General terms and conditions or Penzion Via Ferrata
- General principles
1.1. Our general commercial conditions are valid as of 1.6.2020 and constitute an inseparable part of the accommodation contract with our guests. Any changes in these conditions as relates to this contract must be agreed in written form by both parties; this shall be taken to mean by email. This contract is subject to Czech law as defined in the Civil code and other legislation such as the law on personal data protection and regulations including but not limited to those involving consumer protection. Accommodation contracts are provided in Czech language; in the event of any dispute between Czech and English wording of provided materials, the Czech version shall prevail.
1.2. Contracting parties are Avalon DC, s.r.o., seated at Labské nábřeží 317/19, Děčín 4, reg. number (IČO): 05850592, as the operator of Penzionu Via Ferrata (hereafter Penzion); and the party using these services (hereafter Client).
1.3. Services offered by the Penzion include recreational and professional accommodation stays and any ancillary services offered by the Penzion or its partners. Penzion will send a specification of the term and condition of the stay upon confirmation of the reservation by the Client.
1.4. The Penzion is the residence where the Client may stay upon conclusion of the accommodation contract. The contract is closed by receipt of a reservation confirmation and payment of any required deposits. Reservation and ordering forms always include information pertaining to the Client and the ordered services. Sending the reservation order confirms that the Client agrees with subsequent remote communication means to finalize agreements; that the Client is aware and informed of relevant conditions of stay and commercial conditions, which constitute an indelible part of the accommodation contract. The Client undertakes to share complete and truthful information in the reservation and ordering forms. The Penzion accepts no obligation to accept subsequent additions or redactions to this submitted information. Client is aware and agrees that the Penzion shall use this information for all requisite lawful purposes.
1.5. Clients are forbidden from using false names or aliases when registering or ordering. Clients ordering the service on behalf of a third party accept complete and total responsibility for submission of accurate information about the ultimate beneficial client as provided for by law.
- Time limitation
The accommodation contract is valid for a strictly limited period of time as defined in the reservation agreement. The client is aware that beginning of the stay is no earlier than 15:00 on the agreed day without prior agreement with the Penzion. The Client agrees to vacate the premises no later than the 11 AM the last day of his or her stay unless specifically agreed otherwise with the Penzion.
- Ordering accommodation
Clients may reserve accommodation via electronic communication on www.penzionferrata.cz or by email to firstname.lastname@example.org. Should the Penzion agree to accept the reservation, this shall be communicated along with other required documentation to the Client no more than 48 hours subsequent to receiving such a request. Clients may also order services via internet pages of our business partners. In the event of any differences or conflicts between the stated conditions between the Penzion and its business partners or affiliats, conditions presented by the Penzion shall prevail.
- Personal data protection
Protection of the confidentiality of your personal data is important to us. Personal data which is acquired in the course of business relationships with clients is processed in accordance with relevant laws and regulations, specifically EU regulation 2016/679 as well as Czech law no. 110/2019 Sb., on protection of personal data. For the avoidance of doubt, legitimate reasons for processing of personal data are defined therein as: concluding a contract, assessing legality, resolving lie and death situations or other emergencies, response to a compelling public interest or statutory requests of public authorities.
4.1. The Penzion is aware of and respects the confidential nature of information the Client offers as part of the registration process for services offered by Avalon DC, s.r.o. We use this data exclusively for our own business purposes, including accounting, creating invoices, accepting payments, and communication with you about your stay. These data are protected from theft and abuse and are not and will not be offered to third parties, nor will they be used for unsolicited marketing activities.
4.2. Upon your request, our firm shall make all reasonable efforts to provide you with a written summary of the ways in which your personal data is used. Should this information provided prove to be complete or insufficient, we will make all reasonable efforts to correct the situation upon being made aware of this in writing. Such queries should be directed to email@example.com, where you may not only send requests for information but complaints about service or other comments. We are bound to respect the confidentiality of such communication.
