These General Business Terms and Conditions (the “GBTC”) apply to the procedure for concluding accommodation agreements and govern the basic rights and obligations between the accommodated person (the “Client”) and the Sporthotel Zátoň operated by ISEP, s.r.o., ID No. 251 55 997, a company with its registered office at Zátoňské Dvory 1, Větřní PSČ 382 11, registered in the Commercial Register maintained by the České Budějovice Municipal Court under Section C, Insert 6460 (the “Accommodation Provider”). The contractual relationship between the Accommodation Provider and the Client shall observe these GBTC, the pertinent accommodation agreement concluded between the Accommodation Provider and the Client and, for matters expressly not addressed herein, the pertinent provisions of the Civil Code. The specific arrangements in the accommodation agreement or the written confirmation of reservation from the Accommodation Provider and/or in the annexes thereto shall take precedence over the provisions of these GBTC.
Procedure when making reservations and concluding an accommodation agreement
2.1 The Accommodation Provider offers accommodation and other services related thereto to Clients through its website www.sporthotel-zaton.cz and through the Accommodation Provider’s marketing materials (the “Offer”). Such Offer shall not be binding and the information contained in it shall only be of an informative nature. Such indicative Offer shall not be deemed an offer in accordance with Section 1731 or Section 1732 of the Civil Code, nor shall it be deemed a public undertaking pursuant to Section 1733 of the Civil Code. Such indicative Offer shall not give rise to the Client’s entitlement to conclude an accommodation agreement. Such Offer shall be valid under the terms and conditions and for the period indicated therein, with the Accommodation Provider reserving the right to unilaterally change or specify specific the conditions of the Offer in question prior to the conclusion of the accommodation agreement.
2.2 Using the electronic reservation form located on the Accommodation Provider’s website www.sporthotel-zaton.cz or in some other way, the Client shall send an order for accommodation and services (the “Order”). By sending the Order to the Accommodation Provider, the Client confirms that he/she has reviewed these GBTC in full, agrees with them and recognises them as the terms and conditions of the accommodation agreement and an integral part thereof. The Client shall further be obliged to fill in the data in the reservation form completely and truthfully. The Accommodation Provider reserves the unrestricted right to reject the Order even without a reason.
2.3 Upon receiving the Client’s Order and checking capacity and other conditions, the Accommodation Provider shall send the Client a confirmation that the Order was received, together with a specification of the conditions of a binding offer of accommodation(the “Reservation”). In the confirmation, the Accommodation Provider shall indicate a binding price calculation for accommodation and services, payment terms and conditions and payment instructions, as well as the following information: the Accommodation Provider’s identification data and contact information; the Client’s identification data and contact information; arrival date; departure date; number of nights; type of accommodation; number, name, surname and age of the individuals being accommodated; enumeration of any discounts; instructions on payment of the total price; cancellation insurance (if concluded).
2.4 If the Client accepts the Accommodation Provider’s Reservation, he/she is obliged to pay the price of deposit in the manner and according to the payment conditions indicated in the Reservation.
If the Accommodation Provider specified in the payment terms and conditions of the Reservation that a deposit is to be paid, payment of the deposit shall then constitute the conclusion of an agreement (which these GBTC form an integral part of) between the Client and the Accommodation Provider on the accommodation and services set out in the Reservation. If the Client does not pay the deposit by the deadline indicated in the payment terms and conditions, it is assumed that the Client did not accept the conditions of the Reservation and the accommodation agreement is deemed not to have been concluded, and the Accommodation Provider is thereby released from the obligation to honour the Reservation on the date of expiration of deadline for paying the deposit.
2.4.2 Reservation confirmation
At the moment that the deposit of the price indicated in the Reservation is paid up, the reservation of accommodation and services shall be deemed confirmed and guaranteed by the Accommodation Provider, and the Accommodation Provider shall send the Client an e-mail confirmation of a binding reservation of the accommodation and services specified in the Reservation. At the moment that the Reservation Confirmation is delivered to the Client, the Accommodation Provider shall undertake to provide the Client with accommodation and services in the scope and under the conditions set out in the Reservation Confirmation.
2.5 If the Offer, Order, Reservation and/or Reservation Confirmation contain mistakes in the text or in the calculations (especially if a clearly unreasonable price of accommodation and/or services is stated) or any other erroneous information or discrepancies, the Accommodation Provider reserves the right to correct such errors or remedy such discrepancies, doing so itself or at the Client’s written request.
Payment terms and conditions
3.1 If the company requires a deposit for the ordered services, the client is obliged to pay properly this deposit, i.e. in the amount and due date specified in the contract Reservation); the payment of the deposit is understood as the credit of the appropriate amount to the bank account of the company, unless it has been agreed otherwise. If the deposit is not paid properly by the client, the company reserves the right to cancel the confirmed order.
