1. Introductory provisions
1.1. These general business conditions (hereinafter referred to as "business conditions") govern the mutual contractual relations between the operator of the hotel "Wellness Hotel Lužan" (hereinafter "hotel") - the company TIBET sro, ID: 25015524, VAT: CZ25015524, with its registered office at Náměstí Lužické 212/16, 40801 Rumburk, registration in the Commercial Register, file no .: C 29050 kept at the Regional Court in Ústí nad Labem (hereinafter referred to as the "landlord") and guests to whom the landlord provides temporary accommodation in the hotel and at the same time to such persons interested in temporary accommodation in a hotel (hereinafter referred to as "guest").
1.2. By concluding an accommodation contract between the landlord and the guest in the sense of the provisions of § 2326 et seq. disciple. No. 89/2012 Coll., Civil Code, as amended (hereinafter also referred to as "Trademark"), on the basis of which the landlord provides temporary accommodation for the agreed period or for the period resulting from the purpose of accommodation in the hotel, the guest undertakes accommodation and related services to pay the price according to the current price list of the accommodation provider, under the conditions specified in the accommodation contract and these business conditions (hereinafter also referred to as the "contract").
1.3. By concluding the contract, the guest undertakes to respect the rights and obligations of the accommodated person according to these business conditions. Business conditions are listed on the landlord's website www.hotelluzan.cz
2. Ordering and booking accommodation
2.1. Ordering accommodation and related services can be made in writing, either by mail to the address of the landlord or by e-mail to info@hotelluzan.cz, or by filling out and sending the form on the landlord's website. Accommodation can also be ordered by phone, but in this case the order is considered accepted only after its subsequent written confirmation by the guest.
2.2. The order must contain the following information:
a) name and surname of the guest,
b) date of accommodation,
c) contact details of the guest: telephone number, e-mail, address of permanent residence,
(d) the number of persons and the requirements for the related services.
2.3 The guest has the opportunity to check the information before sending the order and to supplement or change this information before sending the order. By sending the order, the guest consents to the use of means of distance communication when concluding the contract. Before sending the order via the form on the website, the guest confirms that he has read these terms and conditions and decides to grant consent to the processing of personal data.
2.4. After receiving the order from the guest in one of the above ways, the landlord will process the order and confirm it in the form of a booking confirmation, which will specify the payment terms. By confirming the order by the landlord, an accommodation contract is concluded to the extent specified in the booking confirmation. The landlord is also entitled to reject the order or suggest to the guest its modification.
2.5.In addition to the above method of concluding a contract with the landlord, the guest has the opportunity to conclude a contract in paper form at the place of accommodation, even without prior order. In such a case, the landlord and the guest will adjust their mutual rights and obligations in the form of an accommodation contract, which will contain the complete conditions agreed between the landlord and the guest. In the event that the landlord and the guest enter into a contract in paper form, this contract fully replaces all previously agreed obligations between the parties.
2.6. The guest is also entitled to place the order for himself or for the benefit of a third party. In the event that the guest does not place an order for himself, he undertakes to always inform the landlord in advance and at the same time provide the third party with the necessary documents for negotiations with the landlord, by which the third party proves that the accommodation order was made in his favor. If the guest does not fulfill this obligation, the landlord has the option to withdraw from the accommodation contract. In such a case, the contract is terminated from the beginning, except for those provisions that aim to protect the rights and claims of the landlord (for example, the right to compensation for damage, lost profits and agreed contractual penalties). These terms and conditions apply in full to the relationship between the landlord and the person for whom the guest agreed on the accommodation, in which case the guest is obliged to acquaint such third party in advance with the terms and conditions.
2.7. The rights and obligations of the contracting parties not expressly regulated by the contract are governed by these terms and conditions and the current price list available through the website of the accommodation provider. If the contract stipulates anything other than these terms and conditions, the contract shall apply.
2.8. The accommodation provider also provides other additional services to the accommodation, such as room cleaning or vehicle parking. The specification of additional services is listed on the website of the accommodation provider (hereinafter referred to as "related services").
