General terms and accommodation conditions

Transcription

1 General terms and accommodation conditions 1. Usage 1.1. These General terms and accommodation conditions, the relevant contract, Act.No 89/2012 Coll., the Civil Code and related regulations shall govern all legal relationships between tenant and landlord concerning short-terms accommodation and /or using other services in the area of Lipno Lake Resort 1.2. In these General terms and accommodation conditions indicate the term: "Conditions" terms of a contract and accommodation conditions "The legislation" Act.No. 89/2012 Coll., The Civil Code and with this Act related regulations "Landlord" company Lipno Lake Ltd., registered office Lipno nad Vltavou 302, Postal Code , ID No , registered in the Commercial Register kept by the Regional Court in Ceske Budejovice in section C, clouse "The area LLR" accommodation area with the address Lipno nad Vltavou 302, Postal Code "Accommodation unit" spatially defined complex of rooms and its accessories in the premises LLR designed for temporary accommodation of persons "Accommodation" using of accommodation and services associated with the use of accommodation units that are expressly marked by landlord "Other services" means services provided by the landlord at the premises LLR, which are not services connected with the use of accommodation unit "Website" landlord s website "Contract" means a contract of a temporary rent of accommodation units in the premises LLR and /or contract of providing other services in the premises LLR "Reservation" accommodation request and other services in the premises LLR created by completing an electronic form on the website or with other possible ways that allow the landlord to determine the identity and delivery information of the sender and the content of his demand "Confirmation" report from landlord about acceptance of the reservation sent to tenants "Offer" offer of accommodation and /or other services in the premises LLR designated either for a specific person or unclosed group of persons "Invoice" billing of agreed prices for accommodation and / or other services issued by the landlord to the tenant based on the confirmed reservation "Tenant" means a person who has shown an interest in a reservation form and would like to conclude the contract with the landlord and the person who concluded the contract with the landlord "User" a person which is related to the tenant based on the contract and authorized to use the accommodation and other facilities LLR premises during the agreed period of the rent or use other services "Operating rules" internal regulations of landlord specifying the accommodation conditions of using specific parts or equipment for the recreational using in the premises LLR, which the user is obliged to follow (for example visiting rules of playground, swimming pool, rules concerning with the use of apartment and other equipment).

2 1.3. All legal negotiations between the tenant and the landlord (offers, agreements, reservations and others) are conducted in written form, and a written legal negotiation shall be considered as legal negotiations made by landlord through e- mail or electronic forms Visible typographical and printing errors are not binding for the landlord By submitting/entering reservation to the landlord, tenant confirms that he has read and agrees with the terms of the offer, with the price of accommodation and/or with other services and with all these terms as an integral part of the contract, if concluded These terms are part of the contract By concluding the contract, all previous agreement between the landlord and the tenant will become invalid If the understanding in the contract is in contrary with the relevant parts of these terms, the provisions of the contract has priority over the wording of the terms and conditions Where the contract and/or these terms of the relevant part of the legal relationship between the tenant and the landlord does not expressly changed or the adjustment is inconsistent with the mandatory provisions of legislation, shall apply legal provision contained in the legislation. 2. Offers, Reservations and Contracts 2.1. The landlord offers accommodation and/or other services on the website as a commercial reports, the addressee agreed with the sending through the landlord authorized intermediaries as well as advertising materials from landlord With the conditions specified in the offer is landlord only bound by the period that is specified in the offer. Landlord is entitled these conditions during offer duration unilaterally changed in the same way as the offer was prepared until the time of reservation delivery in which the tenant responded to the offer The landlord accepts reservation and contracts only from persons over the age of 18. Reservation from people in the age under 18 are not accept If the tenant up to 14 days from sending/making reservations does not receive from the landlord confirmed reservation, reservation shall be considered as unaccepted The landlord has the right at any time without giving any reason to refuse a reservation or cancel the booking confirmation up to the time of conclusion of the contract If the landlord accepts reservation, he will send a confirmation of the reservation. The tenant is obliged to check all the information in the booking confirmation and immediately report any errors to landlord. 2.7.The contract between tenant and landlord is formed when the tenant receives an invoice relating to confirmed reservation. This reservation is confirmed as well by landlord Contract is related to rented accommodation unit, which has short-term limited duration and/or for using other services.

