Terms and conditions of services provided by Sporthotel Kurzovní pod Pradědem, 793 24 Karlova Studánka 149, Czech Republic

1. General Terms and Conditions

    1.1. The general terms and conditions set out here apply to all cases covered by the general

terms and conditions. Changes to the terms and conditions can only be made in writing

following agreement by both parties.

    1.2. The parties to the contract are WACHAL MORAVIA s.r.o., Kozomínská 646/2, 184 00, Praha 8 – Dolní Chabry, listed in the Register of Companies at the Municipal Court, Prague, section C., insert 119591, company ID no. (IČO): 60747099, VAT no. (DIČ): CZ60747099, POSTAL ADDRESS FOR CORRESPONDENCE: 793 24 Karlova Studánka 149, in the capacity of provider of services at the Sporthotel Kurzovní (hereafter “(the) provider”) and the user(s) of the services provided by the provider (hereafter “(the) client(s)”).

    1.3. The services provided by the provider are recreational services (hotel accommodation) and related services provided by the provider. Detailed information on the accommodation is contained in the confirmation of your accommodation booking provided by the provider, which clients obtain together with the confirmation of their reservation. The subject of this contract is the provision of accommodation and care of the agreed extent to clients.

    1.4. The hotel is an accommodation facility in which clients are accommodated on the basis of a booking and a concluded contract. The contract is concluded when the booking is confirmed and the required deposit is paid. By using the hotel services, the client consents with these terms and conditions in full. If the client does not consent with any part of these terms and conditions, the client is not entitled to use the service. The provider reserves the right to change the terms and conditions. A change to the terms and conditions shall be published at least 15 calendar days before the change comes into effect.

    1.5. The client may not give a false name when using the services. A client using the services in the name of a third party is responsible for the accuracy of the information given.

2. Time Limitations

The contractual relationship between the provider and the client is established by the

confirmation of a duly completed booking of accommodation submitted by the

client provided that the client is a natural person (in the case of minors, the booking form is

signed by a legal representative); if the client is a legal entity (company, corporation), the

contractual relationship between the provider and the client is established by the confirmation of

a duly completed booking of accommodation signed by the authorized representative of the legal

entity; a further condition for the establishment of the contractual relationship between the

provider and the client is the payment of the price of the accommodation or the deposit as

governed by the Conditions of Payment. The contractual relationship ceases to exist 15 days

after the termination of the accommodation; this is also the time limit for the submission of any

claims by the client.

3. Booking of Accommodation

The client may book accommodation on-line via the website www.sporthotelkurzovni.cz, by e-

mail at recepce@sporthotelkurzovni.cz, in writing or by fax. In the case of electronic bookings,

the provider shall inform the client within 24 hours of the acceptance of the booking and shall

issue the appropriate documentation (confirmation of booking, invoice or post office payment

slip). This documentation shall be sent to the client immediately by electronic mail, with the

exception of the post office payment slip, which shall be delivered to the client’s postal address.

4. Prices of Accommodation

The price of the accommodation depends on the requirements of the client and is calculated on

the basis of the current price list for the services provided by the provider. The provider reserves

the right to alter prices if during the period between the setting of the prices and the provision

of the accommodation there occur changes in legislation or tax regulations and other changes

due to force majeure.

5. Conditions of Payment

The client receives, together with the confirmation of booking, an invoice or a post office

payment slip for the payment of a deposit for the accommodation plus any catering and

other services ordered; this deposit must be paid to account no. 1483908359/0800 by the

stated date (usually within 10 days). If the client fails to pay this deposit by the stated

date, the booking is automatically cancelled. The payment reference number is given on the

invoice or post office payment slip.

6. Responsibilities of the Client

    6.1. to furnish the provider with all requirements necessary for the due provision of the

services, especially by completing fully and accurately the booking form,

    6.2. to pay for the accommodation by the stated date,

    6.3. if the client is a legal entity (company, corporation), to authorize a representative to

communicate with the provider and to inform the participants of the terms and conditions and of

any other information obtained from the provider.