3. Accommodation prices and payment terms
3.1. The price of accommodation is determined according to the current price list of the landlord. The current price list is available through the landlord's website and on request at the hotel reception. The landlord reserves the right to adjust prices depending on changes in legal and especially tax regulations, as well as due to the so-called "force majeure", if such circumstances occurred in the period since receipt of the order. In such a case, the landlord is obliged to notify the guest of the price adjustment, including its justification, without undue delay, at the latest before the accommodation.
3.2. The price for accommodation is payable according to the payment conditions stated in the booking confirmation and is paid in full at the time of arrival. In case of delay of the guest with the payment for accommodation, the landlord has the right to withdraw from the contract.
3.3. The accommodation provider may offer the guest a discounted price of accommodation with the option of paying the price of accommodation in advance. If the guest chooses this option, the landlord may request payment in advance up to the full price of accommodation (hereinafter "deposit"). In this case, the guest is obliged to pay a deposit in accordance with the payment terms stated in the booking confirmation. In the case of ordering accommodation through a web form, the guest directly has the option of choosing a discounted price of accommodation, if this option is currently in the offer of the accommodation provider.
3.4.Reservation of accommodation becomes binding after payment of the deposit. Payment means crediting the relevant amount to the bank account of the accommodation provider, unless otherwise agreed. If the deposit is not duly and timely paid by the guest, the landlord reserves the right to withdraw from the accommodation contract and cancel the reservation.
3.5. If the landlord states in his offer a discount from the original price, then the price after the discount always applies. Discounts cannot be combined with each other.
3.6.The landlord may require the payment of a refundable deposit in the amount of the monthly payment for accommodation. The refundable deposit is intended to cover possible damages caused by the guest in the hotel or to pay out amounts due, late fees and other claims of the landlord against the accommodated. The landlord's claims against the accommodated person can be paid from this refundable deposit. The landlord undertakes a refundable deposit, respectively. its amount remaining after the satisfaction of the landlord's claims, return to the accommodated in cash at the proper handover of the room by the accommodated, or cashless transfer to the guest's account no later than 10 working days from the date of handing over the room to the accommodated.
4. Cancellation of the reservation, withdrawal from the contract before boarding the accommodation, non-arrival to use the accommodation
4.1. The guest is entitled to withdraw from the contract for accommodation and accommodation reservation no later than before the day of arrival for the accommodation, even without giving a reason. In such a case, the guest is obliged to deliver a written notice of withdrawal from the contract to the accommodation provider. Upon withdrawal from the contract, the guest pays a fee for the cancellation of the accommodation contract (hereinafter referred to as "cancellation fee") according to the following conditions:
a) If the reservation is canceled more than 48 hours before 2.00 pm on the day of arrival (arrival on Wednesday, cancellation on Monday before 14:00) no cancellation fee will be charged.
b) If the reservation is canceled one day before arrival, a cancellation fee of 1 night will be charged. In the case of discounted packages, a cancellation fee of 30% of the package price is charged.
c) In case of cancellation on the day of arrival or in case of "no show", a cancellation fee of 100% of the price of the stay will be charged.
This does not apply if the guest informed the landlord about the later start of the accommodation well in advance, but not later than 1 day before the planned start of the accommodation. The conditions set out in paragraph 2.1 of these terms and conditions shall apply mutatis mutandis to the form of notice.
4.3. Cancellation conditions for group bookings are solved individually.
5. Accommodation of guests
5.1.Accommodation of guests in the hotel takes place in the period from 14:00 to 20:00, unless the landlord and the guest agree otherwise. The guest can be accommodated after 20:00, if agreed with the landlord in writing in advance.
5.2. The guest will report his arrival at the hotel reception to the authorized employee of the accommodation provider. The number of guests in the agreed room corresponds to the number of people stated in the booking confirmation or in the accommodation contract. The guest undertakes to notify the landlord in advance of any change in the number of guests upon arrival at the accommodation. The landlord reserves the right not to accommodate unannounced persons, including children. Accommodation of pets is subject to the prior written consent of the landlord and is charged according to the price list of services of the landlord.
