for the provision of services
Maximus Resort, a.s., company registration number: 269 65 437, with its registered office at Hrázní 327/4a, Kníničky, 635 00 Brno, registered in the Commercial Register maintained with the Regional Court in Brno, Section B, File 4332 (hereinafter referred to as “Provider”) governing the terms and conditions for the provision of services relating to accommodation, rental of Event Spaces, the staging and organisation of events, and catering by the Provider, in particular at the premises of Hotel SEN, Malostranská 344, 251 66 Senohraby (hereinafter referred to as “Services” and “Terms and Conditions”).
1. OPENING PROVISIONS
1.1. These Terms and Conditions govern in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code as amended (hereinafter referred to as “Civil Code”) the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract for the provision of Provider’s Services specified below (hereinafter referred to as the “Contract”) concluded between the Provider and a third party acting as the customer for such Services (hereinafter referred to as “Customer”).
1.2. The provisions of the Terms and Conditions are an integral part of the Contract from the moment its conclusion. Provisions deviating from the Terms and Conditions may be agreed on a case-by-case basis in writing. Any deviating provisions in the Contract shall take precedence over the provisions of these Terms and Conditions.
1.3. Special provisions concerning accommodation and rental of event space are set out in the annexes to these Terms and Conditions and are an integral part of these Terms and Conditions and the relevant Contract (hereinafter referred to as “Special Terms and Conditions”). Where the Special Terms and Conditions set out rights and obligations that differ from those in the General Terms and Conditions, the Special Terms and Conditions shall take precedence over the General Terms and Conditions.
1.4. In connection with Provider’s operations, services may be offered which are provided by a party other than the Provider (typically in the case of wellness services) (hereinafter referred to as “Services provided by a third party”). Services provided by a third party may be provided upon redemption of a voucher purchased by the Customer from the Provider; the terms and conditions governing the sale of vouchers are available here. Services provided by third parties may be offered as part of packages comprising several services sold together (e.g. accommodation, catering and wellness) available for purchase on Provider’s website (hereinafter referred to as “Packages”). These Terms and Conditions do not apply to Services provided by third parties; instead, the terms and conditions of the relevant provider of such third-party Services shall apply. The Provider shall not be liable for the quality of Services provided by a third party, nor for any loss or damage arising out of or in connection with the provision of such Services; liability for this shall always rest solely with the relevant third party.
1.5. These Terms and Conditions apply both to cases where the Buyer is a person acting, when concluding the Contract, in the course of its business activities or in the course of its independent professional practice (hereinafter referred to as “Entrepreneur”), as well as to cases where the Buyer is a natural person acting, when concluding the Contract, outside the scope of its business activities or the scope of its independent professional practice (hereinafter referred to as “Consumer”).
2. SERVICE
2.1. The services include services in the field of
2.1.1. accommodation
2.1.2. rental of an Event Space; and
2.1.3. catering
(hereinafter referred to as “Services”), with the current range of these Services always available on Provider’s website at https://www.hotelsen.cz/ (hereinafter referred to as “Provider’s Website”). Services can also be ordered as part of a Package. All provisions of these Terms and Conditions relating to the Services shall also apply to Services provided as part of the Packages.
3. BOOKING, OFFER AND CONTRACT CONCLUSION
3.1. The Provider provides the services under the Contract which it has concluded with the Customer on the basis of
3.1.1. binding bookings for Services made by the Customer (hereinafter referred to as “Binding Booking”) on Provider’s Website; or
3.1.2. non-binding bookings of Services made by the Customer by contacting the Provider directly (e.g. by e-mail or telephone), in which case the Customer is always obliged to provide at least their identification details, contact details and information regarding the Service they are enquiring about, as well as any further requirements for its provision (hereinafter referred to as “Non-binding Reservation”); The Provider shall subsequently send the Customer a binding offer for the Services, which shall include a specification of the Service in question, the date of provision, the proposed price of the Service and any other relevant terms and conditions (hereinafter referred to as the “Offer”).
3.2. Binding Booking
3.2.1. The Customer may make a binding booking by completing the booking form available on Provider’s website. A Binding Booking constitutes an Offer to enter into a Contract and is a binding request for the Service in question.
