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HOTEL DIANA · KARVINÁ

General terms and conditions of SW Kosmos s.r.o. for accommodation contracts at Hotel Diana in Karviná

This is a courtesy translation. Only the Czech version is legally binding.

These general terms and conditions govern the rights and obligations of SW Kosmos s.r.o., registered office at Univerzitní náměstí 1935/1, 733 01 Karviná, Czech Republic, company ID (IČO) 281 46 166, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 57483 (the “Provider”), and its customers arising from the accommodation contract (the “Contract”).

1. Subject of the Contract

1.1 The customer is:

  • the Client – a natural or legal person entering into the Contract; the Client need not also be a guest;
  • the Guest – a natural person entitled to use the accommodation under the Contract.

1.2 Under the Contract, the Provider undertakes to provide accommodation for the customer.

1.3 The customer undertakes to pay the Provider the price of the accommodation.

1.4 The accommodation is provided at the Provider’s establishment, Hotel Diana, Univerzitní nám. 1935/1, 733 01 Karviná.

2. Conclusion of the Contract

2.1 The Contract is concluded at the moment the Provider confirms a binding booking to the Client. A binding booking is:

  • confirmation of the booking in e-mail correspondence;
  • submission of a booking in the Provider’s online booking system at www.hotelkarvina.cz;
  • any other express acceptance of the Provider’s offer by the Client, recorded in e-mail, telephone or other communication, for example via the booking.com portal.

2.2 The Contract takes effect upon payment of a deposit or the full price of the accommodation within three days of the conclusion of the Contract, unless agreed otherwise.

2.3 By concluding the Contract, the customer confirms that:

  • they have received these general terms and conditions, which form an integral part of the Contract, that they and the other guests have read them and that all guests agree to them;
  • they are authorised to conclude the Contract not only on their own behalf but also on behalf of the persons who have evidently authorised them to do so. If the Client concludes the Contract for the benefit of third parties, the Client is responsible for fulfilling the obligations under the Contract, including timely payment of the accommodation price and passing on the necessary information. If the Client concludes the Contract for the benefit of a person under 18, the Client declares that they are that person’s legal guardian or have the consent of the legal guardian, where the minor’s own consent is not sufficient.

3. Price and payment

3.1 The price of the accommodation, including additional services, is stated in the online booking system, in the offer sent to the guest by e-mail or given by telephone. Prices include VAT.

3.2 In addition to the accommodation itself, the price includes breakfast and parking only if expressly stated in the booking. If not, the guest may purchase these services on site, subject to availability.

3.3 The price of the accommodation includes the local accommodation fee and any other public charges.

3.4 Unless agreed otherwise, the Client undertakes to pay the price of the accommodation as follows:

  • a deposit of 30% of the accommodation price no later than three days after the conclusion of the Contract, in cash, by bank transfer or by card;
  • the balance of the accommodation price and any other services purchased on site upon departure, no later than 10:00 on the day of departure. The balance can be paid in cash or by card at the hotel reception.

3.5 The customer may also pay for services with vouchers issued by the Provider, or in any other way accepted by the Provider.

4. Changes to the Contract

4.1 An increase in the number of guests is subject to the Provider’s consent.

4.2 A reduction in the number of guests constitutes a partial withdrawal from the Contract and is governed by the cancellation terms in Article 5.

4.3 A change of dates constitutes a proposal to amend the Contract, which the Provider need not accept.

5. Cancellation before arrival

5.1 The customer has the right to withdraw from the Contract before the start of the stay without giving a reason.

5.2 If the customer withdraws from the Contract before arrival, they must pay the Provider the following cancellation fee:

  • Cancellation up to 5 days before arrival: 0% of the total price
  • Cancellation 4 to 1 days before arrival: 50% of the total price
  • Cancellation on the day of arrival or no-show: 100% of the total price of the stay
  • In exceptional situations, we assess cancellations individually.

5.3 If the deposit paid does not cover the applicable cancellation fee, the customer must pay the difference between the cancellation fee and the deposit paid. If the deposit paid exceeds the applicable cancellation fee, the Provider will refund the difference to the bank account from which the payment was received, or in cash at the hotel reception.

5.4 Concern about travelling or a worsened epidemiological situation is not a reason for free cancellation by the customer. However, closure of the hotel is a reason to change the dates of the stay or to refund the amount paid.

6. Termination after arrival

6.1 Once the guest has started the stay, they have the right to terminate the Contract before the agreed period ends.

6.2 Likewise, the Provider has the right to terminate the Contract before the agreed period ends without notice if the guest, despite a warning, seriously breaches their obligations under the Contract or good morals.

6.3 If the guest or the Provider has withdrawn from a Contract under which partial performance has already been provided, the guest must pay the full price of the accommodation.

7. Rights and obligations of the customer

7.1 The customer’s basic rights include in particular:

  • the right to have the accommodation duly provided,
  • the right to claim for defective performance,
  • the right to withdraw from or terminate the Contract in accordance with these general terms and conditions.

7.2 The customer’s basic obligations include in particular:

  • to pay the agreed price of the accommodation,
  • to follow the instructions of the Provider and its staff,
  • to report any shortcomings of the accommodation to the Provider on site without delay,
  • to behave so as to prevent damage and to compensate for any damage caused,
  • to obtain the consent of a legal guardian for the accommodation of a minor not accompanied by a legal guardian.

8. Rights and obligations of the Provider

8.1 The Provider’s basic rights include in particular the right to be paid the price of the accommodation.

8.2 The Provider’s basic obligation is to provide accommodation in accordance with the Contract.

9. Defective performance (complaints procedure)

9.1 The customer must notify the Provider of defective performance without undue delay after discovering it, and no later than 4 months after the end of the stay.

9.2 The Provider will issue the customer with written confirmation of when the claim was made, what it concerns and how the customer wishes it to be resolved; and further confirmation of the date and manner of resolution, or written reasons for rejecting the claim.

9.3 If the defect can be remedied, the Provider will remedy it on the spot.

9.4 If the defect cannot be remedied on the spot, the Provider will decide on the complaint immediately, or within three working days in complex cases. This period does not include the time needed for an expert assessment of the defect. The complaint, including remedying the defect, must be resolved without undue delay and no later than 30 days from the date it was made, unless the Provider and the customer agree on a longer period.

10. Final provisions

10.1 In the event of a dispute arising in connection with a contract governed by these terms, a customer who is a consumer has the right to out-of-court resolution through the Czech Trade Inspection Authority (Česká obchodní inspekce). Details of the conditions for out-of-court dispute resolution are available at www.coi.cz.

10.2 A customer who is a consumer and has purchased goods or services online may use the online dispute resolution platform. More information on online dispute resolution is available athttp://ec.europa.eu/odr.

10.3 Customers from other European countries who are consumers may use the European Consumer Centres Network to resolve a dispute. More information is available here.

10.4 Matters not covered by these general terms and conditions are governed by Czech law, in particular the relevant provisions of Act No. 89/2012 Coll., the Civil Code.

10.5 These general terms and conditions are valid and effective for Contracts concluded from 1 January 2023.