General Terms and Conditions
Article I.
Contractual Relationship
1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to the process of concluding a accommodation contract and regulate the general rights and obligations between the accommodated (hereinafter referred to as "Client") and the operator of the Hotel Resort Klášter Želiv, company Klášter Želiv s.r.o. – Želiv 122, 394 44 Želiv, ID: 03502481 (hereinafter referred to as "Provider").
2. The contractual relationship between the Provider and the Client is governed by these GTC, the relevant accommodation agreement concluded between the Provider and the Client, and in matters explicitly not regulated by these provisions, by the relevant provisions of the Civil Code and applicable legal regulations. Deviating provisions from the GTC can be agreed in an individually concluded contract. Such deviating arrangements in an individually concluded contract take precedence over the provisions of the GTC. Prior to the provisions of these GTC, the individual arrangements contained in the accommodation contract take precedence. The Provider reserves the right to include other conditions in its offers that take precedence over these GTC. These GTC can be fully and unconditionally supplemented and changed electronically by the Provider. This provision does not affect rights and obligations arising during the validity of the previous version of the GTC. If such a change occurs, the new version of the GTC will be posted on the Provider's website www.hotelkasterzeliv.eu and automatically sent to the Client with whom the reservation process is ongoing. The change of these GTC becomes effective upon publication or delivery of its wording to the Client. In case of disagreement with the published change of the GTC, the Client is obliged to notify the Provider in writing of this disagreement no later than two days after receipt of the change of the GTC.
Article II.
Reservation Procedure and Conclusion of Accommodation Contract
1. The Provider offers accommodation and related services (hereinafter sometimes only "Accommodation") to interested parties via its website www.hotelklasterzeliv.eu and through approved intermediaries (hereinafter only "Offer"). The Offer is binding under the conditions and for the period specified therein, with the Provider reserving the right to unilaterally change or specify the specific conditions of the Offer. For the purpose of concluding an accommodation contract, the decisive state is the Offer at the moment when the Client makes a reservation of Accommodation through the Provider's reservation system.
2. Reservation of Accommodation – Reservation is made via an electronic reservation form located on the Provider's website www.hotelklasterzeliv.eu or by other individually agreed means with the Provider. The reservation system offers several reservation options, which differ according to the time of reservation, payment method, and the price of the Accommodation, as well as payment and cancellation conditions.
3. The Client enters basic requirements for Accommodation (arrival date, departure date, number and status of persons) on the Provider's website www.hotelkasterzeliv.eu, then clicks the "Reserve" button to access the Provider's reservation system, and subsequently selects the reservation option for the desired type of Accommodation from the menu. In the next step, the Client fills out the reservation form completely and truthfully (including the company ID and VAT number and request for a tax document, if requested by the Client, in the notes section of the form), then confirms by checking the relevant box that they have read and agree with these GTC and the Privacy Policy (which are accessible via a link with their names) and agrees with them. The same applies in the case of sending commercial communications to the Client electronically according to Act No. 480/2004 Coll. and processing personal data for these purposes (hereinafter only "Reservation"). The Client is sufficiently informed of the existence of the GTC and Privacy Policy and their content before making the Reservation and has the opportunity to review them. The Client will not be able to complete the Reservation without expressing consent to the GTC and Privacy Policy. The GTC and Privacy Policy form an integral part of the contract.
4. Before submitting the Reservation, the Client has the option to check the correctness and completeness of the data in the reservation form. The data provided in the submitted Reservation are considered correct and binding, and further or other changes after submitting the Reservation via the reservation form are not possible. If changes are needed, the Client contacts the Provider's reception. The Client submits the Reservation by clicking the "Confirm reservation" button. By submitting the Reservation to the Provider, the Client confirms that they have fully read these GTC, agree with them, and acknowledge them as conditions and an integral part of the accommodation contract. By submitting the Reservation, the Client expresses a binding interest in concluding the Accommodation Contract. After submitting the Reservation, if paying by card, the Client is redirected to the payment gateway (see Article III of the GTC) and pays the price of the Accommodation through it, following the instructions on the web interface. In the case of the Payment by bank transfer option, the Client will immediately receive from the Provider a message to the email specified in the Reservation, containing payment instructions. After successful payment, the Client receives a confirmation of the Reservation acceptance, including a summary of the Reservation and confirmation of the payment made.
