GENERAL TERMS AND CONDITIONS OF ACCOMMODATION
COTTAGES, APARTMENTS AND PENSION ARTUR
1. BASIC PROVISIONS AND DEFINITION OF TERMS
1.1.The accommodation provider is RUSTY GATE a.s., ID:04289528, with its registered office at 28. října 1727/28, Moravská Ostrava, 702 00 Ostrava, registered in the Commercial Register kept at the Regional Court in Ostrava, Section B, Insert 10729 (hereinafter referred to as the “accommodation provider”).
1.2 The Customer is any person who enters into negotiations with the accommodation provider for the purpose of concluding an accommodation contract.
1.3 A guest is any natural person to whom the accommodation services are directly related and who is or is to be entered in the register of guests after the commencement of the service.
1.4 The intermediary is the operator of the accommodation portal.
1.5 The premises reserved for accommodation are cottages, apartments and guest houses (hereinafter referred to as the “Property”).
1.6 Common areas means the outdoor areas of the accommodation facility or object, in particular the car park, gardens, bathing barrel, sauna, driveways.
1.7 The areas reserved for accommodation as well as the common areas of the accommodation facility are the accommodation object.
1.8 The General Terms and Conditions of Accommodation regulate the mutual contractual relationship between the accommodation provider and the customer who orders accommodation or another service provided by the accommodation provider in the facility as a customer. Alternatively, between the accommodation provider and the guest who uses the service. The general terms and conditions of accommodation become part of the pre-contractual arrangements at the moment of the commencement of such negotiations between the accommodation provider or agent and the client and part of the contracts at the moment of their conclusion.
2. CONDITIONS FOR CONCLUDING THE ACCOMMODATION CONTRACT
2.1 The accommodation or other services are offered by the accommodation provider in the form of offers, especially on the website, in the form of commercial communications to which the addressee (customer or guest) has consented, through intermediaries approved by the accommodation provider, as well as through the accommodation provider’s advertising materials.
2.2 The customer expresses his/her willingness to stay by sending a reservation to the accommodation provider or the accommodation portal operator.
2.3 If the accommodation provider agrees with the reservation (its content), it sends the customer a confirmation of the reservation.
2.4 Upon receipt of the booking confirmation from the accommodation provider, an accommodation contract (hereinafter referred to as the “contract”) is created between the accommodation provider and the client. Until the contract is created, the accommodation provider is entitled to unilaterally change the terms (parameters) of the accommodation. The accommodation provider has the right not to conclude the accommodation contract without giving any reason.
The individual conditions of the service (accommodation of the guest) are always defined during the binding reservation and the guest is charged the corresponding price for this type of accommodation. Otherwise, the price according to the applicable price lists.
2.5 The contract (terms and conditions of accommodation) may only be amended in writing. The other party is not obliged to accept a change to the contract.
2.6 The customer may not assign the accommodation or other ordered service to a third party who is not listed as a guest in the contract for any reason, unless otherwise agreed.
2.7 The guest using the service according to the concluded contract is obliged to get acquainted with the terms and conditions of the contract, the accommodation conditions as well as other information related to the accommodation at the latest at the beginning of
3. PRICE OF ACCOMMODATION AND SERVICES, FEES
3.1 Prices for accommodation are adjusted by the current price list.
3.2 The price for accommodation does not include the fee of the stay and other services.
3.3. The rate of the stay fee is set by a generally binding decree of the respective municipality and will be added to the price of accommodation.
3.4 The price for accommodation includes, in particular, the use of all the facilities of the property, including the kitchen and appliances, bedding, water and electricity consumption, Wi-Fi, the possibility of using the outdoor communal seating area of the gardens, final cleaning.
3.5 For each property, a standard size parking space is provided at the cottage free of charge or a parking space on a parking card provided by the accommodation provider and charged according to the current price list in the amount of CZK 200, while the parking capacity is limited. There is no legal entitlement to a parking space.
3.6. Guests pay for accommodation and services before the stay by bank transfer or online to the provider’s bank account according to the valid price list.
