General Terms and Conditions

The General Terms and Conditions (hereinafter referred to as GTC) regulate the mutual contractual relationship between the Sněžné Amanita Resort****, which is operated by ZM – TECH s.r.o., ID No.: 25551868, VAT No.: CZ25551868, Headquarters: Grohova 117/21, Brno, 602 00 (hereinafter referred to as the provider or the company) and the client – a natural or legal person who orders accommodation at the Sněžné Amanita Resort**** as the client (hereinafter referred to as the client).

The GTC become part of the pre-contractual arrangements at the moment of commencement of these negotiations between the provider and the client and part of the contracts at the moment of their conclusion.

Article I.

Pre-Contractual Arrangements

  1. Pre-contractual arrangements include the ordering of services, the negotiation of their terms and conditions and the confirmation of the final order by the provider.
  2. Orders for services must be made in writing and must make it clear who is making them and what their subject matter is (type of services, terms, prices, etc.).
  3. By signing the order or confirming it by email, the provider agrees to provide the ordered services in the agreed scope and the contract is concluded at that moment.
  4. If additional services are ordered by the customer or his/her designee/representative, both the provider and the customer are obliged to proceed in accordance with this article. The Provider undertakes to make every effort to provide the additional services requested, but does not guarantee their provision.

 

Article II.

Obligations of the Parties

  1. Upon conclusion of the contract, the Provider shall be obliged to provide the Client with the services specified in the contract and the Client shall be obliged to take over these services and pay the agreed price to the Company for their provision.

 

Article III.

Entry into Accommodation

  1. Upon check-in, each guest shall present his/her ID card or other proof of identity at the reception desk. After fulfilling the above mentioned legal obligations, including filling in the registration card (record for the foreign police), the reception will accommodate the guest and provide him/her with further information about the accommodation.
  2. An integral part of these General Terms and Conditions is the Accommodation Regulations, which are available to guests on the website of the Sněžné Amanita Resort****: www.resort-snezne.eu.

 

Article IV.

Payment Terms

  1. If the Provider requires an advance payment for the ordered services, the Client shall be obliged to pay the advance payment to the Company in the amount and by the due date specified in the Contract; payment of the advance payment shall be understood as a credit of the relevant amount to the Provider's bank account, unless otherwise agreed. If the deposit is not duly paid by the Client, the Provider reserves the right to cancel the agreed reservation and to charge the Client the corresponding cancellation fees according to Article V of these GTC.
  2. The Client is obliged to pay the agreed price for the accommodation. The Customer undertakes to pay the tax document (invoice) in advance using the online payment gateway, in cash or by credit card at the end of the accommodation or within the due date specified therein. Any discrepancies in the tax document (invoice) must be appealed by the Customer in writing within 5 calendar days of receipt. In the event that the Provider accepts that the appeal of the tax document (invoice) is justified, the due date of the tax document (invoice) in question shall be postponed and the amount stated in the tax document (invoice) appealed of shall be due on the due date stated in the newly issued tax document (invoice). A tax document (invoice) complained of for which the Provider accepts that the complaint is not justified shall be due on the due date stated in the tax document (invoice) complained of.
  3. The payment is deemed to have been paid when it is credited to the Provider's bank account indicated on the tax document (invoice), unless otherwise agreed.
  4. In the event of the Client's delay in making payment for the services provided, the Provider shall be entitled to demand from the Client, in addition to payment of the amount due, a contractual penalty of 0.5% of the amount due for each day of delay commencing on the first day following the due date of the tax document (invoice) until payment.
  5. The Provider reserves the right to use any payment made by the Customer to settle its oldest overdue claim(s) against the Customer. The Provider shall be entitled to use the blocked funds to pay all outstanding amounts incurred during the stay and after the departure of the Guest (e.g. drinks from the minibar, consumption in the restaurant, café, violation of the smoking ban, etc.).

 

Article V.

Cancellation Policy

  1. A cancellation means a cancellation, postponement or modification of a confirmed order.
  2. A cancellation must be made by the client by telephone or e-mail at the reception of the resort.
  3. In the event of a cancellation of the ordered and confirmed services, the Customer is obliged to pay the cancellation fees to the Provider according to the price conditions of the reservation; the cancellation fees will be calculated from the price for the cancelled services incl. VAT, as follows:
  • In case of a cancellation 13 - 7 days prior to the scheduled arrival according to the confirmed reservation, the cancellation fee is 25% of the price of the accommodation and services ordered.
  • In case of a cancellation 6 - 4 days prior to arrival according to the confirmed reservation or less, the cancellation fee is 50% of the price of the accommodation and services booked.
  • In case of a cancellation 3 days prior to arrival according to the confirmed reservation, the cancellation fee is 75% of the price of the accommodation and services booked.
  • In case of a cancellation less than 3 days before arrival, the cancellation fee is 100% of the price of the accommodation and services booked.