5. Conclusion of the accommodation contract – The accommodation contract concluded between the Client and the Provider, which involves the provision of Accommodation according to the Reservation and/or according to an agreement with the Provider at the time of check-in at the resort reception (hereinafter only "Check-in at the resort reception"), is concluded according to the legal order of the Czech Republic, especially in accordance with Act No. 89/2012 Coll., Civil Code, as amended (hereinafter only "Accommodation Contract"). The Accommodation Contract and GTC are prepared in Czech unless the Client and the Provider agree otherwise. In such a case, it applies that in case of a dispute over the interpretation of terms, the interpretation of the Accommodation Contract in Czech prevails. The concluded Accommodation Contract is archived electronically by the Provider, who will provide the Client access to it.
6. The Client agrees to use remote communication means for concluding the Accommodation Contract. The costs incurred by the Client in connection with using remote communication means for concluding the Contract do not differ from the basic rate of the remote communication provider and are borne solely by the Client.
7. The Client is obliged to pay the Provider the price of the Accommodation specified in the Reservation in the manner and under the conditions according to the payment terms specified in these GTC (see Art. II, para. 4 and Art. VI of the GTC). By concluding the accommodation contract between the Client and the Provider, the Provider undertakes to provide the Client with the Accommodation to the extent and under the conditions specified in the Reservation and these GTC.
8. The moment the full price of the Accommodation, or a deposit specified according to the Reservation, is paid, the Accommodation Contract is concluded between the Client and the Provider, including these GTC, for the accommodation and services specified in the Reservation sent by the Client or agreed upon at the time of Check-in at the resort reception.
9. If there are errors in writing or calculation (especially obviously unreasonable accommodation and/or service prices) or other incorrect data or discrepancies in the Offer, Reservation, and/or Confirmation of reservation, the Provider reserves the right to correct these errors or rectify other discrepancies, either on its own or based on a written request from the Client.
Article III.
Payment Terms
1. Payment conditions and the due date of the Accommodation price vary depending on the reservation variant, which differs according to the period from the reservation date to the agreed start date of the Client's stay (hereinafter only "Start date of stay"), payment method, and the amount of the price, as well as payment and cancellation conditions:
The Client makes the Reservation at any time before the Start date of stay, the price of the Accommodation is paid by the Client in one installment amounting to 100% of the price of the Accommodation, with the condition that the payment is made cashless:
a) online by Payment Card through the Provider's reservation system according to paragraph 4 of Article II of the GTC, payable on the day of making the Reservation, or
b) in case of Payment by transfer, the reservation must be made 3 or more days before the Start date of stay, and the Client will immediately after sending the Reservation receive an email from the Provider containing payment instructions. The payment will be made by the Client in one installment of 100% of the accommodation price, payable within three (3) days of receiving the Provider's instructions, via bank transfer to the account specified in the payment instructions. After successful payment, the Client receives a confirmation of the Reservation, including a summary of the Reservation and confirmation of the payment made.
Group reservations – The Client (Company) confirms the Reservation based on the Offer received from the Provider's sales department by email at manager@zeliv.eu, within the period specified in the Offer. The Accommodation price is paid by the Client via an Advance invoice amounting to 50% of the accommodation price, with a payment deadline of 10 days unless otherwise agreed with the Provider's sales department. After the event, the remaining services will be billed based on the mutually pre-approved scope, and a Final invoice with a payment deadline of 14 days will be issued unless otherwise agreed.
2. Payment of the Accommodation price means crediting the relevant amount to the Provider's bank account within the due date.
Article IV.
Price
1. The Price of the Accommodation is the price specified in the Reservation and/or in the Offer valid on the Start date of stay, as the price for the agreed accommodation and services (i.e., the price of accommodation in the respective room type for the agreed number of persons, meals, additional services, wellness services, accommodation of a pet, etc.), including taxes and possible discounts. Recreation fees are not included in the Accommodation price and will be paid on the day of arrival at the Provider's reception. Each adult person over 18 years old is obliged to pay the recreation fee, which depends on the place of stay and the number of reserved nights, and its amount may change according to the decision of local authorities.
