1. OPENING PROVISIONS
1.1. These Terms and Conditions of Accommodation at Maximus Resort, a.s. – Plant: Hotel SEN, Malostranská 344, 251 66 Senohraby (hereinafter referred to as “Hotel”), which is operated by the Provider, form an integral part of the Terms and Conditions, the Contract, provided that the subject matter of the Contract is a Service comprising the provision of accommodation and any supplementary Services and catering. In such a case, the term “Contract” refers to the accommodation contract (hereinafter referred to as the “Accommodation Contract”).
1.2. The Hotel’s Terms and Conditions of Accommodation include the Hotel’s accommodation regulations (hereinafter referred to as the “Accommodation Rules”). In the alternative, Section 2326 et seq. of the Civil Code shall apply.
2. CONTRACT CONCLUSION
2.1. The Customer shall make a Binding Accommodation Booking via the online form available on Provider’s website, or shall make the Booking by other means agreed individually with the Provider.
2.2. Under the Accommodation Contract, the Customer is in the position of a guest and is interested in the services offered by the Hotel, as well as other supplementary services as defined in this Annex No. 3 of the Terms and Conditions, for which the Customer shall pay the Provider, who acts as the accommodation provider, the agreed price.
2.3. The Accommodation Contract is concluded between the Provider and the Customer via an electronic form on Provider’s website at the time specified in paragraph 3.2 of the Terms and Conditions.
2.4. The accommodation unit at the Hotel in which the Customer is to be accommodated in accordance with the Binding Booking (hereinafter referred to as “Accommodation Unit”), the dates of accommodation in the Accommodation Unit, the number of persons accommodated in the Accommodation Unit, any additional Services and meals (hereinafter referred to in this Annex No. 3 simply as “Accommodation”), and the price for the Accommodation is agreed between the Provider and the Customer in the Accommodation Contract.
3. PRICE, PAYMENT, CREDIT CARD GUARANTEE
3.1. The prices of the Services provided, which include the provision of accommodation and other related services (hereinafter referred to as the “Accommodation Price”), are displayed on Provider’s website. The price for Accommodation consists of a deposit (hereinafter referred to as “Deposit”) made on the day a Binding Booking is made, and a balance payment (hereinafter referred to as “Rest Payment”).
3.2. Unless otherwise specified on Provider’s website, the Customer is obliged to pay the total price of the Accommodation in advance, either via the payment gateway as part of the process of concluding the Accommodation Contract within the booking system on Provider’s website, or by bank transfer to Provider’s account. The Customer is obliged to pay the additional charge upon arrival at the Hotel, either in cash to the Provider or by card. If the Rest Payment is not paid, the Provider is not obliged to accommodate the Customer at the Hotel.
3.3. The Accommodation Price means the price specified in the Accommodation Contract and includes the price of Accommodation in the relevant Accommodation Unit for the agreed number of persons, as well as any additional Services agreed in the Accommodation Contract (typically, this may include the cost of meals, additional services, a pet surcharge, etc.). The Accommodation Price also includes the price of a voucher, the redemption of which will result in the provision of Services provided by a third party, provided that such Services have been ordered (including orders as part of a Package).
4. CUSTOMER’S OBLIGATIONS
4.1. The Customer is particularly obliged to:
4.1.1. arrive at the Hotel on the agreed start date of the Accommodation (referred to in this Annex 3 as “Check-in Date”), at a time permitted by the Accommodation Rules, unless the Contracting Parties agree otherwise;
4.1.2. present the necessary identification documents (valid identity card, valid passport) on the day of arrival when checking into the Accommodation of the Customer and all persons who, pursuant to the Contract concluded between the Customer and the Provider, will be accommodated at the Hotel (hereinafter referred to as “Accommodated Persons”);
4.1.3. where applicable, notify the Provider that the Accommodated Persons are foreign nationals;
4.1.4. on arrival at the accommodation, please complete and sign the registration form;
4.1.5. pay the Accommodation Provider the Accommodation Price in accordance with the payment terms set out in the Accommodation Contract and the Terms and Conditions, and provide proof of payment upon request by the Accommodation Provider; and furthermore, to pay local charges, the amount of which is communicated to the Customer upon conclusion of the Accommodation Contract;
4.1.6. notify the Provider of any change in the number of persons using the Accommodation Unit and, should the Provider agree to such a change, register such persons at the reception of Provider’s Hotel and pay the Accommodation fee for these persons in accordance with Provider’s current price list (in which case such a person is also considered an Accommodated Person); this provision shall apply mutatis mutandis where the Accommodated Person brings a dog to stay, for which the Hotel charges the relevant fee in accordance with the price list;
4.1.7. pay the Provider any cancellation fees as set out in the Accommodation Contract and the Terms and Conditions;
4.1.8. collect from the Provider the documents and items necessary for the use of the Accommodation (hereinafter referred to as “Entrusted Items”);
4.1.9. comply with the instructions of Provider’s staff, the Accommodation Contract, the Terms and Conditions, the Accommodation Rules and other internal and operational regulations, as well as the laws of the Czech Republic, and to act in accordance with good morals;
4.1.10. compensate, upon Provider’s request, for any damage to the Entrusted Items (including the loss of the Entrusted Items) or to any other property of the Provider caused by the Accommodated Person(s);
4.1.11. On the final day of the Accommodation specified in the Accommodation Contract, to hand over the Accommodation Unit in a cleared-out condition by no later than the time specified in the Accommodation Rules; if the Customer vacates the Accommodation Unit later than this, the Provider is entitled to charge the Customer a fee of 500 CZK (five hundred Czech korunas) if the Accommodation Unit is vacated by 14:00, and a fee of 1 000 CZK (one thousand Czech korunas) if the Accommodation Unit is vacated by 16:00.