3.2.2. As part of a Binding Booking, the Provider and the Customer shall always agree on the specific Services, their nature, scope, content and any other conditions relating to the provision of the Services.
3.2.3. When completing the Binding Booking form, the Customer must provide the details marked as mandatory on the form on Provider’s website. The Customer may apply any discount or voucher in the first step, after entering the booking date in the relevant field: “Enter your promo code/voucher”.
3.2.4. The Customer shall submit a binding Booking to the Provider via the relevant form on Provider’s website by clicking the “CONFIRM BOOKING” button , below which there is a statement that confirmation of the booking constitutes a commitment to pay, and subsequently by making payment of the required amount (or, if using a voucher, by entering the required details in the relevant field) in accordance with paragraph 4.6 of the Terms and Conditions. Once the Binding Reservation form has been submitted, the Customer is not permitted to amend the details entered in the Binding Reservation form; the Binding Reservation may only be amended in accordance with the procedure set out in paragraph 5.3 of the Terms and Conditions.
3.2.5. For a Binding Booking, the Contract is concluded upon delivery of the confirmation of the Binding Booking and payment to Customer’s e-mail address.
3.2.6. By making the payment, the Customer also confirms that they have read the current Terms and Conditions in force on the date the payment is made, that they have fully understood their content, and that they agree to their terms, and furthermore, that they have read the Information on the Processing of Personal Data in accordance with Article 10 of these Terms and Conditions.
3.3. Non-binding booking
3.3.1. The Contract is concluded upon written acceptance of the Offer by the Provider and the Customer, with the content of the Contract being determined by the Offer and the Terms and Conditions.
3.3.2. Should Customer’s confirmation of the Offer differ from the original Offer (if the Customer accepts the Offer subject to reservations or variations), the Customer must state this in writing. These amendments shall be deemed to constitute a new draft of the Offer, in which case the Contract shall be concluded at the moment the Customer and the Provider confirm in writing the amended text of the Offer. Otherwise, the Contract will not be concluded, even in cases where an amendment or variation is involved that does not substantially alter the original Offer.
3.3.3. By accepting the Offer in writing, the Customer also confirms that they have read the current Terms and Conditions in force on the date of acceptance of the Offer, that they fully understand their content, and that they agree to their terms, and furthermore, that they have familiarised themselves with the Information on the Processing of Personal Data in accordance with Article 10 of these Terms and Conditions.
3.4. The Customer is obliged to provide complete, accurate and truthful details in both Binding Bookings and Non-Binding Bookings. The Provider shall not be liable for any loss or damage caused as a result of Customer’s breach of this obligation.
3.5. These Terms and Conditions, as currently in force, and the Information on the Processing of Personal Data form an integral part of the Offer and the Contract. The Customer may also view both of these documents at any time on Provider’s website.
3.6. The Provider reserves the right to suspend or terminate negotiations on the Offer at any time; the provisions of Section 1729 of the Civil Code shall not apply. At any time prior to the conclusion of the Contract, the Provider is entitled to withdraw the Offer.
3.7. The Customer may create a private account on Provider’s website via the booking system. For the purposes of registration, the Customer shall complete the electronic registration form available as part of the booking form and submit it to the Provider via the Website interface. The Customer must provide all the information marked as mandatory on the registration form. The Customer must provide only accurate, complete and up-to-date information. Before submitting the registration form, the Customer may check and amend the details entered on it. The Provider is under no obligation to offer registered Customers any discounts on Bookings or more favourable offers.
3.8. By submitting the registration form in accordance with paragraph 3.7, the Customer confirms that they have read these Terms and Conditions and agree to their terms, and that they have read the Information on the Processing of Personal Data set out in Article 10 of these Terms and Conditions.
4. FEES FOR SERVICES AND PAYMENT TERMS
4.1. The Services are provided by the Provider against a fee. The Customer undertakes to pay the Provider a fee for the Services, as agreed between the Customer and the Provider in the Contract (hereinafter referred to as “Fee”).