2. The Provider is not authorized to unilaterally increase the price of the Accommodation during the validity of the Reservation, except in cases:
a) if there is a change in the Reservation (e.g., change of object or date, number of persons, etc.),
b) if the Client does not prove or demonstrate the fulfillment of conditions for the claimed discount,
c) if there is a change in legal regulation or VAT rates.
3. The Client is entitled to a discount on the Accommodation price if, at the latest when sending the Reservation or at the Check-in at the resort reception on the Start date of stay, they inform the Provider of all relevant facts for applying the discount according to the Provider's conditions for its provision, specified in the Provider's Offer. After concluding the Accommodation Contract, the Client has no entitlement to any other or additional discounts unless otherwise stated in Article VIII, paragraph 1 of the GTC.
4. The prices of the Accommodation are set in the statutory currency of the Czech Republic, Czech crowns (CZK), and are paid in the statutory currency of the Czech Republic or in EUR. To convert the Accommodation price to EUR, the daily EUR exchange rate set by the Czech National Bank (CNB) valid on the day of making the Reservation or on the Start date of stay in the case of the Check-in at the resort reception is used.
Article V.
Changes to the Reservation
1. In case of circumstances preventing the Provider from providing the Client with the Accommodation according to the Reservation, and if it is possible to provide the Client with other accommodation and/or substitute service at the same time, scope, and quality as the originally ordered Accommodation, or to provide the same Accommodation at a different time, the Provider is authorized and obliged to make the appropriate changes. The Provider is obliged to inform the Client without undue delay about the conditions of this change and to propose this change to the Client. The Client is entitled to withdraw from the Accommodation Contract if they do not agree with such a change. The Provider is then obliged to return all payments received in connection with the Accommodation Contract without undue delay after withdrawal. The provisions of these GTC regarding cancellation fees do not apply to refunds made under this paragraph. If the Client does not withdraw from the contract within 5 days of receiving the notice of such a change, it is considered that they agree to the change.
2. If it is impossible to provide the Client with the ordered and paid service in the scope and quality corresponding to the agreed conditions, the Provider is obliged to refund the Client the payment made for such a service. However, if the Provider provides the Client with a substitute service of the same or higher scope and/or quality with the Client's consent, such substitute fulfillment is considered as the provision of the originally agreed service, and the Client has no further claims against the Provider for not providing the originally ordered and paid service.
3. If the Client is provided with Accommodation of higher quality or scope than specified in the Reservation, the Client will be charged the price of the Accommodation according to the Reservation.
4. The Provider is not responsible for changes caused by force majeure, decisions of public authorities, extraordinary circumstances or events that the Provider could not foresee or prevent even with all reasonably required efforts.
Article VI.
Cancellation or Non-utilization of Reservation and Cancellation Fee
1. Termination and withdrawal from the Accommodation Contract
a) The Client has the right to terminate the Accommodation Contract at any time before the Start date of stay without notice period and without giving a reason and/or withdraw due to a material breach of the Provider's obligations and in cases specified by the GTC. The Provider is entitled to withdraw from the contract in cases specified by these GTC and/or if the Client materially breaches the obligations set out in the Accommodation Contract, these GTC, or legal regulations of the Czech Republic.
b) The Provider is entitled to terminate the Accommodation Contract without notice before the expiration of the agreed period if the Client and/or accompanying persons grossly violate their obligations arising from the Accommodation Contract, these GTC, the Provider's accommodation or operational rules, or legal regulations of the Czech Republic or good morals, despite warnings.
c) Cancellation of Reservation - The reservation is considered canceled upon the futile expiration of the day on which the Client was obliged to pay the Accommodation price in accordance with the payment terms specified in the GTC at the time of their due date (see Article III, paragraph 1 of the GTC). In such a case, the Accommodation agreement does not come into existence.
d) The reservation is considered canceled in accordance with paragraph 7 of this Article VI.
2. The Client is obliged to pay the Provider a cancellation fee in cases specified in paragraph 1), points a), b), and d) of this Article VI, unless the Client exercises their right to withdraw from the Accommodation Contract under certain conditions granted by law or terminates the Contract due to a material breach by the Provider.