5.3. Upon arrival, the guest must present an identity document (such as an identity card, travel card, or residence permit) at the hotel reception, according to which the hotel reception will verify the guest's identity. The guest confirms the accuracy of his personal data and the time of accommodation by signing the hotel registration card or in the accommodation book of the accommodation provider. The landlord writes the guest's identification data from the document in the guest book. The period of accommodation can be extended only with the consent of the landlord and must be extended by entry in the accommodation book of the landlord.
5.4. Upon arrival, during or at the end of the accommodation, the guest pays the price of accommodation according to Article 3 of these terms and conditions. After paying the price of accommodation, the landlord will issue a tax document for the relevant payment, which he will hand over or send to the guest.
5.5.Before starting the accommodation, the landlord is entitled to ask the guest to present a valid payment card, its authorized holder will be the guest, in order to perform a preliminary authorization (blocking) payment of the estimated price of accommodation and related services. The guest agrees that at the end of the accommodation, the landlord can bill the final price of accommodation and related services through the guest's bank account. By presenting the payment card, the guest agrees to provide the payment card details to the accommodation provider (card type / issuer, holder / owner, expiration date, card number, card security code), which are required to pre-authorize payment in the amount of the estimated price of accommodation and related services (purpose provision).
5.6. Upon arrival to the accommodation, the landlord will hand over the room keys to the guest, resp. magnetic or chip card (hereinafter referred to as "keys"). The guest is obliged to notify the landlord of the loss of keys without undue delay. The keys are the property of the landlord and in case of their loss, the guest is obliged to pay the costs that the landlord will be forced to spend to eliminate the consequences of losing the keys. The guest acknowledges that he must not allow the use of the keys by third parties who are not covered by the accommodation contract.
6. Accommodation rules
6.1. The guest has the right to use the agreed room for the agreed period, including the common areas of the hotel and related services. The guest is obliged to maintain order and cleanliness in the room. In addition, he undertakes to treat the landlord's property with care and to protect the room equipment from damage. The guest is obliged to immediately notify the landlord of any defects or damage to the room, room equipment and common areas of the hotel.
6.2.The guest undertakes to maintain a quiet night in the room and common areas from 22:00 to 06:00, and not to disturb third parties with excessive noise. Visits to the room can only be accepted after prior notice at the landlord's reception, from 08:00 until 22:00 and in the hotel's common areas.
6.3.When leaving the room, close the water taps properly, turn off the lights, turn off electrical appliances that are not used during the guest's absence, and close the windows in the room.
6.4.The guest and accompanying persons undertake to comply with the following rules:
a) the guest will not make significant changes in the room, such as moving equipment to other rooms, taking away room equipment
b) the guest will not bring into the hotel and store in the room appliances that are not intended for personal hygiene or office work;
c) the guest will not pollute the common areas and the surroundings of the hotel;
d) the guest will not modify or replace the door locks;
e) the guest will not use an open fire and smoke in the room or hotel;
f) the guest will not allow third parties to enter, stay and sleep in the room or hotel;
g) the guest will not bring flammable, explosive and inflammable substances, weapons, ammunition, poisons, drugs (including marijuana), bulky items, gas appliances, electric direct heating appliances, electric hotplates into the hotel and store in the room;
h) the guest will not keep animals of all species in the room without prior agreement with the landlord, in which case the landlord may require the guest to prove the health status of the animal by means of a valid vaccination card;
(i) the guest will not make copies of the keys or lend them to third parties;
j) the guest will not remove his equipment from the room or hotel;
k) the guest will not interfere with electricity, water, data networks and central heating;
l) the guest will not state the address of the hotel as his place of business or permanent residence;
6.5. In case of violation of the rules according to paragraph 6.4. of these terms and conditions, the guest undertakes to pay a contractual penalty of CZK 2,000 for each individual violation of the rules in the event of a violation of the rules pursuant to letter a) to c) paragraph 6.4., a contractual fine of CZK 5,000 for the case of violation of the rules according to letter d) to f) paragraph 6.4., and / or a contractual penalty in the amount of CZK 10,000 in case of violation of the rules according to letter g) to l) paragraph 6.4. these terms and conditions. The guest can also pay the contractual penalty in an adequate amount in EUR according to the hotel's exchange rate list. The provision in question on the payment of contractual penalties is made available to guests by the landlord on the hotel's website and on request by the hotel receptionist.