7. Cancellation of Bookings

    7.1. Cancellation of bookings must be carried out by clients in writing; clients must attach the

appropriate part of the booking form and the confirmation of payment and must deliver the

cancellation to the provider in person or by registered post (recorded delivery). The cancellation

fee depends on the date on which the cancellation is made (in the case of personal delivery to

the provider) or the date on which the registered letter is received by the provider.

    7.2. If the client cancels a booking, the provider charges a cancellation fee. Cancellation

fees are charged per person and are set as a percentage of the total paid deposit for the

accommodation depending on the number of days remaining until the planned date of

provision of services (accommodation), as given below, or a basic cancellation fee; the

minimum fee is CZK 1000. This does not apply if the deposit paid for the accommodation is

lower than CZK 1000. In such cases, the minimum cancellation fee equals the sum of the

deposit paid.

·   over 28 days 10%

·   27-22 days 20%

·   21-15 days 30%

·   14-6 days 40%

·   5-1 day(s) 60%

·   cancellation on the day of accommodation, or without prior notification: 100%  of the total paid deposit.

    7.3. No fee is charged for a change of client. No fee is charged for other changes to the booking by the client (change of date, type of room or suite).

8. Premature Termination of a Client’s Accommodation

Clients who during their period of accommodation violate the laws of the Czech Republic, fail to

respect the accommodation regulations, fail to respect the instructions and requests of the

provider, verbally assault a representative of the provider, damage property in the hotel, or

whose behaviour violates the rights of other clients, may have their accommodation prematurely

terminated with no right to compensation for services not used.

9. Changes to Agreed Services

    9.1. In the case of extraordinary circumstances or events due to force majeure, the provider

may cancel the accommodation or change the date or price of the service after agreement with

the client. If the client’s accommodation has already begun, the provider has the right to receive

payment for services provided up to that point.

    9.2. In the case of cancellation of accommodation by the provider, the provider must inform

the client of the cancellation immediately; the provider must refund the money paid by the client

in full within 5 days; if the client so requests, the provider shall allow the client to make a priority

booking for other selected dates of accommodation.

    9.3. In the case of significant changes – changes in the date of accommodation,

accommodation price rises of over 10%, changes to the programme of accommodation,

changes to facilities of a lower category, the provider must request the consent of the

client and must set a reasonable date by which the client is to reply. In the case of the

above-mentioned significant changes, the client has the right to withdraw from the

contract without incurring cancellation fees; in such cases, the client may not claim

financial recompense from the provider. If the client fails to notify the provider of

withdrawal from the contract by the set date, the provider shall assume that the client

consents to the change(s).

    9.4. The facilities, size and location of the rooms and suites in the hotel vary, and the

provision of accommodation is always contracted on an individual basis between the client and

the provider.

10. Complaints and Claims

    10.1. In cases of claims and complaints, the client must notify the provider of the

complaint without undue delay at the accommodation location and during the

accommodation period in order that the cause of the complaint may be rectified

immediately. If this is not possible, the client shall draw up a written claim with the

assistance of the provider. This written record then forms the basis for the claims

procedure. The record is usually written in duplicate (1 original for the provider and 1

    10.2.  If a complaint is not made immediately, the right of the client to obtain recompense for

later damages is reduced or annulled if such damages could have been prevented by timely

notification of the complaint. In the case of accommodation, claims cannot be made on the basis

of detriment and damage to property for which the client is wholly or partly responsible.

    10.3.  If the client fails to use the ordered services for subjective reasons, this does not

represent a basis for the provision of recompense or a discount.

11. Concluding Provisions

    11.1. If any stipulations of these terms or conditions prove to be invalid, this has no effect on

the validity of the terms and conditions as a whole.

    11.2. The contractual relationship between the client and the provider is governed by the

relevant stipulations of Act no. 513/91 (the Commercial Code) as subsequently amended.

    11.3. These terms and conditions were published and entered into legal force on 7 June 2007.

The terms and conditions were updated on 1 July 2009.