Terms and Conditions

General Terms and Conditions (GTC)

Resort Valtberg
Kopečná 48, Valtice 69142, Česká republika
The resort-keeper:
Valtberg s.r.o.
VAT number : 253 82 926

Bank account: Komerční banka, a. no. :115-3093290257/0100,
IBAN CZ0201000001153093290257 BIC/SWIFT kód: KOMBCZPPXXX

Represented by: Jan Bobek – Managing Director

Preamble

The subject of the general terms and conditions of Valtberg s.r.o. is the adjustment of the order and acceptance of the offer, especially of accommodation and related services in the Valtberg resort (hereinafter referred to as the “GTC”).

For the purposes of these GTC, it will be

1. Valtberg s.r.o. also referred to as “company” or “provider”,
2. the resort in the VALTBERG buildings is also referred to as the “resort”
3. both the individual client and the person providing services for third parties are designated as “clients”,
4. accommodation and other services and related services also referred to as “services” (these are mainly booking of stays, restaurant, conference or additional services)
5. a written contract containing essential requirements stipulated by legal regulations is considered a concluded contract,
6. Act No. 89/2012 Coll., the Civil Code, as amended, referred to as the “Civil Code”.
7. e-mail hereinafter referred to as e-mail.

This GTC forms an integral part of all pre-contractual agreements and concluded contracts concerning the implementation of especially accommodation and related services of the company, including standardized contracts of the company (eg contract for the provision of services).

In case of a conflict between the provisions of the agreements, including the company’s standardized agreements and the provisions of the GTC, the provisions of these agreements take precedence over the provisions of the GTC.

These GTC become part of the pre-contractual agreements at the moment of the commencement of these negotiations between the company and the customer and part of the contracts at the time of their conclusion.

Any action requiring a written form of an agreement must be done by mail, electronic mail, or personal delivery of the document at the reception.

Article I.
Pre-contractual arrangements

The client orders the stay and related services via the reservation interface on the resort’s website www.valtberg.cz or by e-mail order addressed to the resort’s reception.

Pre-contractual arrangements include ordering services, negotiating their terms and confirming the final order by the company.

It must be clear from the order of services who does it and what is its subject (a type of ordered services, dates, number of persons, or special requirements of the customer).

By sending the order, the client accepts and agrees with this GTC, in particular with the relevant cancellation and non-arrival conditions with the provider, as well as with any other conditions of the provider that may relate to the order or stay, including services and products offered by the provider.

Binding order confirmation, scope and content of contractually agreed services, prices and deadline will be stated in the provider’s confirmation e-mail. By confirming the order from the provider, the contract is concluded.

At the moment of concluding the contract, a contractual relationship is established between the client and the provider. The Provider is obliged to provide the Client with services to the confirmed extent and quality, and the Client is obliged to collect these services and pay the Provider the agreed price. The terms of the contractual relationship apply to all persons listed in the booking order submitted by the client and confirmed by the provider.

If they are the customer, or. by another person/representative, additional services ordered additionally, which are published together with the price list on the website, brochures, etc., these services are charged to the client according to the provider’s price list. The company undertakes to make every effort to provide the additional services required but does not guarantee its provision.

By confirming the order, the supplier undertakes to ensure the event in the agreed scope and quality. It is not possible to consume brought food and drinks at events without prior written consent. Even in the case of the provided consent, the supplier has the right to charge a fee (so-called corkage fee) for the delivered food and drinks.

The Client or the responsible person designated by him is obliged to take over the agreed premises before the start of the event and return them in the same condition after its end, taking into account normal foulness and wear.

If the customer causes damage to the provider during the stay or event (eg damage or loss of inventory, furniture or significant pollution of premises), the customer undertakes to reimburse the damage caused or costs incurred to restore the contaminated premises together with other services provided. In the event of damage, the current purchase price of the damaged property is paid.

Without the consent of the provider, no technical equipment may be installed in the premises of the building and the technical parameters and equipment of the premises used may not be interfered with.

The client is responsible for compliance with the safe course of the event, compliance with fire and other legal regulations of the Czech Republic. The supplier is responsible for valuables brought to the hotel in connection with the event only to the extent pursuant to Section 434/1 of the Civil Code.

All areas of the Valtberg resort are non-smoking, except for the areas marked by the provider. The customer undertakes to inform the participants of the stay or events about this fact. In case of violation, the provider is entitled to charge a contractual penalty in the amount of CZK 5,000.

The use of the name of the department and the logo for the media, press, etc. is allowed only with the prior written consent of the supplier and is subject to correction.

Article II.
Rights and obligations of the client

The client has the right

1. To be sufficiently and completely informed by the provider about the ordered services, ie their scope, date, and price,
2. for the proper provision of services ordered by him, confirmed by the provider and paid in advance,
3. cancel the confirmed order at any time before the start of the stay, provided that the cancellation conditions are complied with in accordance with Article VII. of this GTC,
4. complain of any shortcomings in the services provided in accordance with Article VIII. GTC; he is obliged to file a complaint in time, without undue delay, so that a remedy can be arranged, if possible on the spot.