3.7 Payment is deemed to be paid when it is credited to the provider’s bank account indicated on the tax document (invoice), unless otherwise agreed.
3.8 In the event of delay by the Client or the Guest in making payment for the services provided, the accommodation provider shall be entitled to demand from the Client, in addition to payment of the amount due, interest on the overdue amount at the rate of 0.5% of the overdue amount for each day of delay commencing on the first day following the due date of the tax document (invoice) until it is paid.
3.9 The Landlord reserves the right to use any payment made by the Client to settle its oldest claim(s) overdue against the Client. The accommodation provider is entitled to use the blocked funds to pay any outstanding claims incurred during the stay or after the guest’s departure (e.g. drinks, consumption, penalty, damages, etc.).
4. REGISTRATION AND ARRIVAL OF THE GUEST
4.1 The accommodation provider is entitled to accommodate only guests who have a valid accommodation reservation and who duly register with the accommodation provider.
4.2 Guests are obliged to present proper and valid identification for registration purposes upon arrival at the latest. A proper ID card or passport is considered to be a valid ID. A valid identity document is a document that does not expire before the end of the stay.
4.3 If the guest does not present a proper and valid ID, the accommodation provider is entitled to refuse the guest accommodation with the effects of an obstacle on the guest’s side (cancellation).
4.4 On the basis of a confirmed order and proper registration, the accommodation provider is obliged to accommodate the guest on the agreed date of the start of the accommodation between 14:00 and 19:00 (hereinafter referred to as “accommodation time”). During this time, the accommodation is reserved for the guest, unless otherwise specified in writing between the accommodation provider and the client.
4.5 Guests without a confirmed reservation and guests arriving after 19:00 are not obliged to be accommodated by the accommodation provider. Accommodation and registration in this case takes place the next day at the time for accommodation, or at another time by prior arrangement, but with the effects of an obstacle on the part of the guest from the originally agreed date of accommodation.
4.6 The accommodation provider shall hand over the property to the guest in a condition suitable for proper use, including the facilities, equipment and accessories. The guest is obliged to check the condition and quantity, and from the moment of acceptance until the return handover, the guest is liable for any damage to the property taken over. Transient malfunctions, defects or wear and tear of the equipment which do not prevent the performance of the accommodation do not give rise to rights of the guest to rights under defective performance.
4.7 In exceptional cases, the accommodation provider is entitled to offer the guest a different accommodation than the one ordered. However, this accommodation must not be substantially different from the originally confirmed accommodation.
5. STAY
5.1 The guest is entitled to park the vehicle at the accommodation facility only in a designated place as instructed by the accommodation provider. By stopping or parking the vehicle in a designated place, the accommodation provider does not take custody of the vehicle. The accommodation provider does not operate a guarded parking lot.
5.2 The guest is entitled to use the building and common areas for the duration of the agreed use of the service of the proper contractual relationship, or from the moment of proper registration until the moment when he is obliged to check out.
5.3 The accommodation provider shall accommodate a maximum number of persons in one property corresponding to the number of beds, excluding children under 3 years of age without a bed. If the guest allows more than one person to use the property, the accommodation provider is entitled to cancel the guest’s stay in accordance with the conditions for cancellation of the stay as an obstacle on the part of the guest.
5.4 The guest is not allowed to bring or allow animals into the accommodation facility without prior agreement with the accommodation provider.
5.5 The guest acknowledges that the outdoor areas at the guesthouse are common and shared with other guests staying at the guesthouse and the exercise of rights associated with the use of these areas is thus shared and disturbed in the sense of normal use by several persons, in particular increased noise, movement, etc.
5.6 Each guest is obliged to behave in such a way as not to unduly disturb other guests at any time of the day. He/she is also obliged to observe the night-time quiet, from 22:00 to 6:00.
