Article I.

Contractual relationship

These General Terms and Conditions of Business (hereinafter referred to as "GTC") apply to the procedure for concluding an accommodation contract and regulate the general rights and obligations between the accommodated person (hereinafter referred to as the "client") and the operator of the Wellness Hotel a.s. Frymburk 140, Frymburk 382 79, registered at the Registration Court in Prague (file number: B 8120) (hereinafter referred to as the "accommodation provider"). The contractual relationship between the accommodation provider and the client is governed by the relevant accommodation contract concluded between the accommodation provider and the client and these GTC. If a provision is not expressly provided for, the relevant provisions of the Civil Code shall apply. The individual provisions contained in the accommodation contract and/or the written confirmation of the reservation by the accommodation provider and/or their annexes shall prevail over the provisions of these GTC. The accommodation provider reserves the right to include other terms and conditions in its offers and/or advertising materials that take precedence over these GTC.

Article II.

Procedure for booking and concluding the accommodation contract

2.1 The accommodation provider offers accommodation and other related services to clients on a non-binding basis through its website www.hotelfrymburk.cz, through approved intermediaries and through the accommodation provider's advertising materials (hereinafter referred to as the "offer"). The information contained in the offer is for information purposes only. This indicative offer does not constitute an offer within the meaning of Section 1731 or 1732 of the Civil Code, nor does it constitute a public promise pursuant to Section 1733 of the Civil Code. This indicative offer does not entitle the client to conclude an accommodation contract. The offer is valid for the period and under the conditions stated therein, and the accommodation provider reserves the right to unilaterally change or specify the specific terms of the offer before the conclusion of the accommodation contract.

2.2 The Client sends the accommodation and services order to the accommodation provider via the electronic booking form located on the accommodation provider's website www.hotelfrymburk.cz or by other means. By sending the Order to the accommodation provider, the Client confirms that he/she has fully read these GTC and accepts them as terms and conditions and an integral part of the accommodation contract. The Client is obliged to fill in the information in the Booking Form completely (including any VAT number and tax identification number) and truthfully, and no further or other changes are possible after the submission of the Booking Form. The accommodation provider reserves the unlimited right to refuse the Order, even without giving any reason. The obligation to record personal data in the accommodation book is stipulated by the accommodation provider by § 101 of Act No. 326/1999 Coll., on the residence of foreigners in the territory of the Czech Republic. Wellness Hotel a.s. declares that all personal data provided in this registration form will be treated in accordance with the Personal Data Protection Act No. 101/2000 Coll.

2.3 Upon receipt of the client's Order, the accommodation provider shall verify the capacity and other conditions and shall send the client a written confirmation of the acceptance of the Order by e-mail, specifying the specific terms of the accommodation provider's binding offer, including a binding calculation of the price of accommodation and services, payment terms and payment instructions with these details: identification and contact details of the accommodation provider, identification and contact details of the client, date of arrival, date of departure, number of nights, type of accommodation, number, names and ages of persons, calculation of any discounts and instructions for payment of the total price, cancellation insurance (if agreed), amount of refundable deposit according to the accommodation regulations (hereinafter referred to as "Reservation").

2.4 In the case of an email enquiry, the client is obliged to pay the amount stated in the payment terms of the booking. In the case of creating a booking through the booking system, the client shall pay all or part of the amount (according to the payment instructions).

2.4.1 Deposit:

If a deposit for the total price has been set by the accommodation provider in the payment terms of the Reservation, an accommodation contract between the client and the accommodation provider is concluded, which includes these GTC , for the accommodation and services specified in the Reservation. If the Client fails to pay the deposit to the accommodation provider within the time limit specified in the payment terms, the Client is deemed to have accepted the terms of the Booking and the accommodation contract has been concluded. If the deposit has not been specified in the payment terms of the Booking, the Client is obliged to pay the total price of the accommodation and services within the time limit specified in the payment terms of the Booking, otherwise the cancellation conditions included in the GTC apply to the Booking. In the event that the guest fails to pay the deposit within the time limit, the reception will contact the guest. If the guest does not confirm the non-binding offer within 72 hours, the offer is cancelled and the guest is informed.

All requests are accepted by reception in writing, by email only. Only basic information (price, availability, general information) is provided over the phone.