4.3. Receiving and processing personal data: by visiting our web site, your IP address will be recorded in a standard manner with accompanying information such as we server, your ISP, date, time and duration of your visit. Personal data will only be recorded upon your explicit agreement during registration and / or signing a contract. Sharing of any information with duly constituted state authorities shall only take place as provided for by law.
4.4. Agreement with processing of personal data: filling in the relevant form means the Client agrees with integration of his or her personal data into the database of the firm Avalon DC, s.r.o.,.
Accommodation prices are listed on the Penzion website. Penzion will give the Client upon payment an invoice (in Czech: daňový doklad) – which confirms payment of service. The Penzion undertakes to pay all needed fees and taxes. Actual invoiced price shall be based on the Penzion pricelist. Penzion shall not change prices during the course of a Client stay except in the event of extraordinary circumstances constituting clear force majeure.
- Payment terms
6.1. The Client agrees upon the moment of confirming the reservation to blockage of a corresponding amount on his or her credit card unless other payment terms are agreed. Cancelation terms and conditions are part of the reservation agreement.
6.2. Should the Penzion and Client agree to a different payment method, this will be specified in writing by electronic mail. In the event of bank payments, late payment may result in cancelation of the reservation.
6.3. Should the Client cancel the reservation less than two days before the arrival date, the Penzion will charge a cancellation fee in the amount of 100% of the accommodation price for the reserved period.
- Client responsibilities
7.1. Client is obliged to give complete and truthful information to the Penzion in a timely manner.
In accordance with Czech law no. 326/ 1999 Coll., on stay of foreigners, the Penzion must maintain a “House Book”, in which it maintains personal data on foreign guests, including: name, date of birth, citizenship, number of residence permit or passport, visa number if this is included in documentation, beginning and end of stay, permanent address abroad, reason for stay, any address in Czech Republic, and a signature.
In accordance with the law no. 565/1990 Coll., on local surtaxes, Penzion must maintain an evidencewith the following information: name, permanent address abroad, beginning and end of stay, reason for stay, number of personal identification card or passport.
Refusal to give such required information shall constitute reason to cancel the accommodation without refund.
7.3. Clients are required to abide by the following rules:
- No smoking except on the external terrace on the 2nd Penzion is entitled to invoice cleaning charges of 2000 Kc for each and every violation. Any damage to furniture or appliances etc caused by smoking may be assessed and invoiced according to actual damages.
- Persons afflicted by infectious diseases or communicable parasites are banned from the Penzion.
- Guests may be admitted to the rooms after 15:00 on the day of the beginning of stay unless otherwise agreed.
- Guests must leave the room no later than 11 AM on the last day of their stay unless otherwise agreed with management. If the room is not cleared by that time, the Client may be charge for another day. A cleared room means the client has exited the premises and left the key in the safe by the door or with personnel. Lost or stolen keys shall be charged at 500 Kc.
- Quiet period shall be maintained between 22:00 and 7:00.
- Clents may receive guests between 8:00 and 22:00. Overnight guests shall be announced to personnel.
- Guests will not move furniture or make other changes to the room, electric wiring or other infrastructure without agreement of management.
- Guests shall not use electronic appliances in the Penzion except for standard personal devices such as razors, laptops, chargers, etc. Guests use equipment supplied by the Penzion at their own recognizance and are responsible for their safe use.
- Guests will, upon leaving the room, turn off lights, water faucets, and close windows and lock doors.
- Guests are responsible for the behavior of underage children and will not allow them to move unsupervised around the Penzion and its facilities.
- Guests are responsible for any damage to the Penzion they may cause.
- Penzion is not responsible for loss or theft of any personal items left in the Penzion.
- Penzion is not responsible for any damage to or theft of cars or bicycles left in publicly accessible areas.