5.7 If a guest under the influence of alcohol or intoxicating substances does not guarantee compliance with the accommodation conditions, he/she may be denied entry to the accommodation facility or may be expelled from the facility until he/she is able to comply with these conditions again, without compensation. Repeat of this situation is grounds for immediate withdrawal from the contract by the accommodation provider without any compensation to the guest.
5.8 Only the accommodation provider’s staff and duly registered guests are allowed in the accommodation facility without further admission. Visits by guests are prohibited.
5.9 The Guest is obliged to notify the accommodation provider of defects, malfunctions and damage to the apartment or other equipment of the property immediately after they have been caused or detected.
5.10. It is forbidden to hold parties in the accommodation facility, to bring bicycles and scooters to the apartments.
5.11. In case of illness or injury of a guest, the accommodation provider will arrange medical assistance immediately after being notified of such fact. The fee for transportation and treatment shall be borne by the guest. The exception is when the accommodation provider is directly responsible for the illness or injury of the guest.
5.12. In case of non-compliance, the accommodation provider will charge a sum of CZK 10,000. Guests shall smoke only in designated areas and in such a way as not to restrict or disturb the stay of other guests by emissions.
5.13. In case of loss of the key, the guest is obliged to report the loss immediately. In the event of failure to do so, the accommodation provider shall not be liable for any damage related to the loss of the key. The guest will be charged a fee of CZK 2,000 for the lost key.
5.14. Guests are not allowed to move any furniture and equipment or make any interference with the electrical network and installations located in the room. For safety reasons, guests may only use certified electrical appliances that are used for their personal hygiene (especially hair dryers, shavers) and laptops, tablets or similar small electrical appliances.
5.15. Guests are entitled to free wireless internet access via Wi-Fi, both in all areas and in the garden. The accommodation provider is not responsible for the security of the connection.
5.16. Guests must secure the property when leaving, in particular turn off the taps, ensure that appliances are turned off, close the windows, close and lock the doors.
6. SAFETY AND LIABILITY FOR DAMAGES
6.1 The guest is obliged to familiarize himself with the safety instructions, operating instructions, rules for the use of the outdoor tub, sauna, whirlpool, etc.
6.2 The guest as well as the client and third parties whose entry into the accommodation facility is made possible by the client or the guest are jointly and severally liable to the accommodation provider. In particular, for loss and damage caused to the accommodation facilities, equipment or accessories of the property, which the guest has taken over or is expected to take over.
6.3 The guest or other persons shall be liable for any damage caused by them, unless they can prove that they did not cause it. This entitlement of the accommodation provider also applies to damage that is discovered after the guest has left.
6.4 The guest is obliged to take personal care of his/her property, in particular against loss, theft or destruction, and is not entitled to delegate this responsibility to the accommodation provider. The guest is not entitled to bring things into the accommodation facility that are not directly related to the performance of the short-term accommodation stay. The accommodation provider shall not be liable for loss or damage to such items.
6.5 It is forbidden to carry or keep weapons in the entire accommodation facility.
6.6 For safety reasons, guests who are children under the age of eight may not remain in the property or other common areas, especially the outdoor barrel, sauna, garden, without adult supervision. Any damage caused by children is the full responsibility of their legal guardian or the person who has temporarily undertaken such supervision.
6.7 The accommodation provider is not liable for damage to items left or brought in. The accommodation provider is not liable for other left or forgotten belongings of guests. The accommodation provider is not liable for damage to health or property caused by the guest to himself, the operator or a third party.
6.8 In the event that the guest violates the accommodation conditions, the accommodation provider has the right to terminate the guest’s stay before the originally agreed departure date without the guest being entitled to any compensation.
6.9 If the guest has any reasonable requests or complaints during the accommodation, the guest may approach the relevant staff who will make every effort to accommodate the guest’s wishes.
7. ODHLÁŠENÍ A ODJEZD HOSTA
7.1. Host užívá ubytovací objekt po dobu trvání sjednaného čerpání služby řádného smluvního vztahu, respektive od okamžiku řádné evidence až do okamžiku, kdy je povinen se odhlásit.