7. Safety and liability for damage caused
7.1. Upon entering the accommodation, the guest undertakes to familiarize himself with the safety rules and evacuation plan in case of fire. These documents are made available by the landlord at the hotel reception, on each floor of the hotel and on request from the hotel receptionist.
7.2. The guest and the persons accompanying him undertake to place and at the same time secure personal (brought) items in such a way that they cannot be lost or stolen. The guest acknowledges that the items brought in are not insured by the landlord and the landlord is not responsible for things that have no relation to the guest or the persons accompanying him. If the items brought in are lost or stolen as a result of the actions or gross negligence of the guest or the persons accompanying him, the landlord is not liable for any damage. The landlord's liability for damage to items brought in is limited to one hundred times the price of accommodation in one day. The guest must claim compensation for damage to the items brought to the accommodation provider without undue delay, no later than fifteen days after the day on which he became aware of the damage. After the expiration of this period in vain, the landlord has the right to reject the right to compensation. The landlord's liability for matters brought in matters not regulated by these terms and conditions is governed by the relevant provisions of the Civil Code and related legislation of the Czech Republic.
For maximum guest comfort, the hotel rooms are equipped with safes for storing personal valuables. The landlord is not responsible for the valuables of guests in the rooms (money, jewelry, securities, credit cards, computers, tablets, cameras, etc.), unless they are stored in a safe. Money, jewelry, securities, credit cards, computers, tablets, cameras, etc. in the value of up to 10,000 CZK, the guest is obliged to store in a safe in the hotel room. Valuables with a value exceeding 10,000 CZK are strongly recommended to be stored in the hotel safe, otherwise the landlord is not responsible for their loss.
If the guest requests, the landlord will take funds, jewelry or other valuables from him. The landlord is entitled to refuse to accept custody in respect of dangerous goods or the value and scope disproportionate to the accommodation facility. These are mainly funds or things (jewelery and other valuables), the value of which exceeds the amount of CZK 100,000. The landlord requires that things be stored for safekeeping in a closed or sealed box. The guest will ask the hotel to take the items for safekeeping through the reception staff. In case of loss, the guest immediately contacts the reception, which will arrange for the police to be called. The hotel is not responsible for the loss of valuables not placed in safes or handed over to an authorized hotel employee.
7.3.When staying in a hotel, the guest must act in such a way that there is no unjustified damage to the freedom, life, health or property of the guest, the persons accompanying him, the accommodation provider and third parties. The guest undertakes to reimburse the accommodation provider for damages caused by the guest, accompanying persons or third parties to whom the guest allowed access to the hotel and / or room, in the form of cash payment at the hotel reception or from a bank account via payment card according to para. 5.5 of these terms and conditions. In such a case, the guest is obliged to provide the accommodation provider with the necessary cooperation in compensation for damage through a payment card and gives consent to the use of payment card information to make a payment from the guest's account to compensate for the damage.
7.4. If a guest is provided with a parking space in the hotel car park for a fee, no custody agreement or any similar arrangement arises and the sole contractual obligation of the landlord in this regard is to allow the guest to temporarily use the parking space. The price of the parking fee is governed by the valid price list of the hotel. The landlord is not responsible for the loss or damage of a vehicle parked or moving in the parking lot, for the loss or damage of its contents and for damage caused to persons and animals, nor is it responsible for damage caused by accident or force majeure and vandalism. The landlord is not liable for damages caused exclusively by other guests or other third parties.