4.2. The amount of the Fee for the Services provided is set out on Provider’s website or, where applicable, is agreed individually between the Contracting Parties in the Contract. The Fee also includes the value of a voucher, the redemption of which will result in the provision of Services by a third party, provided that such third-party Services have been ordered. The Fee for the Package also includes the cost of any Services provided by a third party, where such Services are included as part of the Package.
4.3. Unless otherwise stated, the Fee also includes value added tax at the rate laid down by law.
4.4. Unless otherwise stated on Provider’s website, or unless otherwise agreed between the Customer and the Provider in the Contract, all amounts which the Customer is obliged to pay under the Contract are payable on the basis of an invoice issued by the Provider within 14 (fourteen) days of the date of issue of the invoice, unless otherwise stated on the invoice.
4.5. Any payment due under the Contract entered into on the basis of a Non-Binding Booking, or any other amounts which the Customer is obliged to pay under the Contract, shall be paid by bank transfer to the Provider’s bank account specified on the relevant invoice, unless otherwise agreed between the Customer and the Provider.
4.6. Unless otherwise stated on Provider’s website, in the case of a Contract concluded on the basis of a Binding Booking, the Fee shall be paid in the following ways:
4.6.1. by bank transfer via the payment gateway operated by Global Payments s.r.o., company registration number: 04235452, with its registered office at V olšinách 626/80, Strašnice, 100 00 Prague 10,
4.6.2. by bank transfer to Seller’s bank account: for payments in CZK: account No. Account no. 115 7478480287/0100, for payments in EUR: account No. 115-7695740217/0100, IBAN: CZ2501000001157695740217, SWIFT: KOMBCZPP,
The Provider is entitled, at its discretion, to accept only some of the above-mentioned payment methods.
4.7. If the Provider and the Customer agree under the Contract that the Customer is obliged to pay the Provider the Fee or part thereof in advance (as an advance payment), the Provider shall not be obliged to commence performance under the Contract until the Customer has provided the advance payment.
4.8. If the Provider is a business and also registered to VAT, value added tax at the rate laid down by law shall be added to the Fee. Unless otherwise agreed, for VAT purposes, the date on which a partial taxable supply takes place is deemed to be the last day on which the supply was provided.
4.9. Unless otherwise agreed in the Contract, the Fee shall include all costs incurred by the Provider in connection with the provision of the Services.
4.10. Customer’s obligation to pay any sum under the Contract is fulfilled at the moment the relevant sum is credited to Provider’s bank account. If a Binding Booking is not paid for within 5 (five) days of it being sent, the Provider shall notify the Customer accordingly. .
5. RIGHTS AND DUTIES OF CONTRACTING PARTIES
5.1. Under the terms of the Contract, the Provider undertakes to ensure that the Services are provided properly and in a timely manner, as agreed in the Contract.
5.2. The Provider is entitled to use the services or products of its subcontractors in order to provide the Services.
5.3. The Customer is entitled to request the Provider to amend the agreed services by e-mail or via the “Change Booking” form available on Provider’s website within the booking system, after entering their contact e-mail address and booking code. If the Customer requests this change, the Provider undertakes, without undue delay and no later than within 5 (five) working days, via the means of communication through which the Customer requested the booking, to state whether the change is possible or not and what impact the change would have on the performance of the Contract, in particular on the ability to provide the Service and on the Fee. If the Provider states that a change is not possible, the Provider shall ensure that the Services are provided as originally agreed in the Contract. If the Provider states that the requested change is possible, the Customer must notify the Provider by email without undue delay, and no later than within 2 (two) working days, whether they agree to the new terms and conditions, or whether the Services are to be provided as originally agreed. The Provider may also request a change to the Services by sending a proposal to the Customer by e-mail. The Customer must agree to such a change by e-mail or reject it without undue delay, within 2 (two) working days at the latest.
5.4. The Contracting Parties undertake to provide each other with all necessary cooperation to ensure the performance of the Contract. In particular, the Customer shall provide the Provider with the necessary cooperation and all the necessary documentation and information required for the Provider to properly fulfil its obligations under this Contract. Should the Customer fail to provide the necessary cooperation even after being requested to do so by the Provider, the Provider shall not be obliged to fulfil its obligations under the Contract.
