contract is concluded upon immediate acceptance of the offer by the Guest.
Contract concluded in the absence of the contracting parties
Following the Guest’s request made especially by telephone, via e-mail or in another written form, the Accommodation Provider will send the Guest an offer for accommodation and other services that takes into account the Guest’s request and the Accommodation Provider’s current options. Such action on the part of the Accommodation Provider is considered a proposal to conclude an accommodation contract, in the sense of Section 1731 et seq. NOZ (hereinafter also referred to as the „Offer“).
The offer must at least contain the commitment of the Accommodation Provider to provide the Guest with accommodation in a more precisely specified room or rooms, the period for which the accommodation is agreed and the amount of payment associated with the services that are the subject of the Offer.
In the case of a written Offer, it also includes a period within which the Offer must be accepted by the Guest. If no deadline is specified, this deadline is 3 working days. Acceptance of the Offer by the Guest shall be deemed to be any action taken by the Guest, in oral or written form, from the content of which it will be possible to conclude without much doubt that the Guest has accepted the Offer.
In the event that the Accommodation Provider does not receive consent from the Guest within the deadline for acceptance of the Offer, the Offer shall cease without further ado and the Accommodation Provider shall no longer be bound by such an Offer.
The contract for accommodation is established at the moment when the Accommodation Provider verifiably receives the consent of the Guest with the Offer (hereinafter also referred to as „Establishment of the Contract“).
The accommodation contract is concluded for a fixed period, starting on the day agreed upon by the contracting parties as the day of the Guest’s arrival (hereinafter referred to as the „Date of Arrival“) and ending on the day agreed by the contracting parties as the day of the Guest’s departure.
Contract concluded through the accommodation provider’s contractual partners
By concluding the relevant contract (contract on tourism services, tour contract, etc.) with the accommodation partner’s contractual partner, the Guest undertakes to comply with these Terms and the applicable operating regulations of the Hotel, including fire safety rules. Upon check-in, the guest must prove himself/herself with the appropriate voucher or voucher received from the accommodation partner’s contractual partner.
- Payment for accommodation
- The current amount of payment (price) for accommodation services, or all services provided by the Host are listed in the Host’s online reservation system. The host is entitled to adjust their amount unilaterally. The final amount of payment for the services provided by the Accommodation Provider is determined by the amount of payment specified in the Offer, which was accepted by the Guest in the above-mentioned manner.
- The Guest has the right to demand that the services of the Accommodation Provider be provided for payment, or the price that is the content of the Offer, in case of its timely acceptance (hereinafter also referred to as „Payment“ or simply „Price“). The total amount of the Payment is made up of the amount charged by the Accommodation Provider for the provision of services, increased by value added tax in the current legal amount, of which the Accommodation Provider is the payer, as well as the amount corresponding to administrative or other fees which the Accommodation Provider is obliged to pay by law (e.g. local fee).
- The Accommodation Provider has the right, as a guarantee of the payment of the Payment by the Guest, to demand that the Guest pay the Accommodation Provider a cash advance for the payment of the Payment for the provided services in the amount of 100% of the amount generated during the creation of the reservation through the online reservation system (hereinafter also referred to as the „Deposit“), immediately when making a reservation via the online reservation system, in other cases no later than 3 days after making the reservation.
- In the event that the Deposit is not paid by the Guest in the amount, period and manner agreed between the contracting parties, the Accommodation Provider has the right to withdraw from the accommodation contract.
- The Guest undertakes to pay the Payment in full no later than the last day on which he used the services of the Accommodation Provider, i.e. before his departure from the Hotel. The Deposit paid by the Guest to the Host in advance of the final payment will be deducted from the final amount of the Payment. Later payment is subject to a separate agreement between the Host and the Guest.
- Payment for services provided is paid in Czech crowns or in euros. If the Guest wishes to pay the Payment in another currency, such fact is subject to a separate agreement between the Host and the Guest. In such a case, the Accommodation Provider is obliged to inform the Guest of the exchange rate, using which he is prepared to accept payment in another currency.