2.4.2 Confirmation of reservation:

At the moment of confirmation, the reservation of accommodation and services becomes guaranteed by the accommodation provider and the accommodation provider sends the client a binding e-mail confirmation of the reservation of accommodation and services specified in the Reservation. At the moment of delivery of the Booking Confirmation to the Client, the accommodation provider undertakes to provide the accommodation and services to the Client within the scope and under the conditions specified in the Booking Confirmation. In the event that the Client has paid the Accommodation Provider a deposit but has not paid the balance of the total price of the accommodation and services within the time limit, the Booking is a Confirmed and Unguaranteed Booking.

The reservation procedure is further specified in paragraph 6.6 of Article VI of these GTC. Acceptance of a Reservation shall not be deemed to be acceptance with an amendment or deviation from the terms and conditions set out in the Reservation, even if it does not materially change the terms and conditions of the Reservation.

2.5 In the event of any typographical or calculation errors (in particular, apparently inadequate price of accommodation and/or services) or other incorrect data or other discrepancies in the Offer, Order, Booking and/or Booking Confirmation, the Host reserves the right to correct such errors or other discrepancies by itself or upon written request of the Client.

Article III.

Payment terms

3.1 The accommodation provider has the right to require the client to pay the total price of the accommodation and services specified in the Reservation before they are provided, or to pay a deposit if this is implied by these GTC or the Reservation.

3.2 The payment terms and the due date of the total price vary depending on the time before the client arrives at the accommodation. The total price of accommodation and services is due unless otherwise stated in the payment terms of the Booking:

• It is necessary to confirm the stay by sending the number, type and validity of the credit card of the ordering party, or by paying 50% of the amount for accommodation by advance payment.
• These payment terms apply unless otherwise stated in the Booking Payment Terms.

3.3 The total price of accommodation and services shall be paid, unless otherwise stated in these GTC or in the Reservation, usually by wire transfer to the accommodation provider's account specified in the payment instructions. Payment shall be understood as the crediting of the relevant amount to the bank account of the accommodation provider on the last day of the term at the latest.

3.4 Failure by the client to meet the deadline for payment of the total price or part thereof shall entitle the accommodation provider to withdraw from the contract and the client shall be obliged to pay the accommodation provider the costs associated with this (cancellation fees), the calculation of which shall be governed by the terms set out in Article VI of these GTC. Failure to comply with the deadline for payment of the deposit according to the Booking Conditions means that the accommodation contract is not concluded and the client and the accommodation provider have no claims against each other.

Article IV.

Price

4.1 Accommodation price means the price stated in the Booking as the price of accommodation for the relevant room for the number of persons stated in the Booking. Service Price means the price stated in the Booking as the price for the services ordered. Total price for accommodation and services means the price stated in the Booking as the total price with any discounts granted including taxes.

4.2 The accommodation provider is not entitled to unilaterally increase the total price during the period of validity of the Reservation, except in the following cases:

• if there is a change in the Reservation (e.g. change of room type, number of persons, etc.),
• if the client fails to prove or prove that the conditions for granting the claimed discount have been met,
• if there is a change in the legislation or in the rates of value added tax
• when the period from the sending of the Reservation to the arrival at the accommodation exceeds four months and during this period there is an increase in the price of accommodation and/or services of the accommodation provider, but this increase in the total price does not exceed 15% of the total price stated in the Reservation.

4.3 The Client is entitled to a discount on the total price if, at the latest when sending the Order, the Client informs the accommodation provider of all the decisive facts for applying the discount according to the accommodation provider's conditions for granting the discount, as specified in the accommodation provider's offer. The Client is not entitled to any other and/or additional discount at the moment of sending the Order. Any discounts announced by the accommodation provider after the date of sending the Order by the client do not entitle the client to benefit from this discount, unless otherwise stated.

4.4 The prices of accommodation and services of the accommodation provider are set and their payment is made in the legal monetary unit of the Czech Republic, the Czech koruna (CZK). In the case of payment for the service used to the accommodation provider directly at the reception of the accommodation provider, the price listed in the price list of the accommodation provider in CZK is binding after conversion at the fixed EUR exchange rate set by the accommodation provider for the day of use of the service.

Article V.