3. Cancellation fees
A) Cancellation fees – Individual clients: The amount of the cancellation fee is agreed depending on the reservation variant and the period remaining from the day of delivery of the proper notice and/or withdrawal from the Accommodation Contract, which are associated with the cancellation fee according to paragraph 2. The amount of the cancellation fee is calculated as a percentage of the Accommodation price. For such cancellations or withdrawals made:
a) Cancellation 15 to 8 days before arrival, a cancellation fee of 50% of the total reservation price will be charged.
b) Cancellation 7 to 4 days before arrival, a cancellation fee of 70% of the total reservation price will be charged.
c) Cancellation 3 or fewer days before arrival or in case of no-show, a cancellation fee of 100% of the total reservation price will be charged.
B) Cancellation fees – Group reservations
a) From the 30th (thirtieth) day to the 15th (fifteenth) day before the event date, 50% of the approved price proposal
b) From the 14th (fourteenth) day before the event date to the 7th (seventh) day before the event, 80% of the approved price proposal
c) From the 6th (sixth) day before the event date to the day of the event, 100% of the approved price proposal
d) After the day of the event, 100% of the approved price proposal.
C) Group reservations – Adjustment of the number of accommodation units in the reservation and the number of persons for meals and other ordered services:
a) Adjustment of the number of accommodation units in the reservation and the number of persons for meals and other ordered services free of charge up to the 14th (fourteenth) day before the start of accommodation or the event date.
b) From the 7th (seventh) day before the start of accommodation, 100% of the Accommodation and meal price.
4. Termination or withdrawal from the Accommodation Contract must be in writing and delivered to the other contractual party. The Contract is canceled on the day when the written notice or withdrawal was delivered to the other party.
5. When determining the number of days remaining until the Start date of stay for the purpose of calculating the cancellation fee, the day on which the written notice or withdrawal was delivered to the other party or the reservation was canceled is included in this count, but the Start date of stay itself is not included.
6. If the Client does not arrive for the stay on the Start date and/or does not use the agreed number of days or services without the fault of the Provider, the Client has no right to any financial or other compensation or substitute accommodation or services, and the Provider is entitled to charge 100% of the Accommodation price.
7. If the Client does not arrive for the stay and the Provider does not receive any other message from the Client, the reservation is considered canceled upon the futile expiration of 10:00 a.m. on the day following the Start date of stay. The Client thereby loses the right to the Accommodation according to the Reservation, with consequences according to paragraph 6), Article VI of these GTC, and the Provider is entitled to provide the Accommodation to another interested party.
8. After effective termination and/or withdrawal from the Accommodation Contract, the Provider is obliged to return all payments received from the Client after deducting cancellation fees or other payments under the Contract, unless the total amount paid by the Client has been exhausted in accordance with these GTC, within fourteen (14) days of their delivery.
9. Withdrawal or termination of the Accommodation Contract does not affect the Provider's right to payment of the Accommodation price, cancellation fee, the right of the contractual parties to damages for breach of contractual obligations, or provisions that, due to their nature, are intended to bind the parties even after the termination of the Accommodation Contract.
Article VII.
Client Rights and Obligations
1. The basic rights of the Client are primarily:
a) the right to receive the ordered and paid Accommodation in the scope and under the conditions of the Accommodation Contract,
b) the right to receive information regarding the accommodation and services offered and provided by the Provider,
c) the right to terminate the contract at any time before the Start date of stay without notice period and without giving a reason or to withdraw from the contract due to a material breach of the Provider's obligations and in other cases according to the GTC under the conditions specified therein, the Accommodation Contract, or the laws of the Czech Republic.
d) the right to notify the Provider in writing that another person will participate in the Accommodation instead of them, under the condition that this notification includes a declaration from this person (new Client) that they agree with the accommodation, services, and their price specified in the Contract, and that they meet all conditions for participation in the Accommodation, if required. The original and new Client are jointly and severally liable for paying the total price specified in the Contract and any administrative or other costs incurred by the Provider in connection with the change of Client.
e) the right to complain about incorrectly or poorly provided accommodation or services and their resolution in accordance with these GTC.
f) the right to data protection and other personal data concerning the Client and traveling companions.
