1. Introductory Provisions
1.1 The company Service Point, spol. s r.o., with its registered office at Prague 4-Michle, Jemnická 345/5, Postal Code 140 00, Identification No.: 25090691, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 48850 (hereinafter the “Company”).
1.2 The Company operates from 1.7.2016 the Resort POPPY, located at Hamerská 1, Březová, 362 15 Carlsbad (hereinafter the „Establishment“).
1.3 An integral part of the contractual relationship between the Company and the Client also consists of these General Terms and Conditions (hereinafter the “Terms”) and other documents which are referred to in the Terms (especially the Confirmation of booking, pricelist of Services, registration card, hotel rules, etc.).
2. Information on the Services
The Company publishes details about the Services, prices and other information for the Clients on the Website. The Establishment undertakes to disclose true and accurate information on its Website and to update it regularly.
3. Booking of the Services
3.1 The Client is entitled to book the Services:
a) via the Website;
b) in any other manner which will be expressly granted by the Establishment to the Client aan option, e.g. by email, by regular mail, by phone;
(hereinafter collectively as the “Booking Request”)
3.2 The Services are booked for the Client upon confirmation of the Booking Request by the Company, provided that the Booking Request also includes the final price for the Services (hereinafter the “Confirmation of the booking”).
4. Establishment of the contractual relationship, the registration card
4.1 Based on booking of the Services:
4.1.1 The contractual relationship between the Client and the Company arises by the Confirmation of the booking.
4.1.2 The Client is obliged to pay the price for the Services within 10 days after the Confirmation of the booking, however no later than … days before the commencement of the Services provision.
4.1.3 Should the Client be in default regarding the payment of the price for the Services, the contractual relationship ceases to exist upon expiry of the payment deadline of the price for the Services, since the Company has no interest in any delayed payments of the prices for the Services, and the Company is entitled to demand payment from the Client in the form of a contractual penalty (cancellation fee) in the amount of 20 % of the price for the Services specified in the Confirmation of the booking.
4.2 Without booking the Services:
The contractual relationship between the Client and the Company may also arise by the confirmation of the Client’s order by the Establishment and the payment of the price for the Services in cash or by a payment card at the reception desk of the Company.
4.3 Before the commencement with the Services provision by the Company, each Client shall complete, sign and submit a registration card to the Company, which was given to the Client at the reception desk of the Establishment.
5. Price for the Services, discounts
5.1 The price for the services is based on Client’s requirements regarding the provided type of Services and it is specified on the basis of the current pricelist for the Services of the Company at the moment when the contractual relationship arose.
5.2 Discounts are provided by the Company to the Client in accordance with the system of discount provision applicable at the moment when the contractual relationship arose.
6. Payment Conditions
6.1 The Client is entitled to pay the price for the Services a) in a cashless manner (i) by a transfer to the Company’s bank account specified in the Confirmed order or (ii) by a payment card (credit or debit card) or b) in cash at the cash register of the Company, provided that the limit for payments in cash established by the Act on Cash Payments Limitation is not exceeded.
6.2 In the case of a bank transfer to the Company’s bank account, the moment of payment of the price for the Services means the moment when the relevant sum of money is credited to the bank account of the Company.
6.3 In the case of payment by payment card, the moment of payment of the price for the Services means the moment of conducting the pre-authorization in the system which provides settlements of payments via payment cards.
6.4 In the case of payment in cash, the moment of payment of the price for the Services means the moment of taking over the given sum of money by a person which is entitled to take over the given sum of money on behalf of the Company.
6.5 Should the Client request so, the Company is obliged to issue a written confirmation of the payment for the Services.
6.6 The Company is a payer of the value added tax.
7. Cancellation Conditions
7.1 Should the Client intend to withdraw from the contractual relationship in the period after the payment for the Services before the commencement of the Services provision, the Client shall do so in a written form. The withdrawal from the contractual relationship by the Client becomes effective by its delivery to the Company.
7.2 Should the Client intend to withdraw from the contractual relationship in the period under Article 7.1, the Establishment is entitled to charge the Client with a contractual penalty (cancellation fee). The amount of the cancellation fee is specified as a percentage of the total price for the Services, namely depending on the number of days remaining until the date of commencement of the Services provision to the Client:
27 - 22 days ... 20 %
21 - 15 days ... 50 %
14 - 6 days ... 75 %
5 days - 1 day ... 90 %
Should the Client intend to withdraw from the contractual relationship on the day of commencement of the Services provision, the cancellation fee amounts to 100 % of the total price for the Services.
The Company is entitled to decide not to charge the Client any cancellation fee or its part based on the written request by the Client delivered to the Company no later than 14 days from the scheduled termination of the Service, for the purposes of eliminating possible hardship of the provision on the cancellation fee.
7.3 Should the Client withdraw from the contractual agreement in the period under Article 7.1, the Establishment is obliged to repay the paid price for the Services, reduced by the relevant amount of the cancellation fee, to the Client within 14 days from the moment the withdrawal from the contractual agreement becomes effective, namely by a bank transfer to the Client’s bank account specified by the Client in the written withdrawal from the contractual relationship. The Establishment is entitled to reduce the repaid sum of money by the transaction costs associated with the transfer (especially bank charges, etc.).
8. Obligations of the Client
8.1 The Client shall provide the Establishment with all information and data necessary to appropriately ensure and provide the Services, especially truthfully and completely fill out the registration card.