Changes in reservation

5.1 If circumstances arise that prevent the accommodation provider from providing the accommodation and/or service to the client in accordance with the Reservation, and if, due to the situation, it is possible to provide the client with other accommodation and/or an alternative service in the scope and quality identical or at least close to the originally ordered accommodation and/or service, or to provide the same accommodation and/or service on an alternative date, the accommodation provider is entitled and obliged to make the corresponding changes. In this case, the accommodation provider shall inform the client without undue delay of the conditions of the change and propose the change to the client. The client is entitled to cancel the service in the event of disagreement with the notified change and, in the event of a change concerning the accommodation, to withdraw from the contract. The accommodation provider is then obliged to reimburse the client without undue delay after the cancellation of the service and, in the event of cancellation of the entire contract, to reimburse the client for all payments made in connection with the contract. The provisions of these GTC on cancellation fees shall not apply to the benefits returned under this paragraph.

If the Client does not cancel the use of the service without undue delay after being notified of such a change in the use of the service or, in the case of accommodation, does not withdraw from the contract within 5 days of being notified of such a change, the Client shall be deemed to have accepted such change.

5.2 In the event of the impossibility to provide the client with the ordered and paid service in the scope and quality corresponding to the agreed conditions, the accommodation provider is obliged to return to the client the consideration paid by the client for such service. However, in the event that the accommodation provider provides an alternative service of the same or higher scope and/or quality with the client's consent, such alternative service shall be deemed to be the provision of the originally agreed service and the client shall have no further claims against the accommodation provider for failure to provide the originally ordered and paid service.

5.3 In the event that the Client has booked a single room (double room or smaller apartment) and has received a Booking, the Client will be charged the price of accommodation as per the Booking even if a larger room or apartment is provided.

5.4 The accommodation provider shall not be liable for changes caused by force majeure, decisions of public authorities, extraordinary circumstances or events that could not have been foreseen by the accommodation provider or that could not have been prevented even with all reasonably foreseeable efforts.

Article VI.

Cancellation or non-use of reservation and cancellation fee

6.1 The parties agree that the client has the right to terminate the accommodation contract at any time prior to the commencement of the accommodation without notice or to withdraw due to a material breach of the accommodation provider's obligations. The Parties further agree that in the event that the Client does not exercise the right to withdraw from the Contract, which is granted to the Client under certain conditions by law or by the Contract due to a material breach of the obligations of the accommodation provider, or in the event of termination or withdrawal from the Contract by the accommodation provider due to a breach of the Client's obligations, the Client shall pay the accommodation provider a cancellation fee.

6.2 The amount of the cancellation fee is agreed depending on the time remaining from the date of receipt of an effective notice by either party or withdrawal from the contract by the accommodation provider to the date of arrival at the accommodation, as specified in the Reservation. The amount of the cancellation fee is calculated as a percentage of the total price specified in the Booking. Upon such termination or withdrawal:

• 8-14 days prior to arrival the cancellation fee is 50% of the total price
• 2-7 days before arrival, cancellation fee is 75% of the total price
• 1 day before and on the day of arrival the cancellation fee is 100% of the total price of the stay
• 100 % of the total price upon arrival.
• the stay must be confirmed by sending the number, type and validity of the ordering credit card, or by paying 50% of the accommodation amount in advance

6.3 Both the notice and the withdrawal must be by e-mail and must be delivered to the other party. The accommodation contract is cancelled on the date on which the written notice or withdrawal is delivered to the other party.

6.4 In determining the number of days remaining until (and including) the date of arrival at the accommodation for the purpose of calculating the amount of the cancellation fee, the day on which the written notice or withdrawal is delivered to the other party shall be included in this number of days.

6.5 In the event that the Client fails to arrive at the accommodation on the day of arrival and/or fails to use the booked number of days of accommodation and/or services as per the Reservation without the fault of the Accommodation Provider, the Client shall not be entitled to any financial and/or other compensation and/or provision of alternative accommodation or services in relation to the Accommodation Provider and the Accommodation Provider shall be entitled to 100% of the total price of the accommodation and services specified in the Reservation.