- Cancellation terms
- In the event of delivery of the Guest’s written withdrawal from the concluded accommodation contract, the Guest is obliged to pay the Accommodation Provider a contractual penalty corresponding to the amount of the paid Deposit, which was agreed upon between the Contracting Parties. In the event that the Guest has paid the Deposit to the Host, the Host is entitled to unilaterally set off its amount against his right to payment of the contractual fine.
- In the event that the Guest does not show up for accommodation on the Day of Arrival and does not agree otherwise with the Accommodation Provider, the Guest is obliged to pay the Accommodation Provider a contractual penalty corresponding to the amount of the Deposit paid. In the event that the Guest has paid the Deposit to the Host, the Host is entitled to unilaterally set off its amount against his right to payment of the contractual fine.
- Services related to accommodation
- In addition to accommodation services, the host offers guests the following services.
- The guest is entitled to use the swimming pool, billiards, children’s attractions, multimedia and audio-visual equipment, fire pit. Furthermore, the Guest is entitled to use the indoor hot tub, sauna and relaxation rooms (hereinafter referred to as „Services“). The price for the Services is indicated in the on-line reservation system of the Accommodation Provider.
- All these Services connected with accommodation, as well as the price for their provision, are subject to a separate agreement between the Accommodation Provider and the Guest. The price for providing these services is not included in the Payment. The prices for the Services are listed in the on-line reservation system of the Accommodation Provider.
VII. Rights and obligations of the Contracting parties
- The Accommodation Provider is obliged to provide the Guest with temporary accommodation for the agreed period, for a Payment.
- The Accommodation Provider will hand over the accommodation to the Guest in a condition suitable for proper use and will ensure the unhindered exercise of his rights associated with the accommodation.
- The Guest is obliged to pay the Accommodation Provider Payment for the provided accommodation services, in the amount and in the manner determined by these Conditions or other arrangements of the Contracting Parties.
- The Guest has the right to use the space reserved for him for accommodation, as well as the common areas of the Hotel’s accommodation facility and to use the Services associated with the accommodation.
- The guest is obliged to report his arrival to the Hotel and is entitled to start using accommodation services on the Day of arrival, from 5:00 p.m. to 10:00 p.m. Later arrivals must be consulted with the Hotel reception, in the case of online check-in and using a mobile application to enter the Hotel, arrival is possible at any time after 10:00 p.m. The Guest is obliged to leave the accommodation premises and hand them back to the Host, no later than on the day of departure, no later than 10:00 a.m. (vacation of the room). If the Guest requests accommodation at an earlier time than the usual time for accommodation on the Day of the Guest’s arrival – from 5:00 p.m., the Hotel may add a fee for the previous night to the bill. The Hotel must inform the Guest of this fact before providing the service.
- The guest is obliged to use the accommodation premises, as well as the premises in which the services associated with the accommodation are provided in the usual manner. The Guest is obliged to prevent damage to the Hotel’s equipment as well as other entrusted items.
- The guest is obliged to respect the rights of other accommodated guests and to behave with dignity, both in relation to other guests of the Hotel and to the hotel staff.
- The guest is obliged to keep quiet at night. For this purpose, he is obliged to take all measures so that he does not disturb the nighttime silence, especially after 10:00 p.m. in the evening.
- If the accompanying person is a minor under the age of 18, it is the Guest’s duty to ensure that the minor stays in the Hotel exclusively under his supervision, or the supervision of a fully independent person whom the Guest will reasonably entrust with supervision.
- The Guest is liable for damages caused in causal connection with his actions or as a result of the actions of persons entrusted to his care by law, both to the Host and to third parties.
- The Guest is entitled to bring pets – a dog – into the Hotel for an appropriate fee in addition to the Payment, the amount of which is indicated in the on-line reservation system of the Accommodation Provider.
- The guest undertakes to observe the ban on smoking in the entire Hotel building. In case of violation of these obligations, the Guest is obliged to pay the Accommodation Provider a contractual fine of CZK 20,000 for each individual violation of these obligations.
- The Guest acknowledges that the Host does not provide the service of safekeeping of items of higher value, especially valuables. In the event that the Guest brings valuables or things into the Hotel, the value of which exceeds CZK 20,000, the Host is not responsible for damage to such things.