- Canceling a stay
8.1. Clients may cancel their stay by writing us at firstname.lastname@example.org. If the Client has booked online or via an affiliate partner the cancelation should be done via the same channel, otherwise it may not be valid.
8.2 Clients may be entitled to a partial or total forgiveness of fees if sufficient notice is given. Please note that notice periods may vary depending on season. Currently valid notice period will be communicated to Client in the reservation form. Generally reservations may be canceled with 48 hours notice from noon of the day of the reservation without penalty.
8.3 Right to accommodation is transferable to other persons without charge. Rights and obligations under the accommodation contract are similarly applicable to these persons.
- Cancelation of accommodation
Clients who clearly violate Czech law; fail to respect our rules, terms and conditions; do not comply with reasonable behavioral requests from staff; are verbally or physically aggressive toward other guests or staff; or engage in wanton destruction of property may be evicted from premises without refund of any fees.
- Withdrawal from the contract by the Penzion
Penzion is entitled to withdraw from the contract in the event of the Client’s failure to honor its obligations, including but not limited to:
- Failure to pay agreed upon fees in agreed timeframe;
- Arrival outside of agreed upon times;
- Gross violation of rules and conditions;
- Refusal to offer complete and truthful information as required by law.
- Change of conditions
11.1. In the event of unexpected circumstances resulting in the Client not being able to use accommodation, eg traffic accidents, severe weather, flooding, electricity outages or other force majeure, both parties undertake to negotiate in good faith to come to a reasonable accommodation, either in terms of completely or partially refunding the stay or offering credit for a future stay, depending on the circumstances.
11.2. Penzion has the right to unliaterally cancel accommodation contracts due to its own operational or commercial reasons. In such a case the client will be informed immediately and all payments will be refunded or returned within 5 business days. Client will also have the right to priority selection of accommodation at a point in the future at the same rate as the canceled stay, if it should be higher.
11.3. Should the Penzion require changes to the contract resulting in a different date or length of stay, or change in rates of more than 10%, this will be communicated to the Client immediately. Should the Client not agree to new conditions, the contract is thereby canceled and all paid funds shall be returned within 5 business days. Should the client fail to react to this communication by the beginning of the stay it shall be taken as agreement to proposed changes.
- Claims and complaints
12.1. Any claims and complaints on the part of the Client shall be addressed if possible to Penzion personal during the stay for immediate resolution. Should immediate resolution not be possible, they shall be summarized in written form and signed by both parties.
12.2. Both parties recognize that ex post resolution of complaints which could have been solved on the spot may lead to less efficient discussions with significantly lower chance of successful resolution. Dissatisfaction with issues related to accommodation that stem in whole or part from the Client’s own behavior shall not lead to refunds, rebates or discounts.
12.3. Should the client elect not to utilize ordered services this does not constitute a reason for refunds, rebates or discounts.
12.4. Complaints or comments related to the contract closed between the Penzion and the Client may be referred to email@example.com. If the substance of the complaint is a claim for a refund it will be treated as such. The Client is also entitled to concurrently send his or her comments to the Czech Commercial Inspectorate or the Office for Personal Data Protection. Eventual legal disputes or litigation shall be resolved according to Czech law in a court of law. The Client is also entitled to commence alternative dispute resolution according to law no. 634/1992Coll, in front of the Czech Commercial Inspectorate. Details regarding alternative dispute resolution procedures can be found at www.coi.cz
- Concluding items.
13.1 In the event of a legal conflict with a foreign counterparty, both sides agree to conduct this dispute according to Czech law and in a Czech municipal court.
13.2 This document is subject to and superseded by Czech law. No passage or formulation herein shall be taken to replace, substitute or override both parties’ obligations to uphold Czech law.
13.3 Updated version of these terms and conditions are maintained on our web site and updated periodically. This version is valid from 1.6.2020.
13.4 A copy of the contract between the Client and Penzion, including the relevant terms and conditions, shall be maintained in the Penzion’s archives for a period of five years.