The client is obliged

1. completely and correctly state all the essentials of the order,
2. carefully check the order confirmation issued by the provider and contact the provider without undue delay if any discrepancies are found,
3. pay the deposit in the required time in accordance with Article V. of the GTC,
4. pay the agreed price for accommodation, including fees of the Valtice Municipal Office at the time of arrival, and pay any additional costs incurred due to special services requested by himself or accompanying guests, including statutory value-added tax,
5. follow the regulations of the ministry, especially the departmental (accommodation) regulations, and safety regulations,
6. reimburse the provider for any damage, based on the price list, caused by himself or his guest to other persons who, with the knowledge or at the will of the client, use the services of the provider.

Article III.
Rights and obligations of the provider

The provider is obliged to:

1. Provide the client with decisive information about the stay,
2. confirm to the client a duly booked stay and provide him with written information on the start of the stay,
3. when confirming the order, provide the client with services in the confirmed scope and quality.

The provider has the right

1. in case of withdrawal from the confirmed stay order by the client, to pay the paid deposit for the stay no later than 14 days after receiving the cancellation in writing; however, if the provider’s right to cancellation fees arises, the provider will pay the client the difference between the deposit already paid and the relevant cancellation fees.
2. bill the services at any time, resp. is billed on an ongoing basis,
3. to the client, resp. provide its guests with adequate alternative accommodation (of the same quality) if this is acceptable to the contractual partner, in particular, if the difference in accommodation is negligible and factually justified. Substantively justified means a situation where the premises have become unusable, where the guests being accommodated are extending their stay, where an excessive number of reservations have been made, or other important operational measures conditioning this step. Any costs for alternative accommodation are borne by the provider.

Article IV.
Prices of services

Approximate prices of accommodation and any other services are listed in the price list available on the website www.valtberg.cz in the presentation materials of the landlord (brochures, etc.) and on request at the reception of the resort. However, the price is binding for the client, which is confirmed by the provider in written or electronic communication, and supplemented by a calculation sheet, which the customer confirms and returns to the supplier.

Prices for other services are available in the relevant areas of the resort.

The listed prices do not include local fees, which are collected in the amount determined by a generally binding decree of the competent authority.

If the customer, after confirming the order, increases the number of participants in the event, he also undertakes to adequately increase the budget of the ordered services.

The Provider reserves the right to change the announced prices unilaterally and without prior notice.

Article V.
Deposit for ordered services

When confirming the order, the provider may require the payment of a non-refundable deposit for the ordered and confirmed services. The client is obliged to duly pay this deposit to the provider for the ordered and confirmed services, ie. in the amount and due date stated in the order acceptance or on the advance invoice. Payment of the deposit means crediting the relevant amount to the provider’s bank account, unless otherwise agreed. The deposit paid will be deducted when issuing the final invoice – tax document. In the event of a delay in the payment of the advance invoice, the supplier has the right to withdraw from this order.

In case of non-payment of the deposit within the term stated on the advance invoice, the provider is entitled to cancel the agreed order without the obligation to compensate and demand from the client the corresponding cancellation fees according to Article VII. of these GTC.

The Client is obliged to ensure that the responsible person is personally present during the event and can confirm the scope of services provided (especially conference and accommodation) and confirm all issued accounts related to the ordered event.

In the case of accommodation paid in cash or by credit card at the end of the accommodation, a payment card guarantee is required before the price of the services is authorized.

Article VI.
Payment Terms

At the end of the stay, the provider will make the final bill for all services provided to the client, or to his guests who accompany him and issue a tax document (invoice).

The client undertakes to pay the tax document (invoice) no later than the date of termination of the stay, or within the due date stated therein.

Any discrepancies in the tax document (invoice) must be reported by the client in writing, within 5 (five) days from the date of receipt. In the event that the provider acknowledges the claim of the tax document (invoice) as justified, the due date of the tax document (invoice) is postponed and the amount stated in the claimed tax document (invoice) will be due within the due date specified in the newly issued tax document (invoice). The claimed tax document (invoice), for which the provider finds the complaint to be unjustified, is the amount in question due on the due date stated on the claimed tax document (invoice).

The client can pay the price of the ordered services in cash at the reception of the resort, by credit card or bank transfer. Payment by bank transfer is considered to have been made when it is credited to the provider’s bank account specified on the tax document (invoice), unless otherwise agreed. All costs associated with payment are borne by the client.

In the event of the customer’s delay in payment for services provided, the company has the right to demand from the customer in addition to payment of the amount due statutory interest on arrears for each day of delay starting from the first day following the due date of the tax document (invoice) until payment.

The company reserves the right to use any payment of the customer to pay its oldest receivable (s), which it has against the customer after the due date.

Article VII.
Cancellation Policy

Cancellation always means the cancellation, postponement or modification of a confirmed order by the client.

The customer is entitled to cancel the order at any time before arrival.