4. For payment of the cancellation fee, the provider is entitled to use the credit card specified by the client or the payment for accommodation sent in advance..

 

Article VI.

Claims for Services

  1. Such an appeal must be lodged immediately after the discovery of the deficiencies in the services, but no later than the day following the last day on which the services in question were provided to the client. No account will be taken of subsequent appeals.

 

Article VII.

Withdrawal from the Contract

  1. Either party shall be entitled to withdraw from the contract under the conditions and for the reasons provided for by law or the contract.
  2. The Provider shall be entitled to withdraw from the Contract with immediate effect (in whole or in part) if the Client breaches the Contract in a material manner or repeatedly breaches any obligation under the Contract, or if the Client defaults on payment of any amount due more than 10 days after the due date.

 

Article VIII.

Jurisdiction

  1. The guest has the right to submit a request for out-of-court settlement of such dispute to the designated consumer dispute resolution body, which is:

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Praha 2
Email: adr@coi.cz
The website: https://adr.coi.cz

The Czech Trade Inspection Authority is a supervisory authority supervising consumer protection, acting in accordance with Act No. 64/1986 Coll., on the Czech Trade Inspection Authority, as amended, and other legislation.
The website of the Czech Trade Inspection Authority is www.coi.cz.

2. In accordance with the provisions of Section 1837(j) of Act No 89/2012 Coll., the Civil Code, the accommodated person as a consumer does not have the right to withdraw from the accommodation contract if the accommodation establishment provides the performance within the specified time.

 

Article IX.

Consent to Send Commercial Offers

  1. The Customer agrees to the sending of commercial offers by the Provider, which is carried out in accordance with Act No. 480/2004 Coll., on certain information society services. The Customer consents to the sending of Commercial Communications to his/her email address by submitting the enquiry form on the Provider's website. The Customer has the possibility to withdraw this consent at any time. 

 

Article X.

Force Majeure

  1. If the provider is unable to fulfil the agreed terms and conditions due to force majeure, it shall have the right to withdraw from the contract without further delay, unless the parties agree otherwise. Force majeure means, in particular, damage to the resort and its facilities as a result of natural disasters; in the event of force majeure, the client is not entitled to claim any penalties or equivalent claims against the provider.

 

Article XI.

Other Arrangements

  1. The Parties acknowledge that the liability of the Provider, the Client and the Client's clients is governed by the rules of Section 2894 et seq. of Act No. 89/2012 Coll., Civil Code. Damages shall be compensated in money, unless the parties agree otherwise. In the event that the damage is caused by the Client's clients or employees and these persons fail to compensate for the claimed damage, the Client undertakes to compensate for the damage in the same way as if it had been caused by the Client.
  2. The Provider shall be entitled to require a guarantee in the form of a pre-authorised credit card or a cash deposit upon the arrival of clients or employees. The company undertakes to return the deposit, or part thereof, to the clients upon departure of the clients and after settlement of any claims under this paragraph.
  3. If the company finds the actions of the client or his clients to be a gross violation of the resort's accommodation regulations, the company shall have the right, after discussing the whole matter with the client, to terminate the accommodation of the client or his/her clients without refund or without limitation of the right to charge. 
  4. The Client expressly agrees that the Provider is entitled to process and store all information and data provided by the Client for the purpose of processing the order, in accordance with the relevant generally applicable data protection legislation. 
  5. All amounts will be created in CZK. The exchange rate to foreign currencies is governed by the daily exchange rate of the CNB. In the case of payment by credit card, the exchange rate may vary depending on the exchange rate used by the bank that issued the credit card.
  6. The resort (operator) is entitled to use the blocked funds to pay all outstanding amounts incurred during the stay and after the guest's departure (e.g. drinks from the minibar, consumption in the restaurant, café, violation of the smoking ban, or other similar cases).

 

Article XII.

Final Provisions

  1. The GTC shall enter into force and effect on 1 January 2018.