6.6 In the event that the Client fails to appear for the accommodation and services and if, within the meaning of paragraph 2.4 of Article II of these GTC, the Client:

6. Confirmed and non-guaranteed reservation - the accommodation provider is entitled to cancel the reservation of the client by the expiry of 18:00 (eighteenth hour) of the day of arrival at the accommodation specified in the Reservation, whereby the client loses the right to accommodation and services according to the Reservation with the consequences according to paragraph 6.5 of these GTC and the accommodation provider is entitled to provide accommodation and/or services to another client of the accommodation provider.
7. Confirmed and guaranteed reservation - the accommodation provider shall be entitled to cancel the confirmed reservation by 10:00 a.m. (tenth hour) of the day following the date of arrival at the accommodation specified in the Reservation, unless otherwise notified by the client, whereby the client shall lose the right to the provision of accommodation and services according to the confirmed reservation with the consequences according to paragraph 6.5 of these GTC and the accommodation provider shall be entitled to provide accommodation and/or services to another client of the accommodation provider.

6.7 Upon the effective termination or withdrawal from the contract, the accommodation provider is obliged to return to the client all the benefits received from him/her after deduction of the cancellation fee or other benefits under the contract, unless the total amount of benefits paid by the client in accordance with these GTC has been exhausted, within 14 days from the delivery of the termination or withdrawal from the contract. In the event that the performance received from the Client, or if the Client had arranged cancellation fee insurance, the performance by the Insurer is insufficient to cover the cancellation fee or other performance under the Contract, the Client shall be obliged to transfer the amount due to the bank account of the Accommodation Provider without undue delay after the effective termination of the Contract.

6.8 The accommodation provider is entitled to withdraw from the contract in cases where the client substantially breaches the obligations set out in the contract, these GTC and/or the laws of the Czech Republic. The landlord is entitled to terminate the contract without notice before the expiry of the agreed period in the event that the client and/or persons accompanying him/her, despite a warning, grossly violate their obligations under the contract, these GTC, the accommodation or other operating rules of the landlord or the laws of the Czech Republic or good morals. In the event of such cancellation or termination by the accommodation provider, the client is obliged to pay the accommodation provider a cancellation fee in the amount specified in these GTC.

6.9 The cancellation or termination of the contract does not affect the right of the accommodation provider to payment of the total price stated in the Booking, possibly a cancellation fee, the rights of the parties to compensation for damages arising from the breach of a contractual obligation or arrangements which, due to their nature, are intended to bind the parties after the termination of the contract.

Article VII.

Client's rights and obligations

7.1 The basic rights of the client are primarily:

• the right to the provision of the ordered and paid accommodation and services to the extent and under the terms of the Reservation.
• the right to information about the accommodation and services offered and provided by the accommodation provider.
• the right to terminate the contract at any time without notice or to withdraw from the contract due to a material breach of the accommodation provider's obligations or to cancel the use of the ordered service under the conditions specified in these GTC, the contract or the legal regulations of the Czech Republic.
• the right to notify the accommodation provider in writing that another person will take part in the accommodation and/or services specified in the Reservation in his/her place, provided that such notification includes a statement by this person (new client) that he/she agrees to the accommodation, services and their price specified in the Reservation and that he/she meets all the conditions for participation in the accommodation and services, if required. The original Client and the new Client shall be jointly and severally liable for payment of the total price stated in the Booking and any administrative or other costs incurred by the Accommodation Provider in connection with the change of Client.
• the right to complain about faulty or poor quality accommodation or services and their settlement in accordance with these GTC.
• the right to protection of personal data and other data relating to the client and fellow travellers.