3 3. The contract amendment or confirmation of reservation 3.1. Amendment of contract can be only in writing Proposal for amendment the other party is not obliged to accept 3.3. If the landlord confirmed a proposal from tenant to change the contract or confirmed reservations, may require a lump sum of the compensation cost for amendment in the amount specified in the Price List of landlord. 4. Replacement of tenant and users 5. Prices 4.1. Tenant and users cannot let use accommodation and/or other services for any reason with any person who is not mentioned in the contract if there is no amendment with the landlord Prices of accommodation, other services, mandatory surcharges, optional surcharges as well as other prices and mandatory payments are listed in the landlord price list for the period in which is or will be accommodation and other services provided and/or will occur another fact establishing the obligation of the tenant to pay ( hereinafter also the "Price list"). The prices in the Price list are always valid, unless the contract is not expressly otherwise specified Unless is not expressly specified otherwise, then apply, that in the Price list prices include VAT 5.3. Prices are quoted in CZK and/or in EUR The tenant is obliged to pay to the landlord agreed price, as it is described in the written confirmation and subsequently in an issued invoice, and in an amount of specified currency and in due date of the invoice In cashless transfer for payment is considered crediting of appropriate amount of money on account of the landlord. In cash payment shall be considered takeover money from tenant to landlord The tenant is not entitle to require a discount or other requirement arising from the offer of the landlord if it has not been already specified in reservation and if the confirmation of reservation has been already sent The landlord is not entitled after the confirmation of reservation unilaterally rise up the price, except when due to changes in legislation will change the VAT rate to increase local tax for spa or leisure stay if this is included in the price and/or due to a significant change in the price relating to the accommodation and /or other services. As a significant change shall be considered increase of at least 5%, which will appear in the period from confirmation within the first day of accommodation. If for one of these reasons will landlord decide to raise the price, he will inform the candidates about the new price giving the reason in the same way as sending the confirmation of reservation. After the announcement of new prices the tenant is entitled to withdraw from the contract without the obligation to pay any compensation (cancellation fees) to the landlord stipulated in clause 12 hereof.

4 6. Mandatory surcharges and optional surcharges 6.1. The dispensation of mandatory and optional surcharges is in Price list of landlord The tenant is obliged, except price for accommodation and/or prices of other services, to pay the price for renting bed linen, final cleaning cost, local fee for spa or leisure stay if it is determined by communities in locations LLR and provided that this possibilities will be accepted - cost for additional equipment of accommodation units (for example baby chair etc.) or cost for placing a pet in accommodation unit Amount of the surcharges is in invoice as a part of the total price. If the obligation paying surcharges arise later (for example during accommodation or other reasons) the tenant shall pay to landlord these surcharges immediately after his billing in amount which is specified in the Price list, especially in the case of additional borrowing optional equipment of accommodation unit incorrect or delayed leaving from accommodation unit excessive pollution of accommodation unit using accommodation unit against the regulations of using equipment of the apartment 7. Payments 7.1. The agreed total price given by landlord in booking confirmation and in the invoice must be fully paid by the tenant before arrival and/or before commencement of other service If there is a period more than 60 days between the date of booking confirmation and the first day of accommodation, then tenant is obliged to pay to landlord a deposit of 30% of the total agreed price, within 14 days of the exposure of the invoice date. Surcharge of agreed total price must be paid for the accommodation no later than 6 weeks before the first day of accommodation In the case, that the period between the date of booking confirmation and the first day of the accommodation is less than 6 weeks then the tenant shall pay to landlord the full agreed price within the due date specified in the invoice In case of delay with payment of the total price or deposit, the landlord will noticed the tenant and after this notice, the tenant may pay in a substitute time limit, set by landlord, the owed amount (usually 7 days), but no later than the first day of accommodation. If the landlord does not receive the payment then the landlord has the right to cancel the contract. If the landlord withdraws from this reason the contract, he may be entitled to charge cancellation fees within the meaning of article 12 hereof. The right for damages after the own on arrival of tenant to the premises LLR that the agreed price has not been fully credited to the landlord account yet, the tenant shall pay the missing amount on the spot. Otherwise, the landlord has the right to withdraw from the contract and refuse the accommodation in premises LLR. If is proved later, that because of this became overpayment, the landlord returns immediately the overpayment to tenant If for some reason the accommodation and/or other services are not wholly or partly used from tenant for the entire agreed period of the contract or just for any