- In case of violation of any of the above obligations of the Guest, the Accommodation Provider is entitled to withdraw from the accommodation contract. In such a case, the Accommodation Provider is entitled to a contractual penalty in the amount of the Payment. The lodger is entitled to unilaterally set off the paid Deposit against such claim.
- In addition to the above, the Accommodation Provider is entitled to withdraw from the contract in the event that
- The guest uses the accommodation facility for a purpose other than that for which it is intended;
- The Guest otherwise disturbs the security and order of the Hotel, behaves rudely towards Hotel employees, is clearly under the influence of alcohol or narcotic and psychotropic substances, if such a state of his or her disturbs the good name of the Host or the peaceful use of the Hotel by other guests; whose
- The guest suffers from an infectious disease.
- In the event that the accommodation contract was concluded for a period longer than one (1) year, the Guest has the right to withdraw from this contract in accordance with § 1867 NOZ, without giving a reason. He must do so in writing. The Guest’s right to withdraw from the contract must be exercised within 14 days after the Host has asked him to pay any additional payment related to the accommodation.
VIII. Complaints about accommodation or Services and the impossibility of providing accommodation or Services
- The Guest is entitled to complain to the Accommodation Provider about the quality of the provided accommodation and/or Services, if their quality or scope or other conditions do not correspond to the scope, quality and conditions specified in the reservation. The lodger undertakes to find out the circumstances of the complaint without undue delay and, in the case of a justified complaint, to ensure that the defective condition is rectified. The Guest is obliged to file a complaint with the Accommodation Provider without undue delay after discovering the defective provision. Later complaints will not be taken into account.
- Facts, circumstances or events (especially war events, explosions, fires, accidents, damage to equipment and installations, epidemics, quarantines, so-called lockdowns, natural disasters, storms, floods, calamities, and other unforeseen climatic events) are considered force majeure or technical conditions) which the contracting parties could not foresee or prevent by taking preventive measures, which are beyond their control and were not caused intentionally or through negligence, and which substantially complicate or make impossible the fulfillment of the obligations arising from the accommodation contract.
- If, for the above-mentioned reasons, the Host is forced to close the Hotel, the Guest will be issued a voucher for the amount of the paid part of the Payment, which will be possible for accommodation in the Hotel, with the fact that the Host does not return the part of the Payment paid by the Guest in this case. Voucher will be valid for one year from the date of issue and this voucher will be transferable.
- The Guest expressly agrees to the above conditions in the event that the Accommodation Provider cannot provide accommodation or Services.
IX Final Provisions
1. Einführende Bestimmungen
2. Diese Bedingungen regeln die Nutzung der Unterkunftseinrichtungen des Hotels sowie der mit der Unterkunft im Hotel zusammenhängenden Dienstleistungen.
3. Besondere, individuelle Bedingungen sind kein Teil dieser Geschäftsbedingungen, sondern unterliegen einer separaten Vereinbarung zwischen dem Beherbergungsunternehmen, dem Gast oder Dritten.
4. Die Unterkunftsdienstleistungen des Hotels oder die mit der Unterkunft zusammenhängenden Dienstleistungen werden vom Gast und möglicherweise auch von der begleitenden Person oder den Personen genutzt.