7.2 The basic obligations of the Client are in particular:

• the obligation to fill in the Order completely and truthfully, any attached forms necessary for the provision of accommodation and services, and to present the necessary documents for the identification of the client and travel companions (valid ID card, valid passport) upon arrival at the accommodation and, if necessary, without undue delay, to notify any changes to these data.
• fill in and sign the registration card when registering for accommodation.
• the obligation to notify the accommodation provider of the possible participation of foreign nationals.
• the obligation to report to the accommodation provider a change in the number of persons using the room and, in case of the accommodation provider's consent to this change, to enter them in the book of accommodated persons at the reception of the accommodation provider and to pay the accommodation price for such persons not listed in the Reservation according to the accommodation provider's price list. In the event of exceeding the maximum number of persons allowed for a given room and/or violation of the obligation to report persons using the property not listed in the Reservation, the accommodation provider is entitled to withdraw from the contract for material breach of the contract and to evict the client, persons accompanying him/her and other persons from the accommodation or use of services, thereby forfeiting the right to the provision of accommodation and/or services listed in the Reservation, as well as the right to reimbursement of paid and unused accommodation and/or services.
• the obligation to pay the total price of accommodation and services to the accommodation provider in accordance with the payment terms specified in the Reservation and in accordance with these GTC and to prove payment upon the request of the accommodation provider.
• the obligation to pay the cancellation fee to the accommodation provider in the cases specified in these GTC.
• the obligation to take the documents necessary for the accommodation and services from the accommodation provider.
• the obligation to arrive at the place of accommodation and/or services at the time specified.
• the obligation to follow the instructions of the accommodation provider's employees, accommodation and other operating rules issued by the accommodation provider for the use and provision of accommodation and services in Wellness Hotel a.s.. In the event that the client or persons accompanying him/her, despite a warning, grossly violate the obligations arising from the contract, these GTC or the regulations (rules) of the accommodation provider, legal regulations or good manners, or disrupt the programme or the use of accommodation and services of other clients of the accommodation provider, the accommodation provider is entitled to evict the client and persons accompanying him/her from the accommodation or the use of services (terminate the contract without notice), whereby the client loses the right to the provision of the accommodation and/or services specified in the Reservation, as well as the right to compensation for the paid and unused accommodation and/or services.
• the obligation of the client and persons accompanying the client to behave in such a way that their behaviour does not interfere with or restrict the use of the accommodation and/or services of other clients of the accommodation provider.
• the obligation to pay for any damage to the property of the accommodation provider caused by him/her and/or persons accompanying him/her or other persons to whom he/she has culpably allowed access to the property of the accommodation provider.
• animals are not allowed without exception.
• the client's obligation to pay the accommodation provider the difference in price after the discount stated in the Reservation in case the client fails to prove to the accommodation provider upon arrival at the accommodation and/or before the commencement of the use of services that the conditions for granting the discount on the price of accommodation and/or services have been met.
• the client (whether as a natural person or a legal entity) is responsible for compliance with the obligations arising from the contract, these GTC, the accommodation and operating rules of the accommodation provider and the legal regulations of the Czech Republic by the natural persons listed in the Booking Confirmation and/or accompanying him/her.

7.3 More detailed regulations of rights and obligations are contained in the accommodation and other operating rules of individual centres, which are publicly available to clients in individual centres.

Article VIII.

Complaints and information on out-of-court dispute resolution

8.1 The Client is entitled to complain to the accommodation provider about the quality of the accommodation and/or services provided if their quality or scope or other conditions do not correspond to the scope, quality and conditions specified in the Reservation. The accommodation provider undertakes to ascertain the circumstances of the complaint without undue delay and, in the event of a justified complaint, to ensure that the defective condition is rectified. The Client is obliged to file a complaint with the Accommodation Provider without undue delay after discovering the defective provision. Later claims will not be taken into account.

8.2 Information on out-of-court dispute resolution - The competent entity 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 Section 20e(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 No. 00020869, Internet address: http://www.coi.cz/ or another entity authorised by the Ministry of Industry and Trade.

Article IX.

Other provisions

9.1 Accommodation of the client by the accommodation provider is possible from 15:00 on the day specified in the Reservation as the first day of accommodation. If the client wishes to check-in earlier, it is possible for a fee of 500,-, but not earlier than 12:00 pm. The client is obliged to hand over the vacated property on the last day of accommodation specified in the Reservation no later than 11:00 am. In the event of delay in handing over the vacated property by the client, the accommodation provider is entitled to charge the client a contractual penalty of CZK 500 for each hour of delay (in words: five hundred Czech crowns).

9.2 If the accommodation provider has reasonable grounds to suspect that the client is using the property in violation of the terms of the Reservation or in violation of the accommodation provider's accommodation or operating rules or in violation of public order, the accommodation provider is entitled to enter the property and inspect its use.

9.3 The accommodation provider is not liable for damages caused to the functionality of the client's electrical or electronic equipment, as well as for any errors or incorrect information about the events or services provided by other persons.