8.2 The Client shall pay the price for the Services within the specified period.
8.3 Should the Client be a legal entity, the Client shall choose its authorized representative who will communicate with the Establishment. The Client shall also make individuals – beneficiaries of the provided Services with the conditions and information which the Client receives by the Establishment. All conditions of the contractual relationship with the Client apply mutatis mutandis to the beneficiary of the provided Services.
8.4 In the case that the Services include also the provision of transportation, the Client shall arrive at the departure point at the scheduled time.
9. Exclusion of the Client from the Services provision
9.1 Should the Client violate accommodation terms or any other regulations of the Establishment (e.g. the hotel rules) during the provision of the Services, or fail to respect the schedule of the Services provision, refuse to follow the instructions of the guide/employees of the Establishment, verbally attack representatives of the Establishment as well as of medical rehabilitation centers, destroy property or restrict the rights of other Clients through its/his/her behavior, or in any other way and despite a warning grossly violates good manner or grossly violates its/his/her obligations under the contractual relationship, the Company is entitled to withdraw from the contractual relationship and the Client is obliged to leave the Establishment immediately.
9.2 Should the Company withdraw from the contractual relationship for the reasons specified in Article 9.1, the Client shall pay to the Company a contractual penalty in the amount equaling the value of unused Services by the Client.
10. Cancellation and changes to agreed Services by the Company
10.1 Should extraordinary circumstances which the Company could not have foreseen and averted (force majeure) arise, the Company is entitled to unilaterally cancel via a written withdrawal or to change the schedule of the Services, in terms of the price, type of transportation, location of accommodation, accommodation premises, form or manner of provision of other Services).
10.2 Should the Company cancel the contractual relationship for the reasons specified in Article 10.1, the Company is obliged to repay to the Client within 3 days the amount equal to the Services not used by the Client, and in the case that the Clients requests so, to move the Client preferentially into an available place in a different kind of Services by its/his/her choice.
10.3 Should the Company change the schedule of the Services for the reasons specified in Article 10.1, the Company shall request the Client’s consent with the change and give the Client a period for expression of the Client’s will. The Client is entitled to withdraw from the contractual relationship within this period. Should the Client do so, it/he/she is not obliged to pay the cancellation fee under Article 7.2 to the Company and the Company is not obliged to repay the value of the unused Service to the Client. Should the Client not withdraw from the contractual relationship with the given period and should the Client not express its/his/her disagreement with the change of the schedule of the Services, it is presumed that the Client accepts such change.
10.4 In the event that there is a change of the accommodation premises to a lower category of Services, the Client is entitled to request reasonable discount from the Establishment corresponding to the change in quality of the provided Services.
10.5 Any other changes to the contractual relationship may only be conducted through mutual agreement between the Establishment and the Client.
11. Complaint procedure
11.1 Should the Establishment fail to provide the Client with all Services that are included in the contractual relationship or should the Establishment fail to provide them in full extent or usual quality, the Client is entitled to file a complaint in a written form against the Establishment. The subject of the complaint cannot consist of damage or other material or non-material loss incurred by the Client as a result of its/his/her own fault.
11.2 The complaint shall be filed immediately after the event arose at the given place of accommodation by the stay guide or the representative of the Establishment, stating the reasons for the complaint. Should the guide or the representative of the Establishment fail to rectify the situation right there, he/she shall prepare the complaint protocol with the Client. Preparation of the protocol is a necessary precondition for the recognition of the complaint by the Establishment. The protocol shall be prepared in three counterparts (one for the guide or the representative of the Establishment, two for the Client) and signed by the Client and the guide or the representative of the Establishment.
11.3 The Client shall deliver to the Establishment one counterpart of the complaint protocol including the complaint within 15 calendar days after the termination of the Services provision. Any responsibility of the Establishment regarding any submitted complaint shall be terminated upon futile expiry of this period.
11.4 The complaint is handled by the Establishment director (or a person authorized by the director) within 24 hours after the day when the complaint protocol was delivered to the Establishment.
11.5 Should the Client fail to use the ensured Service due to its/his/her own fault, the Client is not entitled to file a complaint regarding such situation.
12. On-line booking
12.1 The On-line booking system located on the Website provides secure access to booking or purchasing Services offered by the Establishment.
12.2 Should the Client select the payment card as its/his/her payment method, the Client shall be redirected to the protected server of the company Global Payments Europe, a.s., which guarantees security and inalienability of entered data to the Client.
12.3 For payments, you may use payment cards VISA, VISA Electron, MasterCard or Maestro.
13. Reviews by Clients
The establishment reserves the right to ask the Client for reviews of several aspects of provided Services and then publish this review on the Website. Any responsibility of the Establishment arising from the content of these reviews is excluded. The Client hereby agrees to the publication of such review.
14. Responsibility for damage
14.1 Responsibility for damage is governed by the Civil Code.
14.2 Provisions of Section 433 and 436 of the Civil Code apply to the responsibility of the Establishment (as the accommodation provider) for the items brought by the Client or for the Client to the accommodation premises of the Establishment.
15. Protection of personal data
At the moment of establishment of the contractual relationship, the Client provides the Establishment with its/his/her consent to the processing and preservation of its/his/her personal data mentioned in the application documents, namely for the purposes of negotiating, executing and enforcing contractual obligations and for the purposes of keeping records.
16. Applicable law
The contractual relationship between the Company and the Client arisen under Article 4 shall be governed by these Terms and the issues not specified herein shall be governed by Czech law.