GENERAL TERMS AND CONDITIONS

1. INTRODUCTORY PROVISIONS

1.1 These General Terms and Conditions govern the legal relations arising from accommodation contracts concluded between the Accommodation Provider and the Guest via distance communication tools through the interface on the Website of the Accommodation Provider.

1.2 Individual arrangements contained in the Contract shall take precedence over the provisions of these Terms and Conditions.

2. DEFINITIONS

2.1 For the purposes of these Terms and Conditions, the following definitions shall apply:

  • Civil Code means Act No. 89/2012 Coll., the Civil Code, as amended.

  • Terms and Conditions means this document, titled "General Terms and Conditions for the Provision of Accommodation" issued by the Accommodation Provider, which forms an integral part of the Contract.

  • Accommodation Provider means {insert identification details, address, email, phone number}.

  • Guest means the person who concludes the Accommodation Contract regarding the Premises with the Accommodation Provider.

  • Contract means the Contract between the Guest and the Accommodation Provider, which is concluded in accordance with the procedure under Article 4 of the Terms and Conditions and the content of which incorporates these Terms and Conditions.

  • Contracting Parties means the Guest and the Accommodation Provider collectively.

  • Website means the website of the Accommodation Provider, which contains detailed information about the Premises and accommodation, and through which the Contract can be concluded.

  • Accommodation Rules means the rules of the Premises, which may be provided to the Guest by the Accommodation Provider.

  • Premises means all equipment and facilities of the apartment.

3. PRE-CONTRACTUAL DISCLOSURES

3.1 In fulfillment of its statutory obligations, the Accommodation Provider hereby informs the Guest of the following information prior to the conclusion of the Contract:

  • Price, Payment, and Deposit: The price for accommodation is listed on the Website, where the Guest can also find information regarding any required deposit.

  • Language of the Contract and Terms: These Terms and Conditions and the Contract are drawn up in the Czech language, which is the language used for concluding the Contract.

  • Codes of Conduct: The Accommodation Provider is not bound by any codes of conduct.

  • Out-of-Court Dispute Resolution: If the Guest is a consumer, they are entitled to use out-of-court dispute resolution in the event of a potential dispute under the conditions specified in paragraph 17.2 of the Terms and Conditions, unless the nature of the Contract excludes it.

  • Withdrawal from the Contract: Information regarding the inability of a Guest who is a consumer to withdraw from the Contract is set forth in Article 12 of the Terms and Conditions.

  • Personal Data Protection: Information regarding the processing of the Guest's personal data is available on the website {insert link}.

  • Resolution of Complaints and Disputes: Detailed information regarding the possibilities of resolving disputes between the Accommodation Provider and the Guest is set forth in Article 17 of the Terms and Conditions.

  • Duration of the Contract: The Contract is concluded for a fixed term, namely for the duration of the accommodation, unless otherwise implied by the Contract.

  • Filing of the Contract: The Contract is archived by the Accommodation Provider, and the Guest does not have access to it.

  • Conclusion of the Contract: The Contract is concluded via the Website, i.e., through means of distance communication, to which the Guest expresses consent upon concluding the Contract. Costs incurred by the Guest when using means of distance communication in connection with the conclusion of the Contract (internet connection costs, or telephone call costs) shall be borne by each Contracting Party individually.

4. CONCLUSION OF THE CONTRACT

4.1 The Contract is concluded via the form available on the Website, in the following manner:

  • The Guest fills out the relevant form, including specific requirements regarding the duration and start of the accommodation and related information;

  • By clicking the "Booking binding to payment" button, the Guest's order becomes binding;

  • Upon receiving the order, the Accommodation Provider shall send a confirmation to the Guest; the Contract is deemed concluded upon delivery of this confirmation. Along with the confirmation, the Accommodation Provider shall send the Guest instructions for the payment of the deposit.

4.2 For the avoidance of doubt, the Contract automatically terminates upon the fruitless expiry of the deadline for the deposit payment, unless the Contracting Parties agree otherwise.

4.3 For the avoidance of doubt, the Contract may also be concluded in another manner permitted by the Accommodation Provider, from which its content will be apparent and of which these Terms and Conditions will form a part.

5. SUBJECT MATTER OF THE CONTRACT

5.1 On the basis of the concluded Contract, the Accommodation Provider provides the Guest with temporary accommodation for the agreed period, and the Guest undertakes to pay the Accommodation Provider the price for the accommodation and services related to the accommodation within the stipulated deadline, or to pay the Accommodation Provider a cancellation fee if they cancel their reservation or use it only in part.

