General Terms and Conditions
- These Terms and Conditions apply to contracts for the rental of hotel rooms for the purpose of accommodation and to all other services and supplies provided to the customer by the hotel (hereinafter referred to as “hotel”).
- Any subletting of the rented rooms and their use for any purpose other than accommodation requires prior written approval from the hotel.
- The customer’s Terms and Conditions shall apply only if expressly agreed in writing in advance.
II. Conclusion of the Contract, Contracting Parties; Statute of Limitations
- The contract comes into effect when the hotel accepts a customer’s request. At its discretion, the hotel may confirm the room reservation in writing.
- The contracting parties are the hotel and the customer. If a third party has made the reservation on behalf of the customer, such third party and the customer shall be jointly and severally liable for all obligations arising from the Hotel Accommodation Contract, provided that the hotel has a corresponding statement by the third party.
- All claims against the hotel shall generally be time‐barred one year after the commencement of the statutory limitation period. Claims for damages shall be time‐barred after two years, independent of knowledge. The reductions of limitation periods shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, Prices, Payment, Set-Off
- The hotel is obliged to keep the rooms available that have been reserved by the customer and to render the services agreed upon.
- The customer is obliged to pay the agreed or applicable prices of the hotel for the rooms provided and any other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer. The prices agreed upon include applicable VAT.
- In case the customer wishes to reduce the number of rooms reserved, the services ordered from the hotel or the length of stay, the hotel can make its agreement dependent on an increase of the price for the rooms and/or the other hotel services.
- Hotel invoices without a due date are payable in full within ten days of receipt. The hotel shall be entitled, at any time, to make accumulating accounts receivable due and payable and to demand immediate payment from the customer. In the event of default in payment, the hotel shall be entitled to demand interest in the amount of 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove that the damage incurred exceeds this amount.
- The hotel shall be entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package holidays, the statutory provisions shall remain unaffected.
- In justified cases, e.g. the customer’s default in payment, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the customer’s stay, to require an advance payment or security deposit within the meaning of the above‐mentioned No. 6 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed payment.
- Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to require a reasonable advance payment or security deposit from the customer within the meaning of the above‐mentioned No. 7 for existing and future accounts receivable from the contract, provided such payment has not yet been made pursuant to the above‐mentioned No. 6 or No. 7.
- The customer may only offset or reduce a claim by the hotel or exercise a right of retention in this respect against a claim that is uncontested or final.
IV. Cancellation by the Customer (i.e. different types of cancellation)/ Non-‐Utilisation of Hotel Services (No-‐Show)
- The customer’s cancellation of the contract concluded with the hotel requires the written consent of the hotel. If this is not provided, the agreed price defined in the contract must be paid even if the customer does not use the services detailed in said contract. In this case, the corresponding invoice will be issued with VAT. If a written consent to the customer’s cancellation is given by the hotel on condition that the customer must pay damages for the unused rooms, the corresponding invoice is issued without VAT. This is subject to changes in the administrative instructions by the tax authorities.
The provisions of the above paragraph do not apply when the hotel fails in its obligation to consider the rights and interests of the customer where the latter can no longer be expected to abide by the contract, or has any other statutory or contractual right to cancel.
- Where a date for a withdrawal from the contract has been agreed in writing between the hotel and the customer, the latter may withdraw from the contract up to that date without incurring pecuniary claims or damages on the part of the hotel. The customer’s right of withdrawal expires if he/she does not exercise his/her right to withdrawal in writing towards the hotel by the agreed date, unless Item IV, No. 1, sentence 6 applies. With regard to rooms not used by the customer, the hotel must credit the revenue from other rentals of the rooms as well as the expenses saved. If the rooms are not relet, the hotel may demand the agreed contractual payment and fix a lump sum with regard to deduction of the expenses saved on the part of the hotel. In this case, the customer is obliged to pay at least 90% of the agreed contractual rate for accommodation with or without breakfast, 70% for half-board and 60% for full board arrangements. The customer is at liberty to prove that the aforementioned claim did not accrue or did not accrue in the amount demanded.
