General Terms and Conditions
General terms and conditions of the company Mariánské lázně s.r.o. For accommodation contract
These General Terms and Conditions of Business govern the rights and obligations of the company Hotels Mariánské Lázně s.r.o., ID No.: 3043568, with registered office at Dělnická 213/12 Holešovice, 170 00 Prague 7, registered with the Municipal Court in Prague under file No. C 226834 (hereinafter referred to as the “Accommodation Provider”), and its customers under the accommodation contract (hereinafter referred to as the “Contract”).
I. Subject matter of the Contract
- 1.1 The Customer is:
- – The Customer – a private person or legal entity concluding the Contract, whereby the Customer does not have to be a guest at the same time;
- – Guest – a private person who is entitled to use the accommodation under the Contract.
- 1.2 By the Contract, the Accommodation Provider agrees to provide accommodation for the Customer.
- 1.3 The Customer agrees to pay the accommodation price to the Accommodation Provider.
- 1.4 The accommodation is provided in the premises of the Accommodation Provider at Hotel SwissHouse at Zeyerova 87, 353 01 Mariánské Lázně.
II. Conclusion of the Contract
- 2.1 The Contract is concluded at the moment when the Host confirms the binding reservation of the stay to the Customer. A binding reservation of a stay is deemed to be:
- – confirmation of the reservation in an e-mail communication
- – clicking the “book” box in the online booking system of the Accommodation Provider at www.swisshouse.cz;
- – other explicit consent of the Customer to the offer of the Accommodation Provider, recorded in email, telephone or other communication, for example via booking.com.
- 2.2 The Contract is effective upon payment of the deposit or the full price of the accommodation within three days of the conclusion of the Contract, unless otherwise agreed.
- 2.3 By concluding the Contract, the Customer certifies that:
- – he/she has been sent these General Terms and Conditions, which form an integral part of the Contract, that he/she has made himself/herself and the other Guests aware of these Terms and Conditions and that all Guests agree to them;
- – he/she is authorised to conclude the Contract, not only for himself/herself but also for the persons who have apparently authorised him/her to conclude the Contract. If the Customer enters into the Contract on behalf of third parties, the Customer is responsible for the fulfilment of the obligations under the Contract, including the timely payment of the accommodation price and the provision of the necessary information. If the Customer enters into the Contract on behalf of a person under the age of 18, the Customer declares that he/she is the legal representative of the minor or that he/she has the consent of the minor’s legal representative if the consent of the minor is not sufficient.
III. Price and payment for accommodation
- 3.1 The price of accommodation including other additional services is indicated in the online booking system, in the offer sent to the guest by e-mail or communicated by phone. The prices include VAT.
- 3.2 In addition to the accommodation itself, the price also includes meals and spa treatments (massages, wellness, etc.) only if this is explicitly stated in the booking. If this is not stated, the guest can purchase these services on site, subject to availability.
- 3.3 The price of the accommodation does not include a tourist tax or other public charges, which the customer pays on the spot.
- 3.4. Pets of larger size are allowed only with the express consent of the Landlord and for a fee set by the Landlord – 500 CZK per night
- 3.5 Unless otherwise agreed, the Customer undertakes to pay the accommodation price as follows:
- – advance payment – 50% of the accommodation price within three days of the conclusion of the Contract in cash, by bank transfer or credit card;
- – This deposit is non-refundable. In case of timely cancellation of the stay, the deposit can be used for a new date.
- – the balance of the accommodation price and other services purchased on the spot upon departure from the accommodation. The balance can be paid in cash or by credit card at the hotel reception.
- 3.6 The Customer is also entitled to pay for the services by means of vouchers issued by the Accommodation Provider and by any other means, provided that the payment method is accepted by the Accommodation Provider.
IV. Amendments to the Contract
- 4.1 Increasing the number of guests is subject to the consent of the Accommodation Provider.
- 4.2 A reduction in the number of guests constitutes a partial cancellation of the Contract and is subject to the cancellation terms set out in Article V.
- 4.3 A change of date constitutes a proposal to amend the Contract which may not be accepted by the Host.