- Applicable law. Contractual relations between the Accommodation Provider and the Guest are governed by the relevant accommodation agreement concluded between the Accommodation Provider and the Guest and these General Terms and Conditions. The provisions of these General Terms and Conditions take precedence over the individual arrangements contained in the accommodation contract, or in the written confirmation of the Accommodation Provider’s reservation and/or their annexes. At the same time, the accommodation provider reserves the right to include other conditions in its offers and/or advertising materials that take precedence over these GTC. In the event of a conflict between the provisions contained in the accommodation contract, or the written confirmation of the Accommodation Provider’s reservation and/or their annexes, or in the offers and/or advertising materials of the Accommodation Provider and the provisions of these General Terms and Conditions, the provisions contained in the accommodation contract, respectively the written confirmation of the Accommodation Provider’s reservation and/or their attachments or in the offers and/or advertising materials of the Accommodation Provider. The General Terms and Conditions form an integral part of all pre-contractual agreements and relevant accommodation contracts concluded between the Accommodation Provider and the Guest. The General Terms and Conditions become part of the pre-contractual agreements at the moment of the initiation of these negotiations between the Accommodation Provider and the Guest and part of the accommodation contracts at the moment of their conclusion. If, as part of the pre-contractual negotiations, the Accommodation Provider’s offer to conclude an accommodation contract is accepted by the Guest with any amendment or deviation, including an amendment or deviation that does not substantially change the content of the offer to conclude an accommodation agreement, the Accommodation Provider excludes, in accordance with the provisions of § 1740 par. 3 of the Civil Code, accepting such an offer with an amendment or deviation and concluding this contract. The accommodation contract and these Terms and Conditions and the legal relationships arising from them are governed exclusively by Czech law and the legal order of the Czech Republic.
- Dispute Resolution. The Guest (who is a consumer according to the provisions of the Civil Code) confirms that he has been duly and fully informed by the Accommodation Provider about his rights and that he has been provided with all the information specified in the Civil Code regarding the consumer and the subject of the out-of-court settlement well in advance of concluding this accommodation contract consumer disputes. The Accommodation Provider hereby, in accordance with § 14 of Act No. 634/1992 Coll., on consumer protection, as amended, informs the Guest of his right to out-of-court settlement of disputes arising from the accommodation contract. The subject of out-of-court settlement of consumer disputes arising from this contract is the Czech Trade Inspection (www.coi.cz) or another entity authorized by the Ministry of Industry and Trade.
- Form of documents and delivery. Any notification, request or other communication to be made, given or delivered to the other contracting party pursuant to these Terms and Conditions and the accommodation contract must be made in writing and contain the signature of the person acting (hereinafter also referred to as „the writing“). Documentation can be in the form of a document or an electronic document. The written form is also preserved by making a message via electronic mail in the form of a regular email message, even without a guaranteed electronic signature to the email address of the other contracting party. It is considered that a received shipment (containing a document) sent to the address of the other contracting party indicated in the reservation process using the postal service operator has arrived on the third (3) working day after dispatch, but if it was sent to an address in another country, then on the fifteenth (15) business day after shipment.
- Inflation Clause. The accommodation provider reserves the right to increase the Payment and the price for the Services by the annual rate of inflation announced by the Czech Statistical Office for the previous calendar year. In the event that inflation exceeds 4%, the Accommodation Provider can unilaterally increase the amount of the Payment and the price for the Services by this amount.
- Changes to Terms. The host reserves the right to unilaterally change these Terms and Conditions. In the event that such a change occurs, the new version of the General Terms and Conditions will be placed on the website of the Accommodation Provider https://vilaprag.cz/ and sent to the Guest with whom the reservation process is taking place. Changes to these Terms and Conditions become effective upon publication or delivery of its text to the Guest. In the event of the Guest’s disagreement with the published change to the General Terms and Conditions, the Guest is obliged to communicate this disagreement to the Accommodation Provider in writing no later than two days after the delivery of the change to the General Terms and Conditions. The relationship between the Guest and the Host and the resulting mutual rights, obligations and conditions are governed by the General Terms and Conditions that were sent to them together with the reservation.
- Separability. In the event that any provision of the Accommodation Agreement or these Terms and Conditions is or becomes invalid, ineffective or unenforceable, the other provisions shall remain valid, effective and enforceable. In such a case, the contracting parties undertake to replace the provision in question with such a valid, effective and enforceable provision which, in its content, meaning and economic impact, corresponds as much as possible to the original provision and the intention of both contracting parties on the date of conclusion of the Agreement.
- Exclusion of Certain Provisions. The contracting parties exclude the application of the contra proferentem rule to the contractual relationships established by the accommodation contract and these Terms and Conditions.
- Obligation to compensate for non-property damage. When the obligation to compensate for damage arises.
- Validity and Effectiveness. These Terms and Conditions enter into force and effect on May 1, 2021.