6. OBLIGATIONS OF THE GUEST

6.1 In connection with the Contract, the Guest has the following obligations:

  • To provide only correct, complete, and true information during the booking process;

  • To provide the Accommodation Provider with the cooperation necessary for the proper securing and provision of the accommodation;

  • To take over all sent documents required for the stay;

  • To arrive at the place of check-in at the specified date and time with all required documents;

  • To follow the manuals, Accommodation Rules, and instructions of the Accommodation Provider and its authorized staff;

  • To behave in a manner that prevents injury to health, life, or property, as well as damage to the property of the Accommodation Provider;

  • To properly use the accommodation premises and maintain order and cleanliness therein;

  • To close windows and doors upon leaving the accommodation premises;

  • To immediately report the need for repairs within the accommodation premises;

  • To immediately report any damage or loss caused by the Guest or a person accommodated with them in the accommodation premises.

7. PROHIBITED ACTIONS

7.1 Without the prior consent of the Accommodation Provider, the Guest must not:

  • Make substantial changes to the accommodation premises;

  • Use their own appliances in the premises;

  • Leave the premises designated for accommodation to another person;

  • Smoke in the accommodation premises;

  • Possess, produce, or store narcotic or psychotropic substances or poisons, unless these are medicines prescribed to the Guest by a physician;

  • Carry a weapon and ammunition or otherwise store them in a state allowing their immediate use;

  • Violate other instructions of the Accommodation Provider or the Accommodation Rules.

8. RIGHTS AND OBLIGATIONS OF THE ACCOMMODATION PROVIDER

8.1 In connection with the Contract, the Accommodation Provider has the following obligations:

  • To hand over the accommodation premises to the Guest in a state fit for proper use and to ensure the undisturbed exercise of their rights associated with the accommodation;

  • To remove reported defects without undue delay;

  • To maintain the accommodation premises in a proper technical and hygienic condition.

8.2 The Accommodation Provider has the right to inspect the accommodation premises in the presence of the Guest after the end of the Guest's stay.

8.3 The Accommodation Provider is not liable for injury to health and damage to the property of the Guest caused by their carelessness, inattention, negligence, improper use, or insufficient supervision.

9. CONDITIONS OF ACCOMMODATION

9.1 The Guest has the right to use the premises designated for accommodation, as well as the common areas of the Premises intended for this purpose by the Accommodation Provider.

9.2 Upon check-in, the Guest shall receive a key. The Guest is obliged to return this key to the Accommodation Provider no later than upon termination of the accommodation.

9.3 The Accommodation Provider shall accommodate the Guest from 15:00 to 23:59 on the respective day of check-in, and the Guest is obliged to vacate the property on the day of termination of accommodation no later than 10:00. The exact hour of check-in on the respective day shall be agreed upon between the Guest and the Accommodation Provider.

9.4 The number of accommodated persons must not exceed the bed capacity of the property or the number agreed in the Contract. The exact, or preliminary, number of accommodated persons is stated in the confirmation of the Contract, which the Guest receives after making the reservation.

9.5 In the case of accommodating persons under 18 years of age or persons with limited legal capacity, it is necessary to ensure at least one responsible supervisor over 18 years of age who will participate in the stay.

9.6 Accommodation or visiting the property with pets is possible subject to the following conditions:

  • The animal must not cause unreasonable inconvenience, e.g., scratching furniture, lying on beds, or other guest facilities.

  • The owner of the animal must supervise its behavior to prevent damage to the property's equipment. If damage to the equipment occurs, the owner of the animal is obliged to compensate for the damage caused.

  • The owner shall provide a bed and a food bowl for the animal from their own resources, not from the equipment of the property.

  • Accommodation with a larger pet is recommended to be discussed in advance with the Accommodation Provider.

9.7 The Guest is not allowed to bring sports equipment and objects into the property for which another storage place is designated.

9.8 The Accommodation Provider recommends that Guests do not leave jewelry, money, and other valuables in the property, or properly secure their valuables against theft. The Accommodation Provider is not liable for the loss of or damage to the aforementioned items. The Accommodation Provider is not obliged to provide storage for these items.

9.9 Parking of the Guest's vehicles is permitted on the Accommodation Provider's own land in front of the property. These areas are freely accessible, and therefore the Accommodation Provider is not liable for any theft of the vehicle or items therein, as it is not a guarded parking lot.

10. PRICE

10.1 The price of the stay means the price indicated in the form on the Website and in the Contract sent by the Accommodation Provider via email to the Guest after confirmation of the reservation in the online reservation system.

10.2 The price of the stay does not include:

  • Recreational fee to the local municipal office;

  • Meals;

  • Transport;

  • Other services agreed upon by the Contracting Parties.

11. PAYMENT CONDITIONS

11.1 The Guest is obliged to pay the full amount of the price immediately after sending the reservation confirmation in the online reservation system to the account of the Accommodation Provider, unless stated otherwise in the Contract.

11.2 The Guest acknowledges that if they fail to comply with the agreed payment conditions, the Contract between the Guest and the Accommodation Provider shall be canceled.

12. WITHDRAWAL FROM THE CONTRACT

12.1 The Guest acknowledges that, in accordance with Section 1837(j) of the Civil Code, they do not have the right to withdraw from a contract concluded by distance means (as it relates to accommodation provided within a specific deadline).