7.2. Nebylo-li s ubytovatelem písemně ujednáno jinak, musí se host řádně odhlásit nejpozději do 10:00 hod posledního dne sjednaného pobytu (dále jen „doba odhlášení) a ve stejné době je povinen ubytovací objekt uvolnit a předat. Neučiní-li tak, je ubytovatel oprávněn účtovat hostu smluvní pokutu za neuvolnění ubytovacího objektu ve výši 1,25 hodnoty ceny za ubytování dle aktuálního ceníku, a to za každý započatý den a dále náhradu škody. Zaplacení smluvní pokuty neopravňuje hosta k dalšímu užívání ubytovacího objektu.
7.3. Host je povinen předat objekt ubytovateli zpět ve stejném stavu, v jakém jej obdržel včetně veškerého vybavení a zařízení s přihlédnutím k běžnému opotřebení. Zjistí-li ubytovatel po skončení ubytování hosta vznik škody, je host povinen tuto škodu ubytovateli v plné výši nahradit, a to nejpozději při odjezdu nebo dle domluvy. Host odpovídá za škody způsobené třetími osobami, kterým vědomě či nedbalostně (např. ponecháním klíčů bez dozoru) umožnil vstup do ubytovacího objektu.
7.4. Při odhlášení z objektu musí host zabezpečit objekt jako při jeho opuštění, odevzdat klíče jakož i vrátit všechny ostatní věci, které mu byly zapůjčeny.
8. CANCELLATION - OBSTACLES ON THE PART OF THE ACCOMMODATION PROVIDER OR GUEST
8.1 Cancellation always means cancellation, postponement or modification of a confirmed order.
8.2 Cancellation must only be made by the Customer in writing (or by e-mail) to the person with whom the terms of the contract were negotiated.
8.3 If the Customer cancels the ordered and confirmed services, the Customer is obliged to pay the Provider cancellation fees 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:
– free cancellation 14 days before arrival
– 100% of the booking price for cancellations made less than 14 days before arrival
8.4 Obstacles on the part of the guest. The accommodation provider is entitled to charge 100% of the price of the stay.
8.5 Obstacles on the side of the accommodation provider – force majeure
If the accommodation provider is unable to comply with the contract in whole or in part due to force majeure, the accommodation provider shall immediately notify the guest of this fact and submit a proposal to amend the contract. Force majeure occurs when the accommodation provider is prevented from fulfilling the contract by circumstances beyond his/her control (e.g. a decision of public authorities, war, strike, blockade, natural event, etc.), which the accommodation provider could not have foreseen or which he/she could not have prevented even if he/she had made all reasonable efforts. In such a case, the Guest has the right to refuse the proposal to amend the contract within a specified period of time. If the guest refuses the proposal, the accommodation provider has the right to withdraw from the contract. The guest is entitled to a refund of the amounts paid to the accommodation provider until the cancellation. In this case, the accommodation provider is not obliged to reimburse the guest for damages incurred due to force majeure.
9. COMPLAINT CONDITIONS, rights from defective performance stay.
9.1 Upon arrival, the guest is obliged to familiarize himself with the area reserved for accommodation and without undue delay, but no later than within 1 hour of taking over the accommodation, notify the accommodation provider of any defect by marking the defect or by notifying how the defect manifests itself. The complaint is thus made on the spot, which allows the defect to be dealt with and, if necessary, rectified immediately, while the time lag makes it more difficult to assess the defect conclusively and objectively and thus to deal with the complaint properly. The guest can make a complaint either verbally or in writing to the accommodation provider.
9.2 Liability rights for defects in the accommodation services provided under the accommodation contract shall lapse if they have not been exercised by the end of the stay, unless a different time limit is provided for their exercise in the legislation.
9.3 When exercising the right to claim for defective performance, the guest is obliged to duly substantiate his/her claim and, if possible, to substantiate it with evidence of the facts; at the same time, he/she is obliged to present proof of the service provided, a copy of the order, invoice, etc., or the item whose defect he/she claims.