3.2 The client agrees to pay a tax document (invoice) by the due dated specified therein; unless agreed otherwise, the maturity period is 14 days from its issuance.
3.3 The payment is deemed to occur at the moment hen i tis credited to the bank account of the company indicated on the tax document (invoice), unless it has been agreed otherwise.
3.4 Failure to observe the deadline for payment of the deposit under the conditions of the Reservations shall mean that the accommodation agreement has not been concluded, and neither the Client nor the Accommodation Provider shall have any claims against each other.
3.5 The client agrees to pay the total cost of accommodation, services and consumption in the hotel restaurant and bar no later than the day of departure. Of the total price will be deducted advance paid when booking.
4.1 The price of accommodation shall be the price indicated in the Reservation as the price of accommodation in the respective unit and for the number of individuals indicated in the Reservation. The price of services shall be the price indicated in the Reservation as the price of the ordered services. The total price of accommodation and services shall be the price indicated in the Reservation as the total price including any discounts as well as any tax and spa or recreational fees.
4.2 The Accommodation Provider shall not be entitled to unilaterally raise the total price while the Reservation is valid except in the following cases:
- If a change occurs to the Reservation (a different unit is requested, the number of individuals changes, etc.)
- If the Client does not prove or document the fulfilment of the conditions for receiving the claimed discount
- If there is a change in legal regulations or in the VAT rate and/or in the spa or recreational fee.
Changes to reservations
5.1 Should circumstances arise that prevent the Accommodation Provider from providing the Client with the accommodation and/or service according to the Reservation, and it is possible in light of the situation to provide the Client with different accommodation and/or alternative service in the scope and quality identical or at least approximating the originally ordered accommodation and/or service or providing the same accommodation and/or services at an alternative time, the Accommodation Provider shall be entitled and obliged to make the corresponding changes. In such case the Accommodation Provider shall inform the Client without undue delay about the conditions of such change and propose such change to the Client. If he/she does not agree with such announced changes, the Client shall be entitled to cancel the service and, if the change pertains to accommodation, to withdraw from the agreement. The Accommodation Provider is then obliged without undue delay following the cancellation of the service to refund the Client the payment for such cancelled service and, in the case of withdrawal from the agreement, to refund the Client any and all payments made in relation to the agreement. The provisions under these GBTC on cancellation fees shall not apply to payments refunded according to this paragraph.
If the Client does not cancel the service without undue delay after being notified of such change in the service or does not withdraw from the agreement within 5 days of receiving notification of such change, it is deemed that the Client agrees with such change.
5.2 In the event that it becomes impossible to provide the Client the ordered and paid service in the scope and quality corresponding to the agreed conditions, the Accommodation Provider shall refund the Client any payment made by the Client for such service. If the Accommodation Provider provides the Client with an alternative service in the scope and/or quality that is the same or greater and the Client’s accepts such alternative service, it shall be deemed that the Accommodation Provider has provided the originally agreed service and the Client shall not be entitled to make any other claims against the Accommodation Provider for the reason of failure to provide the services originally ordered and paid for.
5.3 If the Client ordered a specific room type and received the respective Reservation, the price specified in the Reservation shall be charged even if the Client receives a bigger room or apartment.
5.4 The Accommodation Provider shall not be liable for changes caused by force majeure, decisions of public authorities, or extraordinary circumstances or events that the Accommodation Provider could not have foreseen or could not have prevented even if all reasonable efforts have been made.
Cancellation of reservation and cancellation fee
6.1 The contractual parties have agreed that the Client shall be entitled at any time prior to the stay to terminate the accommodation agreement without notice or to withdraw from such agreement due to a gross breach of the Accommodation Provider’s obligations. The contractual parties have further agreed that the Client shall be obliged to pay a cancellation fee to the Accommodation Provider if the Client withdraws from the accommodation agreement for reasons other than those afforded to him/her under the law due to a gross breach of the Accommodation Provider’s obligations or if the notice of termination or withdrawal from the agreement was instigated by the Accommodation Provider due to a beach of the Client’s obligations.
6.2 The amount of the cancellation fee shall be determined according to the length of the period between the date of receipt of the effective notice given by client and the scheduled arrival date indicated in the Reservation:
- 22 days or more before the Client’s stay, the cancellation fee shall free
- between 2 and 7 days before the Client’s stay, the cancellation fee shall amount to 75% of the total price
- between 8 and 21 days before the Client’s stay, the cancellation fee shall amount to 50% of the total price
- between 1day before the Client’s stay and the date of the Client’s scheduled arrival, the cancellation fee shall amount to 100% of the total price
- after the Client is accommodated, 100% of the total price
6.3 The notice of termination or withdrawal has to be made in writing and delivered to the other party. The accommodation agreement shall be cancelled on the day that the written notice of termination or withdrawal is delivered to the other party.