2. The basic obligations of the Client are especially:
a) to fully and truthfully fill out the Reservation, any attached forms necessary for providing the Accommodation, and to present at check-in the necessary documents for identification (valid ID card, valid passport) and to promptly notify any changes to these details.
b) to fill out and sign the registration card upon check-in.
c) to notify the Provider of the participation of foreign nationals.
d) to notify the Provider of any change in the number of persons using the facility and, with the Provider's consent, to record them in the accommodation register at the Provider's reception and pay for unlisted persons in the Reservation according to the Provider's price list. Exceeding the maximum allowed number of persons for a given room type and/or failure to report persons not listed in the Reservation and using the room may result in the Provider withdrawing from the contract for material breach and evicting the Client, accompanying persons, and other persons from the Accommodation, thereby losing the right to the Accommodation specified in the Contract and the right to a refund of paid and unused Accommodation.
e) to pay the Provider the Accommodation price according to the payment terms specified in the Contract and in accordance with these GTC, and to prove its payment upon request of the Provider.
f) to pay the Provider the cancellation fee in cases specified in these GTC.
g) to take over from the Provider the documents necessary for the use of the Accommodation.
h) to arrive at the designated time at the place of the Accommodation.
i) to follow the instructions of the Provider's employees, the accommodation, and other operational rules issued by the Provider for the use and provision of accommodation and services. If the Client or accompanying persons grossly violate obligations arising from the Accommodation Contract, these GTC, or the Provider's rules, legal regulations, or good morals, or disrupt the program or use of services of other clients, the Provider is entitled to evict the Client and accompanying persons from the accommodation or service use (terminate the Contract without notice), losing the right to the Accommodation and the right to a refund of paid and unused Accommodation.
j) to behave in a manner that does not disturb or restrict the use of accommodation and/or services of other clients of the Provider.
k) to pay for damages to the Provider's property caused by themselves, accompanying persons, or other persons, and/or their pets, which they have negligently allowed access to the Provider's property.
l) to specify in the Reservation that they request accommodation in a room (if possible) with a pet and the possible number of pets. If the Client does not do so, the Provider, due to limited capacity for accommodating clients with pets, or because some rooms do not allow pets at all, may refuse to accommodate the Client and withdraw from the Contract, losing the right to the Accommodation specified in the Contract and the right to a refund of paid and unused Accommodation unless the parties agree otherwise.
m) to pay the difference in the price of the Accommodation after the discount specified in the Reservation if the Client does not prove to the Provider the fulfillment of conditions for the discount.
n) The Client (whether as an individual or legal entity) is responsible for complying with obligations arising from the Accommodation Contract, these GTC, the Provider's rules, and the laws of the Czech Republic by the persons specified in the Reservation Confirmation and/or accompanying persons.
o) More detailed provisions on rights and obligations are contained in the Provider's accommodation and other operational rules, which are publicly available to clients at the Provider's reception.
Article VIII.
Complaints and Information on Out-of-Court Dispute Resolution
1. The Client has the right to complain to the Provider about the quality of the provided accommodation and/or services if their quality, scope, or other conditions do not correspond to the scope, quality, and conditions specified in the Accommodation Contract. The Provider undertakes to investigate the circumstances of the complaint without undue delay and, in the case of a justified complaint, to remedy the defect or provide the Client with a discount. The Client is obliged to file the complaint with the Provider without undue delay after discovering the defective provision. Later complaints will not be considered.
2. Information on out-of-court dispute resolution - The entity competent for out-of-court dispute resolution (ADR) between the operator and the client arising from the provision of accommodation and related services (consumer disputes) is according to § 20e letter d) of Act No. 634/1992 Coll., on Consumer Protection, as amended, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, website: http://www.coi.cz/ or another entity authorized by the Ministry of Industry and Trade.
Article IX.
Other Provisions
1. The Client's accommodation by the Provider is possible from 14:00 on the first day of accommodation specified in the Reservation. The Client is obliged to vacate the object on the last day of accommodation specified in the Contract no later than 10:00. In case of delay in vacating the object by the Client, the Provider may charge a contractual penalty of CZK 500 (five hundred Czech crowns) for each commenced hour of delay. This does not affect the Provider's right to full damages.