5 part of the period, the tenant is not allowed to demand refund of fees or just part of this fees. 8. Arrivals and departures 8.1. Accommodation is possible to commence earliest the day, which is, according to contract, the first day of accommodation (day of arrival), and between 15:00 to 17:00 pm. The day, which is, according to the contract, the last day of accommodation (day of departure), is tenant and the user obliged to leave cleaned accommodation units until 10:00 am If the tenant has an interest to extent agreed period of accommodation, the landlord is entitled, if he agrees with a change of the contract, to provide accommodation wholly or partly in another accommodation unit. 9. Operating regulations and other conditions of the use 9.1. Tenant and users are required to follow the operating regulations of the landlord laid down for the appropriate part of the premises LLR (for example playground visiting rules, swimming pool visiting rules, rules concerning of the use of apartments and other equipment). Operating regulations are published on the noticed board in the appropriate section of the complex LLR and at the front desk in the reception The landlord has the right to made changes to the settings and opening hours of each facilities in premises LLR Tenant and users are required on the first day of accommodation during their check-in at LLR reception show their ID card. The landlord has the right to refuse accommodation to person who fails to do so Tenant is responsible for the validity or accuracy of the personal data, travel and other documents which the tenant and users and pets need for travelling to/from stay in premises LLR. The landlord does not provide in this respect any advice and does not have any responsibility for the consequences arising from that fact that as a result of incorrect or invalid documents could not tenant, users or pets make their journey to/from and/or to stay in location LLR The landlord has the right to terminate immediately the contract if he later finds that the specified information in reservation of the tenant and/or users and/or other information specified in the reservation are incomplete or incorrect Accommodation unit may be occupied with the maximum number of persons that is specified in a list for each types of accommodation units Tenant and users are required to rent bed linen from the landlord 9.8. Tenant and users are required to leave the accommodation unit on the last day of accommodation at a specified time, without any things and adequately clean (for example washed dishes, removing of personal belongings, cleaned the fridge and throw out the rubbish) If there is necessary the maintenance or other repairs of accommodation units, are the tenant and user obliged without any compensation while lodging allow the necessary work For security reasons it is not allowed to build tents in the premises LLR.

6 10. Pets Breaking the rules which are set out in these operating regulations and conditions and/ or failure to follow instruction of staff than the landlord has the right the tenant or the users eject from LLR area without any compensation The landlord has the right, without giving any reason for refuse the presence of domestic animals on premises LLR Depending on the type of accommodation unit, landlord may permit in accommodation unit have no more than two pets Interest in locating a pet in the accommodation unit during the period of accommodation is the tenant obliged to mentioned this in his reservation. In the case of the landlord permission expressed in the booking confirmation, the tenant is obliged to pay the price for the location of the pet which is specified there Pets do not have access to the swimming pool, sports facilities, indoor facilities and other public places in the premises LLR (if it is not explicitly specified otherwise). Pets must be outside the accommodation unit on a leash and dogs must wear muzzle Pets must not endanger or disturb the occupants of the premises LLR. Otherwise, the landlord has the right to ban the presence of such an animal on premises LLR Portable box for pet is the tenant obliged to bring his own and dogs and cats must be equipped with the dog collar against leas and other parasites Pets permanently closed in a cage must be announced and may be charged (must be ordered when booking) Pets of tenant s and users visitors are not allowed Pets must have a valid certificate of the corresponding animal according to the European model, must be vaccinated against rabies and must have an identification mark, chip or tattoo. Otherwise, the landlord has the right to ban the presence of such an animal on premises LLR. 11. Tenant s responsibility for damage 12. Deposit Tenant is responsible for the condition of taken accommodation and its inventory as well as for the proper behaviour in/or around the accommodation unit or other facilities in the premises LLR only in the case if these facilities are used by user specified in the contract In the case of creation of damage for which the tenant is responsible, is obliged to compensate the damage in money, unless if he in a particular case will make a new agreement with the landlord and/or a damage person Damage of the accommodation unit and/or damage or loss of its inventory the tenant shall immediately report to the landlord or to the reception of LLR, regardless of whether or not he is responsible for The landlord may consider, but not later than the first day of accommodation, to ask the tenant for a deposit of 500,-- or the equivalent in CZK to cover any damages which can cause damage of accommodation unit or damage or loss of inventory and /or to cover other debts arising from the contract and/or its breaking. If appears some facts for which the deposit was paid, the landlord is