6.4 The Accommodation Provider shall be entitled to withdraw from the agreement in those cases where the Client substantially breached the obligations imposed on him/her under the agreement, these GBTC and/or Czech legal regulations. The Accommodation Provider shall be entitled to withdraw from the agreement without notice prior to the agreed term in the event the Client and/or a person accompanying him/her breaches his/her obligations under the agreement, these GBTC, the Accommodation Provider’s accommodation rules or other house rules, Czech legal regulations or goods morals despite warning. If such withdrawal or termination on the part of the Accommodation Provider occurs, the Client shall be obliged to pay the cancellation fee in the amount according to these GBTC.
7.1 The Accommodation Provider offers clients the possibility to arrange cancellation insurance, the purpose of which is reimbursement of the costs that arise in connection with an insured event – cancellation of accommodation at the Accommodation Provider. The right to the indemnity shall be governed by the Insurer’s insurance terms and conditions, which are available on the Accommodation Provider’s website www.sporthotel-zaton.cz.
7.2 The price of insurance (premium) is stipulated as a percentage of the total price indicated in the Reservation. The current percentage (insurance) is specified on the Accommodation Provider’s website www.sporthotel-zaton.cz.
7.3 The cancellation insurance takes effect on the day of payment of the price indicated in the Reservation according to the payment terms and conditions, or upon payment of the first deposit of the price indicated in the Reservation according to the payment terms and conditions, and ends on the date indicated as the scheduled arrival date.
Rights and obligations of the Client
8.1 The Client’s basic rights are as follows in particular:
- The right to be provided with the accommodation and services ordered and paid for in the scope and under the conditions set out in the Reservation
- The right to be provided with information about the accommodation and services offered and provided by the Accommodation Provider
- The right to terminate the agreement without notice or to withdraw from the agreement for the reason of a gross breach of the Accommodation Provider’s obligations or to cancel the ordered services under the conditions set out in these GBTC, the agreement or Czech legal regulations.
- The right to inform the Accommodation Provider in writing that a different individual will be using the accommodation and/or service indicated in the Reservation in his/her stead, provided that such notification includes a declaration of such individual (new client) that he/she agrees with the accommodation, services and the price thereof indicated in the Reservation and that he/she fulfils all of the conditions for using the accommodation or services, if requested. The original client and the new client shall be jointly and severally liable for payment of the total price indicated in the Reservation and payment of administrative or other costs that may be incurred by the Accommodation Provider in connection with the change of client.
- The right to lodge a complaint if accommodation or services were provided erroneously or in poor quality, and the right to have such complaint handled in accordance with these GBTC.
- The right to protection of personal data and other data pertaining to the Client and travelling companions.
8.2 The Client’s basic obligations are as follows:
- The obligation to complete, fully and truthfully, the Order or any appended forms required for the provision of accommodation and services, to present documentation at the time of accommodation required to identify the Client and any travelling companions (valid identity card, valid passport), and to report any changes in such information without undue delay
- The obligation to pay the Accommodation Provider the full price of the accommodation or service in accordance with the valid payment terms and conditions set out in the Reservation and in accordance with these GBTC.
- The obligation to pay the total price for the consumption in the restaurant and bar in accordance with the submitted accounts.
- The obligation to pay the Accommodation Provider the cancellation fee in those cases indicated in these GBTC.
- The obligation to follow the instructions of the Accommodation Provider’s staff, the accommodation rules and other house rules on the use and provision of accommodation and services in the Sporthotel Zátoň. Should the Client or an individual accompanying him/her breach the obligations under the agreement, these GBTC or the Accommodation Provider’s regulations (rules), legal regulations or good morals despite warning, or disturb the programme or utilisation of accommodation or services being enjoyed by the Accommodation Provider’s other clients, the Accommodation Provider shall be entitled to demand that the Client and any individuals accompanying him/her to leave the accommodation or to stop utilising the services (terminate the agreement without notice). In such case, the Client shall lose entitlement to the accommodation and/or service indicated in the Reservation as well as to reimbursement of the unpaid and unutilised accommodation and/or service.
- The obligation of the Client and the individuals accompanying him/her to behave in such a way as not to disturb or restrict the Accommodation Provider’s other clients from using the accommodation and/or services.
- The Client (whether an individual or legal entity) shall be responsible for observing the obligations arising from the agreement, these GBTC, the Accommodation Provider’s accommodation rules and rules of operation and Czech legal regulations by the individuals indicated in the Reservations and/or accompanying him/her.