5.5. Where the Services include musical performances or other relevant uses of intellectual property rights, the Customer is obliged to settle all rights, and in particular is obliged to pay any fees to the relevant collective copyright management organisation (OSA, INTERGRAM and others) in accordance with Act No. 121/2000 Coll., on copyright, rights related to copyright and amending certain acts (the Copyright Act), as amended. If the Provider is required to pay these charges, the Customer shall reimburse the Provider for these costs upon receipt of a written request from the Provider. The Provider settles the fees directly with collective management organisations for the use of intellectual property rights in the course of its normal business operations (background music in a restaurant, etc.).
6. SERVICE CANCELLATION AND CANCELLATION FEES
6.1. The Provider is entitled, in justified cases, to terminate the provision of the Service agreed in the Contract. Should the Provider do so, it undertakes to refund the Customer the agreed Fee for the relevant cancelled Service; paragraph 11.3 of these Terms and Conditions shall not apply. This provision does not affect the options for terminating or withdrawing from the Contract, as set out further in these Terms and Conditions.
6.2. The Provider is also entitled to cancel a Binding Booking for a Service should exceptional circumstances arise which substantially affect the ability to provide the accommodation service on the originally agreed date. Such exceptional circumstances include, in particular, a change of date, cancellation or other reorganisation of a major event that was expected to take place during the relevant period and which will significantly affect the availability of accommodation, or other fundamental operational circumstances which the Provider could not have foreseen despite exercising due care.
6.3. The Provider may exercise the right under paragraph 6.2 no later than 2 (two) months before the date on which the accommodation service is to be provided. The Provider shall, without undue delay, refund to the Customer any Fee for the Services that has already been paid. Paragraph 11.3 of these Terms and Conditions shall not apply.
6.4. Where so agreed in a specific Contract, the Customer may cancel a Service that has already been agreed, subject to the conditions set out in the Contract or in these Terms and Conditions, by giving written notice to the Provider (including via e-mail). Notice of cancellation of the Service shall take effect on the date of its receipt by the Provider.
6.5. If the Customer cancels the Service in accordance with the previous paragraph, they are obliged to pay the Provider a cancellation fee in the amount agreed in the Contract.
7. QUALITY AND RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. Customer’s rights and obligations arising from defective performance are governed by relevant, generally applicable regulations (in particular the provisions of Sections 1914 to 1925 of the Civil Code). The Provider does not give the Customer any guarantee as to the quality of the Services.
7.2. A service is defective if it does not comply with the Contract. If the Service is defective, the Customer is entitled to make a complaint regarding the Service in accordance with these Terms and Conditions.
7.3. Under no circumstances shall the Provider be liable for any defects in the Services caused by the Customer or by third parties involved in the provision of the Services.
7.4. If the Service has a defect that can be rectified, the Customer is entitled to have the defect rectified free of charge. Where the nature of the Service provided so permits, and provided that this is not disproportionate given the nature of the Service, the Customer may also request the provision of a new service as part of the Service or a component thereof. If such a course of action is not possible, the Customer may request a reasonable reduction in the Fee for the Service or, where appropriate, withdraw from the Contract; the same applies in the event of a defect in the Service which cannot be rectified and which prevents the Service from being used properly, or in the event of defects which can be rectified but where the Customer is unable to use the Service properly due to the defect recurring after rectification or due to a significant number of defects. A defect is considered to be a recurrence if the same defect occurs for the third time. In case of other defects that cannot be remedied, and provided that the Customer does not request the provision of new performance under the Contract, the Customer shall be entitled to a reasonable reduction in the Service Fee or may withdraw from the Contract.
7.5. The obligation to remedy a defect is also fulfilled by providing proper instructions on how to remedy the defect, provided that the defect can be remedied in this way.
7.6. The Customer is obliged to file a complaint regarding the Service without undue delay after becoming aware of, or having ought to have become aware of, the defect, if possible immediately while the Services are being provided or immediately after they have been provided, using the contact details provided on Provider’s website and set out below in these Terms and Conditions.