The customer is obliged to apply for the cancellation in writing, to the email address of the resort info@valtberg.cz

If the customer cancels the ordered and confirmed services, he is obliged to pay the company cancellation fees according to the price conditions of the reservation; cancellation fees will be calculated from the price for canceled services incl. VAT (hereinafter referred to as the “cancellation amount”), namely:

1. in the case of notification of cancellation within 30 days or more before the agreed first day of provision of services, no cancellation fees are charged,
2. in the case of notification of cancellation within 14 days before the agreed first day of provision of services, the cancellation fee is 50 % of the total price for accommodation,
3. in case of notification of cancellation within 7 days before the agreed first day of provision of services, the cancellation fee is 70 % of the total price for accommodation,
4. in case of notification of cancellation on the day of provision of services, or if the customer does not arrive without cancellation, the cancellation fees are 100 % of the total price for accommodation.

Individual cancellation fees can be arranged for a customer who is made up of a larger group.

The cancellation fee will be charged to the customer by a tax document (invoice). If the cancellation fee is not duly paid, the customer is obliged to pay the company, in addition to the amount corresponding to the cancellation fee, statutory default interest on the amount due for each day of delay starting from the first day following the due date of the cancellation fee.

In case of early departure, a cancellation fee of 100% of the remaining price will be charged.

The Provider is entitled to set off the paid deposit according to Article V. against the payment of the cancellation fee.

The supplier does not provide any financial compensation for unused ordered services and for changes in ordered services during the stay or event.

Article VIII.
Complaints about services

If the client has comments on the quality of services provided, the scope or content of the services provided, he is obliged to apply his requirements without undue delay directly during the stay so that they can be removed on the spot.

Complaints must be made immediately upon discovery of deficiencies in the services, but no later than the day following the last day on which the services in question were provided to the customer. Subsequent complaints will not be taken into account.

The customer is obliged to file a complaint about the services provided by the company in writing at the hotel reception or with the person with whom the terms of the contract have been agreed and, if not, with the director of the establishment.

Article IX.
Withdrawal from the contract

Each of the contracting parties is entitled to withdraw from the contract under the conditions and for reasons stipulated by law, contract or these GTC.

The Provider is entitled to withdraw from the contract with immediate effect (in full or in part) if the client breaches the contract in a material way, or repeatedly breaches any obligation under the contract, or if the client is in arrears with payment of any amount due by more than 15 days after the due date.

Article X.
Other arrangements

The services offered at the resort may change during the year. The client is obliged to follow the current offer of services.

The contracting parties acknowledge that the liability of the provider, the client, and his guests is governed by the provisions of § 2894 et seq. of the Civil Code, as amended. The damage will be compensated in cash unless the parties agree otherwise. In the event that the damage is caused by the client’s guests and the guests do not reimburse the claimed damage, the client undertakes to pay for this damage.

If the provider finds the actions of the client or his guests to be a gross violation of the accommodation regulations of the resort, the provider has the right, after discussing the whole matter with the client, to terminate the client’s stay, or his guests, without compensation, or charge the client a contractual penalty up to the amount of the full refundable deposit, if paid.

Article XI.
Conflict solving

All possible disputes arising in connection with the provision of services by the company, including related services of the company, are governed by Czech law and will be resolved in the general court in the place of the company’s registered office, regardless of the customer’s registered office / residence. The priority is to settle disputes amicably. Identity and contact details of the landlord: Valtberg s.r.o., registered office:
Hlavní třída 44/32, Český Těšín, 737 01 VAT: 25382926, DIČ: CZ25382926, bank account: 115-3093290257/0100 company registered in the Commercial Register kept by the Regional Court in Ostrava, Section C 17067.

The accommodated guest as a consumer has the right to submit a proposal for out-of-court settlement of such a dispute to a designated entity for out-of-court settlement of consumer disputes, which is: Czech Trade Inspection, Central Inspectorate – ADR Department, Štěpánská 15,120 00 Prague 2, email: adr@coi.cz, web: https: //adr.coi.cz. The Czech Trade Inspection Authority is a supervisory body supervising consumer protection, proceeding in accordance with Act No. 64/1986 Coll., On the Czech Trade Inspection Authority, as amended, and other legal regulations. The website of the Czech Trade Inspection Authority is www.coi.cz.

In accordance with the provisions of Section 1837 letter j) of Act No. 89/2012 Coll., The Civil Code does not entitle the accommodated as a consumer to withdraw from the accommodation contract if the accommodation facility provides performance within the specified period.

Article XII.
Protection of personal data

The company undertakes to take all measures with the relevant provisions of Act 110/2019 Coll. on the processing of personal data (GDPR) so as not to make available or misuse of personal data provided to him by the customer.

Article XIII.
Final provision

The relationship between the client and the provider established by the accommodation contract is governed by the laws of the Czech Republic.

The language in which the client will negotiate with the provider for the duration of the contract, and in which the provider provides the accommodated guests with the contractual conditions and other information, is Czech.

These general terms and conditions come into force and effect on 1 May 2020.