9.4 If the guest claims a right of liability for defects in the services provided or already provided to him/her, the accommodation provider (or an authorised person) is obliged to decide on the claim immediately after the necessary examination of the factual and legal circumstances, or in complex cases without undue delay. The complaint must be settled within 30 days of the complaint, unless a longer period is agreed with the customer. The time required for a professional assessment of the defect is not included.
9.5 The guest is obliged to provide the necessary cooperation for the settlement of the complaint, in particular to provide information, to submit documents proving the facts, to specify his/her requirements as to the reason and amount, etc. If the nature of the matter so requires, the guest must allow access to the area rented for accommodation in order to verify the validity of the complaint and to enable the remedy to be arranged.
9.6 In cases where the complaint is judged to be wholly or partially justified, the settlement of the complaint shall consist of the free rectification of the defect in the service or, where possible, the provision of a replacement service. Otherwise, the accommodation provider shall provide a reasonable discount on the price of the defective service. This is without prejudice to the guest’s right to withdraw from the contract in cases provided for by law or in cases expressly agreed with the accommodation provider, but the guest must reimburse the accommodation provider for the costs reasonably incurred and any other damage caused to the guest if the guest could not have prevented it.
9.7 A defect in the accommodation or related services does not include, in particular, temporary non-functioning, defects or wear and tear of the equipment that do not prevent normal use. The guest is not entitled to claim defective performance rights from items or services that are provided free of charge.
10. INFORMATION FOR CONSUMERS
10.1 The accommodation provider provides the following information to the guests in accordance with § 1811 and § 1820 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”):
a) Identity and contact details of the accommodation provider;
b) the main business of the accommodation provider: provision of accommodation services;
(c) designation of the service: the accommodation provider provides accommodation and accommodation-related services for guests on the basis of the conditions specified in the booking confirmation,
(d) cost of means of distance communication: the cost of means of distance communication shall be determined by the entities providing the means of distance communication services and shall not differ from the basic rate;
(e) an indication of the existence, method and conditions of out-of-court settlement of consumer complaints, including whether recourse may be made to a supervisory authority: a guest in the position of a consumer shall have the right to submit a proposal for out-of-court settlement of such a dispute to a designated consumer dispute resolution body. In the event that a consumer dispute arising out of an accommodation contract arises between the accommodation provider and a guest in the capacity of a consumer and cannot be resolved by mutual agreement, the consumer may submit an out-of-court dispute resolution application to:
Czech Trade Inspection Authority, Inspectorate for Olomouc and Moravian-Silesian Region, Provozní 5491/1, 722 00 Ostrava – Třebovice.
The Czech Trade Inspection Authority is a supervisory authority exercising supervision over 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;
(f) in accordance with the provisions of Section 1837(j) of the Civil Code, guests accommodated as consumers do not have the right to withdraw from the accommodation contract if the accommodation provider provides the performance within the specified period;
(g) the name of the Member State or Member States of the European Union whose legislation will govern the relationship between the guest and the accommodation provider based on the booking confirmation: the Czech Republic;
(h) indication of the language in which the accommodated guest will communicate with the accommodation provider during the stay and in which the accommodation provider will provide the accommodated guest with the contractual conditions and other information: Czech.
11. DATA PROTECTION
11.1.The accommodation provider is the controller of the guest’s personal data within the meaning of Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 96/46/EC (hereinafter referred to as “the Regulation”) and undertakes to act in accordance with the Regulation when managing the guest’s personal data. Within the meaning of Article 13 of the Regulation, the accommodation provider informs the guest about the processing of the guest’s personal data before booking the accommodation (before concluding the accommodation contract). Any personal data of the guest for the processing and transfer of which consent is required in accordance with the Regulation shall be processed by the accommodation provider only on the basis of such consent.
12. FINAL PROVISIONS
These accommodation conditions are governed by the law of the Czech Republic, in particular the Civil Code.
13. EFFECTIVENESS OF CONDITIONS
These accommodation conditions come into force on 1.10.2022