8. Complaints
8.1. The guest is obliged to file a possible complaint about accommodation or related services immediately after finding out the defect at the landlord's reception, so that a remedy can be arranged. The landlord is obliged to eliminate the defect or deficiency without undue delay in a manner appropriate to the situation. If it is not possible to arrange a remedy in this way, the landlord will write a report on the complaint together with the guest, which states the subject of the complaint and the statement of the landlord, or the receptionist's receptionist. Late and unjustified complaints will not be taken into account. In the case of different opinions of the accommodation provider and the guest, on the basis of which it will not be possible to unambiguously resolve the complaint, the guest agrees that the resolution of the complaint belongs to the accommodation provider.
8.2. The landlord is obliged to handle the complaint no later than 30 days from receipt of the complaint with a proposed solution or rejection of the complaint with proper justification.
8.3. The subject of the complaint may be only non-functional equipment, significant technical defects, poor quality services, or related services to an incomplete extent, if these services were part of the contractual relationship.
8.4. If the guest does not use the booked and booked accommodation or related services for reasons on his part, he is not entitled to compensation or a discount on the price of accommodation and related services.
8.5. The guest is obliged to report complaints about accommodation and related services only during their use. Complaints made after the end of the accommodation and the use of related services will not be taken into account due to the nature of the services provided.
9. Protection of personal data
9.1 The accommodation provider is the administrator of personal data in the sense of Act no. No. 101/2000 Coll. on the protection of personal data and amending certain laws, as amended, and Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement movement of such data and repealing Directive 95/46 / EC (hereinafter "the Regulation"). Identification and contact details of the accommodation provider as the administrator of personal data are given in paragraph 1.1. these terms and conditions.
9.2 For the purpose of negotiating, fulfilling and enforcing rights under the accommodation contract, the accommodation provider processes the personal data of guests, which are (i) name and surname, (ii) identification marks such as date of birth and address of permanent residence, and (iii) contact data such as correspondence address, telephone number and e-mail address. The landlord keeps this personal data for a period of 3 years from the termination of the performance of the accommodation contract.
9.3. For the purpose of the legal obligation to keep a record book in writing pursuant to the provisions of Section 3, Paragraph 4 of Act no. No. 565/1990 Coll., on local fees, as amended, processes personal data of guests, which are (i) name and surname, (ii) address of place of permanent residence or place of permanent residence abroad, (iii) civil number the card or travel document of the natural person to whom the accommodation is provided. The landlord keeps this personal data for a period of 6 years from the last entry
9.4. The landlord for the purpose of the legal obligation to keep a house book according to the provisions of § 100 letter f) and § 101 of Act no. No. 326/1999 Coll., on the stay of foreigners in the territory of the Czech Republic and on the amendment of certain acts, as amended, processes personal data of guests who are not citizens of the Czech Republic, which are (i) name and surname, (ii) day, month and year of birth, (iii) citizenship, (iv) travel document number, (v) visa number, (vi) permanent residence abroad. The landlord keeps this personal data for a period of 6 years from the last entry. The landlord is obliged to keep the documentary documents replacing the house book for a period of 6 years from the end of the foreigner's accommodation.
9.5. Personal data will be processed automatically and in electronic form. In the case of concluding a contract for accommodation and other documents in paper form, the landlord is entitled to process personal data mechanically in paper form. The landlord will not provide or in any way make the obtained personal data available to a third party without the consent of the accommodated person, except in cases where the obligation to provide data is required by law.
9.6.The guest is entitled to request access to his personal data, their correction or deletion, restrictions on processing or transfer of personal data. In case of doubt about the proper conduct of the landlord, he has the right to apply to the Office for Personal Data Protection, with the seat of Lt. Col., with a request to review the landlord's procedure. Sochora 27 170 00 Prague 7, www.uoou.cz, e-mail: posta@uoou.cz (hereinafter "ÚOOU").