9.4 No parking area of the Wellness Hotel a.s. is a guarded parking lot and the accommodation provider does not provide any supervision over the parked vehicles of the clients and/or their accessories.

9.5 By ticking the box "I agree to the sending of commercial communications by electronic means pursuant to Act No. 480/2004 Coll. and the processing of personal data for these purposes" in the booking form located on the website www.hotelfrymburk.cz (hereinafter referred to as the "Booking Form") and by sending it (or if the Order is not made via the website www.hotelfrymburk.cz, then by another explicit and demonstrable expression of the Client's will:

 (i) confirms that all personal data provided in the booking form (or other demonstrable expression of his/her will containing the required information, unless the Order is made via the website www.hotelfrymburk.cz) is true and correct, that he/she has been informed of his/her rights related to the management and processing of his/her personal data, in particular that he/she has rights under Sections 11, 12, 21 of Act No. 101/2000 Coll, on the protection of personal data, as amended (hereinafter referred to as the "Personal Data Protection Act"), or has familiarised himself with the contents of the Information on the processing of personal data and commercial communications, which are available on the website www.hotelfrymburk.cz,

(ii) consents on the basis of prior instruction:

• with the processing of his/her personal data within the meaning of the Personal Data Protection Act by the accommodation provider as administrator or other persons with whom the accommodation provider concludes a relevant contract as a processor pursuant to Section 6 of the Personal Data Protection Act, including the disclosure and transfer of the provided data to such processors and persons pursuant to Section 14 of the Personal Data Protection Act cooperating with the accommodation provider on the basis of a contract, namely
  • to the extent of the data of his name, surname, address, telephone number and e-mail address provided by him in the booking form (or other demonstrable expression of his will containing this information, if the Order is not made through the website hotelfrymburk.cz ) for an indefinite period, respectively. until the withdrawal or refusal of his consent, or his disagreement, to the use of the electronic contact indicated by him in the booking form (or other verifiable expression of his will containing this information, unless the Order is made through the website www.hotelfrymburk.cz), for the purpose of disseminating commercial communications within the meaning of the IS Services Act (i.e. with the sending of commercial communications to the Client via electronic means by the accommodation provider and the third parties referred to in the preceding paragraph), which will include commercial communications concerning the products, services, products and activities of both the accommodation provider and the third parties referred to in the preceding paragraph.

9.6 By ticking the box "I agree to the General Terms and Conditions" in the booking form and submitting it (or if the Order is not made via the website www.hotelfrymburk.cz then by another explicit and demonstrable manifestation of his/her consent to the General Terms and Conditions), the Client confirms that he/she has read the contents of the Information on the processing of personal data and commercial communications available on the website www.hotelfrymburk.cz and has thus been informed of his/her rights related to the management and processing of his/her personal data within the meaning of the Personal Data Protection Act.

More about data protection

Article X.

Final provisions

10.1 These GTC, within the meaning of § 1751 et seq. of the Civil Code, regulate the procedure for concluding, form the content of and are an integral part of the accommodation contract concluded between the client and the accommodation provider.

10.2 If a written form of legal action is required in these GTC, it shall be deemed to be in compliance with this form if the legal action is made in the form of a letter or e-mail.

10.3 These GTC may be amended and changed in full and without limitation by the accommodation provider in electronic form. In the event that such a change is made, the new version of the GTC will be placed on the website of the accommodation provider www.hotelfrymburk.cz and sent to the client with whom the Booking process is in progress. The amendment to these GTC shall become effective upon publication or delivery of the amended version to the Client. In the event of the client's disagreement with the published amendment to the GTC, the client is obliged to notify the accommodation provider of such disagreement in writing no later than two days after the delivery of the amendment to the GTC. The relationship between the Client and the Accommodation Provider and the resulting mutual rights, obligations and conditions shall be governed by the GTC sent to the Client together with the Booking.

10.4 If any particular provision of these GTC shall be found to be invalid, it shall be fully severable from the other provisions of these GTC and such invalidity shall not affect the validity and enforceability of any other provisions of these GTC.

10.5 In other matters not covered by these GTC, the client and the accommodation provider undertake to comply with the laws of the Czech Republic, good manners and customs in the field of accommodation services and to resolve any disputes preferably amicably.

10.6 These GTC shall take effect on 20.6.2023