8. MAKING A COMPLAINT ABOUT THE SERVICES
8.1. When reporting a defect in the Service (making a complaint), it is necessary to provide Customer’s identification and contact details, information about the Service provided, and, where applicable, any other details that enable the Service and the Customer to be identified. The Customer is also obliged to state which rights arising from defective performance they are exercising. Without this information, it is not possible to initiate the complaints procedure. Notification of a defect must be made in writing (including via e-mail).
8.2. The Provider shall confirm receipt of the complaint to the Customer in writing (including via e-mail), stating in particular: the date on which the Customer filed the complaint, the nature of the complaint, the method of resolution requested by the Customer, and Customer’s contact details for the purpose of providing information regarding the resolution of the complaint. The Provider shall also inform the Customer of the procedure for handling the complaint and the expected date of its resolution.
8.3. Once the complaint has been resolved, the Provider shall issue the Customer with written confirmation (including via e-mail) of how the complaint was resolved and the date on which it was resolved, including confirmation that remedial measures have been taken or, where applicable, a written explanation of the reasons for rejecting the complaint.
8.4. The complaint will be dealt with and the Customer will be informed of the outcome within 30 days of it being lodged, unless the Provider and the Customer agree on a longer period. Once the time limit specified in this paragraph has elapsed without result, the Customer (as a consumer) may withdraw from the Contract or request a reasonable discount.
8.5. If Customer’s complaint was justified, the Customer is entitled to reimbursement of the necessary costs incurred in connection with making the complaint (e.g. postage). These may be submitted in writing to the Provider; the Provider shall assess whether costs need to be incurred.
8.6. To make a complaint, the Customer must use one of the following contact details:
8.6.1. e-mail: rezervace@hotelsen.cz.
8.6.2. business address: Hotel Maximus Resort, Hrázní 327/4a, 635 00 Brno or Hotel SEN, Malostranská 344, 251 66 Senohraby.
8.6.3. delivery address: Hotel Maximus Resort, Hrázní 327/4a, 635 00 Brno or Hotel SEN, Malostranská 344, 251 66 Senohraby.
9. CONSUMER RIGHTS
9.1. A Customer who is a Consumer has, in addition to the rights and obligations set out in these Terms and Conditions, the specific rights and obligations set out below in this clause 9 of the Terms and Conditions. Where the Customer is a Consumer, the provisions of this article 9 shall take precedence over the other provisions of these Terms and Conditions.
9.2. Information on the right to withdraw from the Contract: Any Customer who is a Consumer has the right to withdraw from a Contract concluded by means of distance communication or outside Provider’s usual business premises within 14 days of the date of its conclusion. To this end, they may use the withdrawal form set out in Annex 2 to these Terms and Conditions. The Customer, who is a Consumer, acknowledges that they are not entitled to withdraw from the Contract if the Contract was concluded by means of distance communication or outside Provider’s business premises, provided that
9.2.1. the Contract is concluded in respect of Services which are of the nature of those specified in Section 1837(j) of the Civil Code, and are provided within a specified time frame (i.e. where the subject matter of the Contract is accommodation services; catering, leisure activities, provided that, under the Contract, performance is due on a specific date or during a specific period);
9.2.2. The services covered by the Contract have been provided in full; in the case of performance in return for payment, only if such performance commenced with Customer’s prior express consent before the expiry of the period for withdrawal from the Contract and the Provider informed the Customer that the right to withdraw from the Contract ceases upon the provision of such performance.
9.3. Solving disputes: If a Consumer dispute arises between the Customer (Consumer) and the Provider in connection with the Contract, which cannot be resolved by mutual agreement, then the Customer – Consumer may submit a request for out-of-court resolution of such a dispute to the designated body for the out-of-court resolution of consumer disputes, which is the: Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR (Czech Trade Inspection Authority, Central Inspectorate – ADR Department), address: Štěpánská 15, 120 00 Prague 2, website: coi.gov.cz.
9.4. The Provider is not bound by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code in its relationship with the Customer, who is a Consumer.
10. PERSONAL DATA PROTECTION
10.1. Information on the Provider’s processing of personal data in connection with the provision of the Services is available for inspection at any time at https://www.hotelsen.cz/en/gdpr/.