2. If the Provider has reasonable suspicion that the Client is using the room contrary to the conditions of the Accommodation Contract or in violation of the Provider's rules or legal regulations, the Provider is entitled to enter the room and conduct an inspection of its use.
3. The Provider is not responsible for damages caused to the functionality of electrical or electronic devices of the Client or for any errors or incorrect information about events or services provided by third parties.
4. A Client who checks in before 6:00 a.m. (sixth hour) pays the rate for the entire previous night.
5. No parking lot of the Klášter Želiv Hotel Resort is a guarded parking lot or guarded garage, and the Provider does not provide any supervision over the parked vehicles of clients and/or their belongings.
6. By checking the box "I agree to receive commercial communications via electronic means according to Act No. 480/2004 Coll. and the processing of personal data for these purposes" in the Provider's reservation form located on the website www.hotelkasterzeliv.eu (hereinafter only "Reservation Form") and submitting it (or if the Accommodation Contract is not concluded via the Provider's reservation system on www.zeliv.eu, then by other explicit and verifiable expression of intent of the Client):
a) confirms that all personal data provided in the Reservation Form (or other verifiable expression of intent containing the required information, if the Accommodation Contract is not concluded via the Provider's reservation system) are true and correct, that they have been informed about their rights related to the management and processing of their personal data, especially that they have rights under Regulation (EU) 2016/679 of the European Parliament and of the Council 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 95/46/EC (General Data Protection Regulation) (hereinafter only "Regulation") – to withdraw consent at any time, request information from the Provider as the data controller about which of their personal data are processed, request a copy of these data, have them updated or corrected, request restriction of processing, request deletion of these personal data, data portability, file a complaint with the Office for Personal Data Protection, or contact the court. They also acknowledge the content of the Privacy Policy and the commercial communications available on the website www.hotelkasterzeliv.eu and in the Reservation Form,
b) grants their prior consent:
- to the processing of their personal data by the Provider as the controller, or by other persons with whom the Provider concludes a relevant agreement under the Regulation, including the disclosure and transfer of provided data to these processors and persons cooperating with the Provider under a contract under the Regulation, in the scope of their name, surname, address, phone number, and email address provided in the Reservation Form (or other verifiable expression of intent containing this information, if the Accommodation Contract is not concluded via the Provider's reservation system), for an indefinite period or until withdrawal or rejection of their consent, for the purpose of business and marketing, especially offering goods, services, products, and informing about events and activities of the Provider, including offers made by the Provider and sending commercial communications via electronic means according to Act No. 480/2004 Coll. on certain services of the information society and amendments to certain laws (hereinafter only "Law on IS services");
- to the use of electronic contact details provided in the Reservation Form (or other verifiable expression of intent containing this information, if the Accommodation Contract is not concluded via the Provider's reservation system) for the purpose of disseminating commercial communications within the meaning of the Law on IS services (i.e., sending commercial messages to the Client via electronic means by the Provider), which will include commercial messages related to the products, services, activities of the Provider.
7. By checking the box "I agree with the general terms and conditions" in the Reservation Form and submitting it (or if the Accommodation Contract is not concluded via the Provider's reservation system, then by other explicit and verifiable expression of consent to the GTC), the Client confirms that they have read the Privacy Policy and the commercial communications, which are available on the website www.hotelkasterzeliv.eu, and that they have been informed of their rights under the Regulation regarding the management and processing of their personal data.
Article X.
Final Provisions
1. These GTC, within the meaning of § 1751 et seq. of the Civil Code, regulate the process of conclusion, form the content, and are an integral part of the accommodation contract concluded between the Client and the Provider.
2. If a written form of legal act is required in these GTC, it is considered fulfilled if the act is made in the form of a letter, fax, or email.
3. If any individual provision of these GTC is found to be invalid, it is fully separable from the other provisions of these GTC, and such invalidity will not affect the validity and enforceability of any other provisions of these GTC.
4. In other matters not regulated by these GTC, the Client and the Provider undertake to be guided by the laws of the Czech Republic, good morals, and customs in the provision of accommodation services, and to resolve any disputes primarily amicably.
5. These GTC become effective on June 1, 2024.