General terms and conditions of SW Kosmos s.r.o. For the accommodation contract at the Diana hotel in Karviné
These general terms and conditions regulate the rights and obligations of the company SW Kosmos s.r.o., with its registered office at Univerzitní náměstí 1935/1, 733 01 Karviná, IČO 281 469 166, registered in the commercial register maintained by the Regional Court in Ostrava, section C, file number 57483 (hereinafter “Accommodator”), and its customers from the accommodation contract (hereinafter referred to as the “Contract”).
1. Subject of the Agreement
1.1 The customer is:
– Customer – a natural or legal person concluding the Contract, while the Customer does not have to be a guest at the same time;
– Guest – a natural person who is entitled to draw accommodation according to the Agreement.
1.2 By contract, the Accommodation Provider undertakes to provide accommodation for the customer.
1.3 The customer undertakes to pay the accommodation price to the accommodation provider.
1.4 Accommodation is provided at the premises of the Host in Hotel Diana at the address Univerzitní nám. 1935/1, 733 01 Karviná.
2. Conclusion of the Contract
2.1 The contract is concluded at the moment when the Accommodation Provider confirms the binding reservation of the stay to the Customer. A binding stay reservation is considered to be:
– booking confirmation in e-mail communication
– by sending a reservation in the online reservation system of the Accommodation Provider at www.hotelkarvina.cz;
– other explicit consent of the Customer to the Accommodation Provider’s offer captured in e-mail, telephone or other communication, for example through the booking.com portal.
2.2 The Agreement is effective upon payment of the deposit or the entire price of the accommodation, within three days of the conclusion of the Agreement, unless otherwise agreed.
2.3 By concluding the Agreement, the Customer certifies that:
– he has been sent these general terms and conditions, which form an integral part of the Agreement, that he has familiarized himself and the other guests with these terms and conditions and that all guests agree to them;
– he is authorized to conclude the Contract, not only for himself, but also for persons who apparently authorized him to conclude the Contract. If the Customer concludes the Contract for the benefit of third parties, he is responsible for fulfilling the obligations under the Contract, including the timely payment of the accommodation price and the transfer of the necessary information. If the Customer concludes the Agreement in favor of a person under the age of 18, he declares that he is his legal representative, or that he has the consent of his legal representative, if the consent of the minor is not sufficient.
3. Price and payments for accommodation
3.1 The price of accommodation, including other additional services, is indicated in the online reservation system, in the offer sent to the guest by e-mail or communicated by telephone. Prices include VAT.
3.2 In addition to the accommodation itself, the accommodation price also includes breakfast and parking fees only if this is explicitly stated in the order. If this is not stated, the guest can purchase these services on site, provided they are available.
3.3 The accommodation price also includes the stay fee or other public fees.
3.4 Unless otherwise agreed, the Customer undertakes to pay the accommodation price as follows:
– deposit – 30% of the accommodation price no later than three days after the conclusion of the Agreement in cash, bank transfer or payment card;
– additional payment for the price of accommodation and other services purchased on the spot upon departure from the accommodation no later than 10 a.m. on the day of departure. The surcharge can be paid in cash or by card at the hotel reception.
3.5 The customer is entitled to pay for services also through vouchers issued by the Accommodation Provider, and in any other way, if the given method of payment is accepted by the Accommodation Provider.
4. Changes to the Agreement
4.1 An increase in the number of guests is subject to the consent of the Accommodation Provider.
4.2 A reduction in the number of guests represents a partial withdrawal from the Agreement and is governed by the cancellation conditions specified in Article V.
4.3 A change of date represents a proposal to change the Contract, which may not be accepted by the Accommodation Provider.
5. Cancellation conditions before starting accommodation
5.1 The customer has the right to withdraw from the Agreement before starting to use the accommodation without giving a reason.