7 entitled to use this deposit for its claim by calculating the claim against the deposit If the tenant will not pay the deposit, the landlord is entitled to resign from the contract Deposit or its remaining part after paying its claims, the landlord returns to tenant in case if the accommodation unit will be properly left on time in accordance with the provisions hereof. 13. The cancellation of confirmed reservation by tenant or withdraw the contract with paying compensation (cancellation fees) The tenant is entitled to cancel the booking confirmation or withdraw from the contract within the first day of accommodation (including) the paying compensation (the cancellation fee) to landlord, when the withdrawal of the reservation or withdrawal from the contract then the cancellation fee is % of the total price of booking confirmation during a period longer than 42 days before the date of the first day of accommodation % of the total price of the booking confirmation in the period from 42nd day (including) until 28th day (except) before the date of the first day of accommodation % of the total price of the booking confirmation from 28th day (including) until the first day (except) % of the total price of the booking confirmation on the first day of accommodation Against the risk of the obligation to pay cancellation fees may tenant be insured. At the same time with booking reservation will formed a contract with the competent insurance company against cancellations. 14. Change of contract due to superior power If the landlord cannot observe the contract in whole or in part due to superior power than he shall immediately notify the tenant without delay and within 14days after such notice he shall submit a proposal for the change of the contract (other accommodation unit, other dates, etc.) It concerns to superior power in case if will occur some circumstances which prevents the landlord to behave in accordance with a contract and which are beyond his control ( for example the decisions of public authorities, the danger or war, strike, blockade, natural disaster, etc.), which landlord could not foresee or which he could not avoid even by exerting all the efforts, that may be from him reasonably requested In this case tenant has the right to reject a proposal to amend a contract within 14 day of its delivery. In case of rejection of the proposal by tenant, the landlord has the right to terminate the contract. The tenant has the right get a refund of paid sums. In this case the landlord is not obliged to pay damages, which occurred in connection with superior power.

8 15. Responsibility of landlord The landlord is responsible for damage on belongings which are brought or left into/in premises LLR by tenant and/or users only in that case if the tenant or users have adhered appropriate operating regulations about storage belongings and putting belongings off and the tenant or user did not contribute to the damage with braking regulations or with carelessness The landlord is not responsible for defects of externally provided services which were arranged by tenant and/or user arranged by his will The landlord is not responsible for damage caused to the third persons, who are permitted to stay in premises LLR including outdoor space, which was caused by the behaviour or omission from the side of tenant and/or users and/or third persons. 16. The complaints Despite the care and effort of the landlord, may the tenant have feeling that he has a legitimate complaint regarding to accommodation and/or other services. This complaint must be immediately report to the reception area of LLR or to the management of LLR. In the case if the complaint is not solved sufficiently on the spot according to the opinion of the tenant, may the tenant, within 1 month of the last day of accommodation submit a complaint in writing to : Lipno Lake Ltd., utmost care and the tenant will be informed about the result of investigation. Unless the tenant will not be satisfied with the arranging of a complaint, he may contact in three months from the last day of accommodation the competent authorities of the Czech Republic. 17. Governing law Contract and other legal relations between tenant and landlord are governed exclusively by the law of the Czech Republic. Any possible disputes between tenants and landlords, if there is no agreement, shall decide the court of the Czech Republic and for this decision is the competent ordinary court of landlord. 18. Sending information messages and data protection With personal data of tenant and/or users is landlord obliged to dispose according to Act. No. 480/2004 Coll., about some service information of society and to Act. No.101/2000 Coll., about protection of personal data Personal data of tenant and /or users is the landlord entitled to use only for the legal negotiations about conclusion of the contract, assert a claim of the contract or for legal negotiation about conclusion of the contract and/or to fulfil the obligations laid down by law The landlord has the right to send commercial or information reports to tenant and/or users, respecting the rights of these persons to refuse any information reports. The landlord shall request the statement of PERMISSION for sending information reports. The content of these information reports is especially notifications about recent news and the news related to the activities of landlord

9 and/or the offers of landlord and/or information about service offerings in the region Lipno. The tenant and/or user may give permission for sending information reports by responding to a received specifying the subject PERMISSION. In the case, that the tenant and/or user once gave the permission to receive information but he is not interested sending the other anymore,then the answer to a received must be with specifying the subject ELIMINATION and he may be eliminated from the distribution list of the landlord. 19. Effectiveness of the conditions These conditions shall take effect from 1st January 2014.