9.7.For applications pursuant to paragraph 9.6. of these terms and conditions, the landlord provides information to guests without undue delay, within one month of receiving the request. If necessary and taking into account the complexity and number of requests, the landlord may extend this period by another two months, the guest is informed of such an extension within one month of receiving the request, together with the reasons for this postponement. If the guest submitted the request in electronic form, the landlord will also provide information in electronic form, if possible and unless the guest has requested another method.
9.8.If the landlord rejects the guest's request for personal data protection, he / she shall inform him / her within one month from the receipt of the relevant request and state the reasons leading to the rejection of the request. In such a case, the guest is entitled to file a complaint with the ÚOOU and / or a petition to the competent court.
9.9. All information and actions within the meaning of Article 9 of these terms and conditions are provided and made free of charge by the landlord, except in cases where the submitted requests are clearly unfounded or disproportionate, especially because they are repeated, then the landlord is entitled to either claim the costs associated with processing the request or refuses to comply with the request.
9.10. In the event of a breach of personal data security and this case of breach will result in a high risk to the rights and freedoms of guests, the landlord will notify the guests of this breach without undue delay.
10. Termination of accommodation
10.1.Accommodation of the guest ends on the last day of the period for which the price of accommodation was paid, unless the guest agrees otherwise in writing with the accommodation provider.
10.2. The landlord is entitled to terminate the guest's accommodation and terminate the contract, even without notice and the guest's right to a refund of the price of accommodation and related services, under the following conditions:
a) the guest or the persons accompanying him seriously violates the obligations arising from the contract, these terms and conditions, or the landlord's price list, or otherwise seriously violates good morals in the hotel, damages the landlord's property, disturbs public order or grossly harasses third parties, on the condition that the guest was notified of this possibility by the landlord in advance and did not eliminate the defective condition himself;
(b) the health status of the guest or accompanying persons endangers the health of third parties.
10.3. In the event that the guest terminates the accommodation before it has been agreed with the landlord, or the conditions according to paragraph 10.2 are met. of these terms and conditions, the landlord has the right to pay the full price for accommodation and related services.
10.4. On the day of the end of the accommodation, the guest will vacate the room no later than 10:00 am, unless otherwise agreed in writing with the landlord in advance. The guest is obliged to hand over the room to the landlord in the condition in which he took it over. If the guest does not hand over the room in the condition in which he took it over, he is obliged to pay the landlord compensation for the damage incurred in accordance with paragraph 5.5. these terms and conditions.
10.5.At the end of the accommodation, the guest locks the room and hands over the keys at the hotel reception, unless otherwise agreed with the landlord.
10.6.If the guest does not vacate the room within the specified time, the landlord is entitled to charge another night or move the guest's personal belongings, thus ensuring that the rights of other guests are not restricted. If the guest does not arrange for the takeover of personal belongings without undue delay after being invited to do so by the landlord and at the same time does not fulfill all his previous obligations to the landlord, he is considered unwilling to exercise property rights or retained property and agrees with by the landlord disposing of these items as the owner at his discretion.
11. Final provisions
11.1. The landlord reserves the right in exceptional cases to offer the guest a different accommodation than originally agreed, if it does not differ significantly from the accommodation according to the booking confirmation.
11.2. The accommodation provider may extend the guest's accommodation only if he has free capacity in the hotel.
11.3. Legal relations arising from the fulfillment of these business conditions are governed by the law of the Czech Republic with the exclusion of conflict of law rules, in particular Act No. 89/2012 Coll. Civil Code, as amended. All disputes will be settled by agreement; if the landlord and the guest do not agree, they will be resolved at the District Court for Prague 5.
11.4. These Business Conditions are an integral part of the booking confirmation and form part of the contract in the sense of the provisions of § 1751 paragraph 1 of the Civil Code. The guest is obliged to get acquainted with the business conditions before ordering accommodation. The landlord provides the conditions for this through its website, booking form and on request. The business conditions enter into force and effect on 1.2.2019. Changes and additions to these terms and conditions may be individually adjusted between the landlord and the guest exclusively in writing.