5.2 If the customer withdraws from the Agreement before starting the accommodation, he is obliged to pay the following cancellation fee to the Accommodation Provider:
– When canceling the stay within 5 days before arrival: 0% of the total price
– When canceling a stay 4 – 1 day before arrival: 50% of the total price
– When canceling the stay on the day of arrival or in case of no-show: 100% of the total price of the stay
– In exceptional situations, we assess the cancellation individually.
5.3 If the paid deposit does not cover the respective cancellation fee, the customer is obliged to pay the difference between the cancellation fee and the paid deposit. If the paid deposit exceeds the relevant cancellation fee, the Accommodation Provider will return the difference between the paid deposit and the cancellation fee to the bank account from which the payment was received, or in cash at the hotel reception.
5.4 Fear of travel or a worsening epidemiological situation are not grounds for free cancellation by the customer. However, the closing of the hotel is a reason for changing the date of stay or returning the funds paid.
6. Cancellation conditions after starting accommodation
6.1 If the guest has already entered the accommodation, then he has the right to terminate the Agreement before the agreed period of accommodation has expired.
6.2 The lodger in the same has the right to terminate the Agreement before the expiry of the agreed period without a notice period, if the guest grossly violates his obligations under the Agreement or good morals despite the warning.
6.3 If the guest or the Accommodation Provider withdraws from the Agreement, on the basis of which partial performance has already been provided, the guest is obliged to pay the full price of the accommodation.
7. Rights and obligations of the customer
7.1 The basic rights of the customer include in particular:
– the right to proper accommodation,
– the right to exercise rights from defective performance,
– the right to withdraw from the Agreement, or terminate this Agreement in accordance with these general terms and conditions.
7.2 The basic obligations of the customer include in particular:
– pay the agreed accommodation price,
– follow the instructions of the Accommodation Provider and its employees,
– immediately notify the Accommodation Provider of any deficiencies in the accommodation on the spot,
– act in such a way that no damage occurs and, if necessary, compensate for the damage caused,
– to ensure the legal representative’s consent to the accommodation of a minor unaccompanied by a legal representative.
8. Rights and obligations of the Host
8.1 The fundamental rights of the Host include, in particular, the right to pay the price of the accommodation.
8.2 The basic obligation of the Accommodation Provider is to provide accommodation in accordance with the Agreement.
9. Rights from defective performance (Complaints Regulations)
9.1 The customer is obliged to report defective performance to the Accommodation Provider without undue delay after discovering them, but no later than 4 months after the end of the accommodation.
9.2 The accommodation provider will issue a written confirmation to the customer of when the customer has exercised the right, what the content of the complaint is and what method of handling the complaint the customer requires; and further a confirmation of the date and method of settlement of the complaint, or a written justification for the rejection of the complaint.
9.3 If it is a defect that can be removed, the Accommodation Provider will remove the defect on the spot.
9.4 If it is not possible to remove the defect on the spot, the Accommodation Provider will decide on the complaint immediately, in complex cases within three working days. This period does not include the time required for a professional assessment of the defect. The complaint, including the removal of the defect, must be dealt with without undue delay, no later than 30 days from the date of application of the complaint, unless the Accommodation Provider and the customer agree on a longer period.
10. Final Provisions
10.1 In the event of a dispute arising in connection with the contract to which these GTC apply, the customer, who is a consumer, has the right to an out-of-court settlement with the Czech Trade Inspection. Detailed information on the terms of out-of-court dispute resolution is available at www.coi.cz.
10.2 A customer who has purchased a product or service over the Internet and is a consumer can use the online dispute resolution platform to resolve a dispute. More detailed information on the terms of online dispute resolution is available at http://ec.europa.eu/odr.
10.3 Foreign European customers who are consumers can use the network of European consumer centers to resolve the dispute that has arisen. More information is available here: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en
10.4 Other matters not regulated by these general terms and conditions are governed by Czech law, in particular the relevant provisions of Act No. 89/2012 Coll., Civil Code.
10.5 These general terms and conditions are valid and effective for Contracts concluded from 01/01/2023.