V. Cancellation policy before check-in
- 5.1 The Customer has the right to cancel the Contract before the commencement of the accommodation without giving any reason.
- 5.2 If the Customer withdraws from the Contract prior to the commencement of the accommodation, the Customer shall pay the following cancellation fee to the Accommodation Provider:
- – For cancellation within 5 days prior to arrival: 0% of the total price.
- – For cancellation 4 – 1 day before arrival: 50% of the total price
- – In case of cancellation on the day of arrival or in case of no-show: 50% of the total price
- – In exceptional situations, we consider cancellations on an individual basis.
- 5.3 The accommodation provider hereby expressly informs the customer that the customer does not have the right to withdraw free of charge from the Contract concluded remotely (via e-mail or via the accommodation provider’s booking system) within 14 days of the conclusion of this Contract.
- 5.4 If the deposit paid does not cover the applicable cancellation fee, the Customer is obliged to pay the difference between the cancellation fee and the deposit paid. If the deposit paid exceeds the applicable cancellation fee, the Host shall refund the difference between the deposit paid and the cancellation fee to the bank account from which the payment was received or in cash at the hotel reception.
- 5.5 Travel concerns or a worsened epidemiological situation are not grounds for free cancellation by the Customer. However, the closure of the hotel is a reason for rescheduling the stay or refunding the funds paid.
VI. Cancellation conditions after arrival
- 6.1 If the guest has already entered the accommodation, he/she has the right to cancel the Contract before the expiry of the agreed accommodation period.
- 6.2 The accommodation provider has the right to terminate the Contract before the expiry of the agreed period without notice if the guest, despite a warning, grossly breaches his/her obligations under the Contract or good morals.
- 6.3 If the Guest or the Accommodation Provider has withdrawn from the Contract based on which partial performance has already been provided, the Guest is obliged to pay the full price of the accommodation.
VII. Customer's rights and obligations
- 7.1 The basic rights of the customer include in particular:
- – the right to the proper accommodation,
- – the right to claim rights arising from defective performance,
- – the right to withdraw from the Contract or to 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 accommodation price,
- – to follow the instructions of the Accommodation Provider and its employees,
- – immediately notify the Accommodation Provider of any shortcomings in the accommodation,
- – act in such a way as to avoid damage, and compensate for any damage caused,
- – secure the consent of the legal guardian to accommodate a minor without the accompaniment of a legal guardian.
VIII. Rights and Obligations of the Accommodation Provider
- 8.1 The basic rights of the Accommodation Provider include in particular the right to payment of the accommodation price.
- 8.2 The basic obligation of the Accommodation Provider is to provide accommodation in accordance with the Contract.
IX. Rights arising from defective performance (Complaints Procedure)
- 9.1 The customer is obliged to complain about the defective performance to the accommodation provider without undue delay after their discovery, but no later than six months after the end of the accommodation.
- 9.2 The Accommodation Provider shall issue the Customer with a written confirmation of when the Customer exercised the right, what is the content of the complaint and what method of handling the complaint the Customer requires; as well as a confirmation of the date and method of handling the complaint, or a written justification of the rejection of the complaint.
- 9.3 If the defect is remediable, the Landlord shall remedy the defect on the spot.
- 9.4 If the defect cannot be rectified on the spot, the Accommodation Provider shall decide on the complaint immediately, or in complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Accommodation Provider agrees with the customer on a longer period.
X. Final Provisions
- 10.1 In the event of a dispute arising in connection with a contract covered by these GTC, the customer, who is a consumer, has the right to an out-of-court settlement with the Czech Trade Inspection Authority. Detailed information on the terms of out-of-court dispute resolution is available at www.coi.cz.
- 10.2 A customer who has purchased goods or services via the Internet and is a consumer may use the online dispute resolution platform to resolve the dispute. More detailed information on the terms and conditions of online dispute resolution can be found at http://ec.europa.eu/odr.
- 10.3 Foreign European customers who are consumers can use the network of European Consumer Centres to resolve their dispute. 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 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 November 2020.