13. CANCELLATION OF THE CONTRACT

13.1 The Guest has the right to terminate the Contract before the expiry of the agreed period. In the event of termination of the Contract by the Guest later than 30 days before the agreed check-in, the Accommodation Provider has the right to demand the payment of a cancellation fee.

13.2 The Accommodation Provider may terminate the Contract before the expiry of the agreed period without a notice period if the Guest, despite a warning, grossly violates their obligations under the Contract or good morals.

13.3 Termination of the Contract must be made in writing/via SMS and delivered to the other Contracting Party.

13.4 The amount of the cancellation fee is agreed depending on the time remaining from the date of delivery of the reservation cancellation to the agreed day of check-in. The amount of the cancellation fee is calculated as a percentage of the total price of the accommodation, whereby in the case of delivery of the cancellation to the Accommodation Provider:

  • More than 30 days before check-in: the cancellation fee is 0% of the total price of the stay.

  • 29 – 8 days before check-in: the cancellation fee is 40% of the total price of the stay.

  • 7 – 4 days before check-in: the cancellation fee is 60% of the total price of the stay.

  • Less than 3 days before check-in: the cancellation fee is 80% of the total price of the stay.

  • In case of no-show: the cancellation fee is 100% of the total price of the stay.

13.5 For the avoidance of doubt, any termination of the Contract does not extinguish the Accommodation Provider's claim to the payment of the cancellation fee.

14. LIABILITY FOR DEFECTS

14.1 The liability of the Contracting Parties for defects shall be governed by the relevant provisions of the Civil Code. Damage shall be compensated in cash unless the Contracting Parties agree otherwise.

15. COMPLAINTS

15.1 The Guest is entitled to claim the quality of the provided accommodation and/or accommodation services if their quality, scope, or other conditions do not correspond to the agreed scope, quality, and conditions.

15.2 The Guest is obliged to make a complaint in writing with the Accommodation Provider immediately after discovering the shortcomings. Late complaints will not be taken into account.

16. CONTRACTUAL PENALTIES AND DAMAGES

16.1 In the event that the Guest loses or fails to hand over the provided key to the Accommodation Provider pursuant to paragraph 9.2 of the Terms and Conditions, the Accommodation Provider shall be entitled to a contractual penalty in the amount of CZK 2,000.

16.2 In the event that the Guest fails to comply with the time for moving out pursuant to paragraph 9.3 of the Terms and Conditions, they will be charged the price for an additional day of stay.

16.3 For the avoidance of doubt, any application or payment of a contractual penalty under these Terms and Conditions does not exclude the Accommodation Provider's claim for damages.

17. RESOLUTION OF COMPLAINTS AND DISPUTES

17.1 The Accommodation Provider sets out the following rules for handling the Guest's complaints:

  • The Guest is entitled to send their complaint to the Accommodation Provider via electronic mail to the address specified in paragraph 2.1.3 of the Terms and Conditions, immediately after discovering the grounds for the complaint (manifestly delayed complaints will not be processed);

  • The Guest undertakes to state in their complaint all information essential for resolving the complaint;

  • The Accommodation Provider undertakes to send the Guest a notification regarding the settlement of the complaint without unreasonable delay to the electronic mail address specified in the Contract.

17.2 In the event of a dispute, the Guest is entitled to contact:

  • The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, http://www.evropskyspotrebitel.cz, which is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR);

  • The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, with a proposal for out-of-court resolution of disputes arising from the Contract.

17.3 All disputes arising from the Contract and these Terms and Conditions shall be subject to the jurisdiction of the Czech courts, to the exclusion of the jurisdiction of any other court, unless the legal system of the Guest's residence provides otherwise.

18. LEGAL REGIME OF THE TERMS AND THE CONTRACT

18.1 The Contract and these Terms and Conditions shall be governed by the laws of the Czech Republic. For the avoidance of doubt, this is without prejudice to the protection of the Guest as a consumer provided to them by the legal order of their place of residence, provided that such provisions cannot be deviated from by contract.

19. SEVERABILITY CLAUSE

19.1 In the event that it becomes apparent that any provision of the Terms and Conditions or the Contract is or has become invalid, ineffective contrary to the will of the contracting parties, or inapplicable in any way, or that such invalidity, ineffectiveness, or inapplicability will inevitably occur (e.g., due to a change in the relevant legal regulations), this shall not affect the validity, effectiveness, or applicability of the remaining provisions of the Terms and Conditions or the Contract.

19.2 In such a case, the Accommodation Provider and the Guest undertake to provide each other with mutual cooperation to perform the relevant legal acts in order to replace the invalid, ineffective, or inapplicable provision with another provision so that the purpose of the Terms and Conditions or the Contract is preserved and fulfilled.

20. AMENDMENT OF THE CONTRACT AND TERMS

20.1 The wording of the Terms and Conditions may be amended or supplemented by the Accommodation Provider. The Accommodation Provider is obliged to notify the Guest of changes to the Terms and Conditions by email at least 30 days before the change takes effect. The Guest is entitled, within a period of 10 days from receipt of the notification of the

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