The Client shall be entitled to lodge complaints with the Accommodation Provider about the quality of the provided accommodation and/or services, provided their quality or scope or other conditions do not correspond to the scope, quality and conditions indicated in the Reservation. The Accommodation Provider shall ascertain the circumstances of the complaint without undue delay and, if the complaint is warranted, remedy the defective state or provide the Client with a discount. The Client shall be obliged to lodge a complaint with the Accommodation Provider without undue delay after discovering the defective provision. Later complaints shall not be recognised.
10.1 Accommodation of the Client by the Accommodation Provider is possible no earlier than 2:00 p.m. on the day indicted in the Reservation as the first day of accommodation (scheduled arrival date). The Client shall be obliged to handover the cleaned unit on the last day of accommodation indicated in the Reservation by 11:00 a.m. In the event of a delay with handing over the cleaned unit by the Client, the Accommodation Provider shall be entitled to charge the Client a contractual penalty of CZK 500 (in words: five hundred Czech crowns) for each hour of delay in handing over the cleaned up unit.
10.2 The Accommodation Provider shall not be liable for damage to the Client’s electric appliances or electronic devices and for any mistakes or incorrect information about events or services organised by other parties.
10.3 No parking space at the Sporthotel Zátoň are monitored or have security. The Accommodation Provider also does not provide any supervision over the Clients’ vehicles and/or their content.
10.4 By checking the “Consent to receiving commercial communication through electronic means pursuant to Act No. 480/2004 Coll. and to having my personal data processed for such purposes” field on the reservation form located on the website www.sporthotel-zaton.cz and sending the form:
(i) I confirm that all personal data indicated in the reservation from are true and accurate, that I have been informed about my rights relating to the handling of my personal data, particularly about my rights pursuant to Sections 11, 12, and 21 of Act No. 101/2000, on the protection of personal data, as amended (the “Personal Data Protection Act”), that the provision of data is voluntary, that I can withdraw my consent at the Company’s address at no charge, that I have the right to access my personal data and to have such data corrected, incorrect personal data blocked, deleted etc. and that I have the right to turn to the Office for Personal Data Protection should I suspect that my rights are being violated
(ii) I grant consent, based on prior information, to:
- having my personal data processed in accordance with the Personal Data Protection Act by the Accommodation Provider, as the controller, or other persons that the Accommodation Provider concludes an agreement with to act as processors pursuant to Section 6 of the Personal Data Protection Act, which includes providing such data, through access or disclosure, to such processors and to persons cooperating with the Accommodation Provider based on an agreement in accordance with Section 14 of the Personal Data Protection Act
- in the scope of my name, surname, address, telephone number and e-mail address specified by me on the Reservation Form
- for an indefinite period of time or until such time that I withdraw or refuse consent or I express my disagreement with such processing
- for business and marketing purposes, especially offers of business, services, products and information about events and activities provided by the Company, as well as for the dispatch of commercial communications through electronic means according to Act No. 480/2004 Coll., on certain information society services, as amended (the “IS Services Act”)
I consent to the electronic contact information that I indicated on the Reservation Form being used the purpose of disseminating commercial communications in accordance with the IS Services Act (i.e., to my receiving commercial communications through electronic means from the Accommodation Provider), which includes commercial communications pertaining to products, services, goods and activities of the Accommodation Provider.
11.1 In accordance with Section 1751 et seq. of the Civil Code, these GBTC shall regulate the procedure for concluding an accommodation agreement between the Client and the Accommodation Provider and drafting the content thereof. These GBTC shall also form an integral part of such agreement.
11.2 If these GBTC require that the transactions be executed in writing, this requirement shall be deemed fulfilled if executed in the form of a letter, fax or e-mail.
11.3 These GBTC may be amended in full and to an unlimited extent by the Accommodation Provider in electronic form. If such amendment occurs, the new version of the GBTC shall be placed on the Accommodation Provider’s website www.sporthotel-zaton.cz and sent to the Client with whom the Reservation process is underway. Amendments to these GBTC shall take effect at the moment the new version of the GBTC is published or delivered to the Client. In the event that the Client disagrees with the published amendment of the GBTC, the Client shall be obliged to inform the Accommodation Provider about such disagreement in writing within two days of receiving the amendments to the GBTC. The relationship between the Client and Accommodation Provider and the mutual rights, obligations and conditions shall be governed by those GBTC sent to the Client along with the Reservation.
11.4 If any provision of these GBTC are found to be invalid, they are fully severable from the other provision of these GBTC and as such, the invalid provision shall be without prejudice to the validity and enforceability of any other provisions of these GBTC.
11.5 The Client and the Accommodation Providers shall undertake to observe Czech legal regulations, good morals and customs in the area of providing accommodation services with respect to all issues and matters not covered by these GBTC, and attempt to resolve any disputes amicably first.
11.6 These GBTC shall be effective as of 1 January 2017.