V. Cancellation by the Hotel
- Where it has been agreed in writing that the customer may withdraw from the contract at no cost within a given period of time, the hotel shall, for its part, be entitled to withdraw from the contract within this period if it has received enquiries from other customers for the rooms reserved by contract and if the customer, when contacted by the hotel, does not waive his/her right to withdrawal.
- If an advance payment or security deposit agreed upon or demanded in accordance with the above Item III, No. 6 and/or No. 7 is not made, the hotel shall also be entitled to withdraw from the contract.
- Furthermore, the hotel shall be entitled to withdraw extraordinarily from the contract for objectively justifiable reasons, such as in the event that
- force majeure or other circumstances beyond the hotel’s control make the performance of the contract impossible;
- rooms are reserved under misleading or false pretences, e.g. regarding the identity of the customer or the purpose of his/her stay;
- the hotel has justified reason to believe that use of the hotel’s services could endanger the smooth running of the business, the security or the public reputation of the hotel without this being attributable to the hotel’s sphere of control or organization;
- above Item I, No. 2 is violated.
- In the event of justified cancellation by the hotel, the customer shall not be entitled to compensation for damages.
VI. Availability, Handover and Return of Rooms
- The customer does not acquire the right to the provision of specific rooms.
- Rooms that have been reserved are available to the customer from 3pm on the agreed day of arrival. The customer shall not be entitled to earlier availability.
- On the agreed day of departure, the rooms have to be vacated by 11am at the latest. After that time, the hotel may, due to late vacating of the room, charge the following fees for use beyond the limits of the contract: 50% of the full accommodation rate (list price) for use of the room until 6pm, 100% after 6pm. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel incurred no or a considerably lower loss.
VII. Liability of the Hotel
- The hotel is liable with the due diligence of a prudent businessman for its obligations arising from the contract. Claims for compensation on the part of the customer shall be excluded. This does not apply to damages resulting from injury to life, body or health where the hotel is responsible for the breach of duty and other damages that are due to an intentional or grossly negligent breach of duty by the hotel. A breach of duty by a legal representative or vicarious agent is deemed to be equivalent to a breach of duty by the hotel. Should any disturbances or deficiencies in services provided by the hotel arise, the hotel shall endeavour to resolve these as soon as it becomes aware of them or upon the customer’s complaint made without undue delay. The customer is obliged to take reasonable action to remedy the disturbances and to keep any possible damage to a minimum.
- The hotel’s liability towards the customer for property brought into the hotel is in accordance with the statutory provisions, i.e. up to one hundred times the room rate, not exceeding €3,500, and up to a maximum amount of €800 for cash, securities, and valuables. Cash, securities, and valuables up to this maximum value may be kept in the hotel safe. The hotel recommends making use of this service.
- If a parking space in the hotel garage or in a hotel car park is provided to the customer, this does not constitute a custody agreement, even if a fee is paid. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvring on hotel property and their contents, except in the event of intent or gross negligence. This shall also apply to vicarious agents of the hotel. Above No. 1, sentences 2 to 4 shall apply accordingly.
- Wake-up calls are made by the hotel with the utmost care. Messages, mail, and deliveries for the guests are handled with care. The hotel will deliver, hold and, for a fee, forward such items if requested. Above No. 1, sentences 2 to 4 shall apply accordingly.
VIII. Final Provisions
- Amendments or supplements to the contract, the acceptance of the request or these Terms and Conditions for the hotel accommodation must be made in writing. Unilateral amendments or supplements made by the customer are invalid.
- Place of performance and payment shall be the registered office of the hotel.
- The courts in Ostrava shall have exclusive jurisdiction for commercial transactions – also for disputes about cheques and bills of exchange. As far as a contracting party has no place of general jurisdiction in the Czech Republic, the courts at the location of the hotel’s registered office shall have jurisdiction.
- Czech law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and of the Law of Conflicts is excluded.Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. This also applies if these provisions are unintentionally incomplete. Furthermore, the statutory provisions shall apply.
Ostrava, April 2016