4.1.12. refrain from making any alterations to the Accommodation Unit without Provider’s written consent.
5. TERMINATION OR EXPIRY OF THE ACCOMMODATION CONTRACT
5.1. The Customer is entitled to terminate the Accommodation Contract without notice before the end of the agreed period of accommodation, even without giving a reason.
5.2. The Provider is entitled to terminate the Accommodation Contract without notice prior to the expiry of the agreed period of accommodation, provided that the Customer and/or the Accommodated Persons, despite a warning from the Provider, are in gross breach of their obligations under the Accommodation Contract, the Terms and Conditions, the Accommodation Rules, other internal and operational regulations, or the laws of the Czech Republic and the principles of good conduct.
5.3. The Provider is also entitled to terminate the Accommodation Contract without notice prior to the expiry of the agreed period of accommodation, provided that the Customer fails to pay the Additional Charge in good time.
5.4. The Customer, who is a Consumer, acknowledges that they do not have the right to withdraw from the Accommodation Contract without giving any reason within 14 (fourteen) days from the date of conclusion of the Accommodation Contract in accordance with the provisions of Section 1829 of the Civil Code, where the Accommodation Contract was concluded by means of distance communication or outside Provider’s business premises, as the Services provided under the Accommodation Contract are of the nature of the services referred to in Section 1837(j) of the Civil Code and are provided within a specified time frame.
5.5. In case of termination or expiry of the Accommodation Contract, the Provider is obliged to return to the Customer all payments received from the Customer under the Accommodation Contract or in connection with it (provided that the Customer has not used up such benefits in accordance with the Accommodation Contract and the Terms and Conditions), after offsetting any cancellation fee in accordance with Article 5.6 of this Annex 3, within 14 (fourteen) days of the date of termination or expiry of the Accommodation Contract.
5.6. If the payments received by the Provider from the Customer under or in connection with the Accommodation Contract are insufficient to cover the cancellation fees to which the Provider is entitled under the Accommodation Contract and the Terms and Conditions, the Customer shall be obliged, upon written request from the Provider, to pay the outstanding amount within the time limit and in the manner specified in the request.
5.7. Notice of termination or withdrawal from the Accommodation Contract must be given in writing and must be served on the other Party. The Accommodation Contract shall be terminated/shall cease to have effect on the date on which written notice of termination or withdrawal is served on the other Party.
6. ACCOMMODATION CANCELLATION AND CANCELLATION FEES
6.1. If the Accommodation Contract is cancelled by the Customer 72 (seventy-two) hours or less before the Check-in Date, the Customer is obliged to pay the Provider a cancellation fee amounting to 100 per cent (one hundred per cent) of the total Accommodation Price, unless otherwise specified in the Contract.
6.2. The Provider may, on Provider’s website, advertise special offers for the Services which are subject to specific cancellation terms, of which the Provider shall inform the Customer in the Contract. These special cancellation terms shall take precedence as part of the Contract.
6.3. The Customer is also obliged to pay the Provider a cancellation fee amounting to 100 per cent (one hundred per cent) of the total Accommodation Price should the Customer cancel the Accommodation Contract at any time from the Check-in Date until the end of the Accommodation period agreed in the Contract.
6.4. If the Customer fails to arrive at the Accommodation on the Check-in Date, or if they do not stay for the agreed number of days at the Accommodation through no fault of the Provider, the Guest shall not be entitled to any financial and/or other compensation from the Provider, and the Provider shall be entitled to a cancellation fee amounting to 100 per cent (one hundred per cent) of the total Accommodation Price.
6.5. The Provider is also entitled to use the Advance Payment to cover cancellation fees in accordance with this Article 6, to which the Customer expressly agrees. Any cancellation of a binding booking by the Customer must be made in writing in accordance with paragraph 6.4 of the Terms and Conditions.
7. PROVIDER’S LIABILITY FOR CUSTOMER’S PROPERTY
7.1. If an item is found to have been lost or stolen, the Customer is obliged to report this to the Provider without delay.
7.2. The Provider is obliged to compensate for any damage to property brought by the Accommodated Person into the premises designated for accommodation or for the storage of belongings, or to property brought there on the Accommodated Person’s behalf. This also applies where the item has been taken into Provider’s custody for that purpose. If the Provider proves that the damage would have occurred in any event, or that the damage was caused by the Customer or a person accompanying the Customer at Customer’s request (typically a Guest), the Provider shall be exempt from any liability to pay compensation. The Hotel is not responsible for any damage caused to the Accommodated Person by negligence, e.g. failure to lock the room, etc. The Accommodated Persons must claim their right to compensation without undue delay but no later than within 15 days since realising the damage.
7.3. At Customer’s request, the Provider shall take into safekeeping (or into the hotel safe at the Hotel’s reception) any cash, jewellery or other valuables from the Customer, unless such items are dangerous or their value or quantity is disproportionate to the Hotel’s capacity.
8. CUSTOMER’S LIABILITY
8.1. The Customer is liable for any damage caused to the Entrusted Items (including their loss) and to Provider’s other property, provided that the Customer does not prove that neither they nor any other Accommodated Person was responsible for such damage. The Customer is obliged to reimburse the Provider for such damage upon receipt of a written request from the Provider, within the time limit and in the manner specified in the request. This claim by the Provider for compensation for damages also applies to any damage which is only discovered by the Provider after the Customer’s stay at the Hotel has ended.
8.2. The Customer is responsible for ensuring compliance with Provider’s instructions, the obligations arising from the Accommodation Contract, the Accommodation Rules, the Terms and Conditions and the laws of the Czech Republic by the Guests and/or any other persons who may have visited the Customer or spent time with the Customer at the Hotel.