10.2. If, in the course of providing the Services, the Provider is required to process personal data on behalf of the Customer in its capacity as a data processor, the Provider undertakes, prior to commencing the provision of such a Service, to submit to the Customer a draft data processing agreement that meets the requirements set out in Article 28 of Regulation (EU) 2016/679 of 27 April 2016 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). Until the relevant data processing agreement has been concluded, the Provider is not obliged to provide the Service, which involves the processing of personal data by the Provider in its capacity as a data processor.
11. TERM AND TERMINATION OF THE CONTRACT
11.1. Both the Provider and the Customer may withdraw from the concluded Contract as a result of a material breach of the Contract by the other Party, provided that the other Party has been notified in writing of such a material breach and has been granted, without success, a reasonable period of time, not less than 10 (ten) working days, to remedy the breach.
11.2. The Provider is entitled to withdraw from the Contract in case of Customer’s delay in paying an invoice lasting longer than 1 (one) month from the due date, provided that the Customer has been notified in writing of such delay and has been granted a reasonable period of not less than 7 (seven) days to remedy the situation.
11.3. If the Provider withdraws from the Contract in accordance with paragraphs 11.1 and 11.2 , the Provider and the Customer shall not be required to return any services already provided.
12. COMMUNICATION
12.1. All notices between the Customer and the Provider relating to the Contract or to be given pursuant to it must be in writing and served on the other party. The requirement for written form is deemed to have been met even if the notification is sent via Provider’s e-mail address as stated on Provider’s website and Customer’s e-mail address as stated in the Binding or Non-Binding Booking, or in the Offer.
12.2. The Customer and the Provider undertake that, in case of a change to their contact details, they will notify the other party of such a change no later than three (3) working days from the date of the change.
13. GENERAL AND FINAL PROVISIONS
13.1. The Customer agrees with the use of remote means of communication when entering into the Contract. Any costs which the Customer incurs when using remote means of communication connected with entering and performing the Contract (cost of internet connection, cost of phone calls) shall be borne by the Customer alone.
13.2. The Contract is concluded in Czech. Concluded Contracts are archived by the Provider in electronic form. Access to archived Contracts is restricted to the Provider.
13.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, then it is replaced by such a valid and effective provision which is as close as possible to the sense of the original provision. The validity of other provisions is not affected by the invalidity and ineffectiveness of one provision.
13.4. Any amendments or additions to the Contract must be made in writing.
13.5. The Provider is entitled to amend or supplement these Terms and Conditions at any time and at its discretion. This provision does not affect the rights and duties applying while the previous wording of the Terms and Conditions was effective. Any additions to or amendments to the Terms and Conditions will be published on Provider’s website. If a Contract is concluded for long-term or recurring services, the Customer may terminate the Contract with effect from the date on which the new version of the Terms and Conditions comes into force, if they do not agree with the new version of the Terms and Conditions. On the date on which the new version of the Terms and Conditions comes into force, the previous Terms and Conditions shall cease to have effect.
13.6. The Provider is entitled to cite the provision of services to the Customer under the Contract for its own promotional purposes, as a reference.
13.7. The Customer agrees that the Provider is entitled to assign the Contract, or any part thereof, to a third party. The Customer must not transfer, assign, pledge or otherwise encumber its claims against the Provider without Provider’s written consent.
13.8. The Contracting Parties shall bear the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code. This provision shall in no way affect the right of either Party to cancel a Binding Booking or the provision of Services in accordance with Article 6 of these Terms and Conditions.
13.9. These Terms and Conditions, as well as all legal relationships arising therefrom, are governed by the laws of the Czech Republic. Any disputes arising out of the Contract or in connection with these Terms and Conditions shall be finally settled by the courts of the Czech Republic having subject-matter and territorial jurisdiction.
13.10. An integral part of these Terms and Conditions is
13.10.1. Annex 1 – Complaint form template;
13.10.2. Annex 2 – Contract withdrawal template;
13.10.3. Annex 3 – Accommodation Terms and Conditions;
13.10.4. Annex 4 – Terms and conditions for the rental of Event Space.
13.11. These Terms and Conditions shall come into effect on 25 June 2026.