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GTC

GENERAL TERMS AND CONDITIONS (“GTC")

Kokořín Hotel, Kokořínský Důl 48, 277 23 Kokořín

 

Article 1 – General Provisions

1.1 These GTC apply to all contractual relationships governing provision of services in Kokořín Hotel, in particular involving accommodation, wellness, conferences services, etc., incurred between the client who ordered such services (hereinafter referred to as the “Client") and the Kokořín Hotel keeper, Petr Oppitz, trade identification no. 72607521, seated at Oskara Nejedlého 138, 471 63 Doksy - Staré Splavy (hereinafter referred to as the “Provider").

1.2. For the binding effect of these GTC it is sufficient if they are referred to in an offer and relevant acceptance of the offer, in an order, written agreement, contractual or pre-contractual documentation confirmed by both parties, or in mutual communication of the parties exchanged before conclusion of the contract.

1.3. In the event of any conflict between these GTC and explicit arrangements agreed between the parties in a contract, confirmed order, confirmed offer etc., such explicit arrangements shall take precedence.

 

Article 2 – Contract Conclusion

2.1. A contract between the Provider and the Client (hereinafter referred to as the “Contract") shall be concluded in the following manner:

- by filling in the booking form and completing a payment through the online booking and payment system on the Kokořín Hotel’s website (hereinafter referred to as the “Online Booking System") and by receiving confirmation of the order from the Provider; or

- by confirming Client’s written or e-mail order by the Provider; or

- by confirming Provider’s written or e-mail offer by the Client; or

- by singing a written contract.

2.2. Information contained in specifications of Provider’s services, in booklets, on websites etc. are only indicative, they are not binding for the Provider nor do they represent any binding proposal for contract conclusion. The Provider reserves the right to unilaterally amend or clarify specific terms and conditions of own offers prior to contract conclusion.

 

Article 3 – Price and Payment Terms

3.1. If the price is not laid down in the Contract, the price shown on the Provider’s website at http://hotel.kokorin.info at the time of conclusion of the Contract shall apply.

3.2. After conclusion of the Contract, the Provider is entitled to demand deposit for the services ordered (booked) up to the amount of the agreed price.

3.3. The Provider is entitled to request payment of the rest of the price upon the start of drawdown of the ordered services.

3.4. The Client is obliged to pay the deposit and difference payment based on a Provider’s invoice by its due date, which shall be at least 5 days.

3.5.  If the Contract is concluded through the Online Booking System, the Client is obliged to make the payment via this Online Booking System prior to sending the order.

3.6. If the Client becomes in default with payment of the deposit or difference payment, the Provider shall have the right to the contractual penalty amounting to 0.05% of the due amount per each day of delay, along with the right to withdraw from the Contract.

3.7. The Provider is entitled to use any payment received from the Client to settle the Client’s oldest due amount.

3.8. All payments shall be made in the currency specified in the Contract or else in Czech Crowns (CZK). Payments in other currencies shall be converted to CZK by the current exchange rate laid down by the Czech National Bank on the payment date.

 

Article 4 – Cancellation Policy

4.1. The parties agree that the Client may unilaterally cancel the Contract (withdraw) by delivering a written or electronic notice to the Provider under the conditions specified below. Withdrawal from the Contract shall not be prevented by the fact that the Client has already made the payment or started drawing Provider’s services. The parties hereby deviate from the regulation under section 1992 of the Civil Code.

4.2. In the event of Contract cancellation pursuant to article 4.1, the Client is obliged to pay to the Provider the severance fee (hereinafter referred to as the “Cancellation Fee”), which shall be determined from the price of all services ordered under the Contract without VAT (hereinafter referred to as the “Cancellation Amount”) as follows:

- for withdrawal 36 days or more before the first date agreed for provision of services, there shall be no Cancellation Fee;

- for withdrawal within the period from 29 to 35 days before the first date agreed for provision of services, the Cancellation Fee shall be 20% of the Cancellation Amount;

- for withdrawal within the period from 16 to 28 days before the first date agreed for provision of services, the Cancellation Fee shall be 40% of the Cancellation Amount;

- for withdrawal within the period from 7 to 15 days before the first date agreed for provision of services, the Cancellation Fee shall be 70% of the Cancellation Amount;

- for withdrawal within the period from 1 to 6 days before the first date agreed for provision of services or on the day of provision of services, the Cancellation Fee shall be 100% of the Cancellation Amount;

4.3. The Cancellation Fee shall be increased by VAT in the amount in which the Provider is obliged to pay VAT for all payments made by the Client.

4.4. The Client is obliged to pay the Cancellation Fee based on a Provider’s invoice within the due date specified in such invoice. Against the Client’s claim to refund the paid deposit or price, the Provider is entitled to set off the claim to settle the Cancellation Fee with VAT.

4.5. In the event of Client’s delay with payment of the Cancellation Fee, the Provider shall have the right to the contractual penalty amounting to 0.05% of the due amount per each day of delay.

4.6. The Contract shall be terminated by submitting a withdrawal notice. Cancellation of the Contract shall not affect the obligation to pay contractual penalties, damages and cancellation fees.

4.7. If the Client fails to appear to draw the services or to fully complete drawdown of the services under the Contract without validly cancelling the Contract in accordance with the preceding articles, the Contract shall continue to be valid and the Client shall be obliged to pay the full price agreed. In such case, the Provider shall not be obliged to provide the services in any alternative period.

 

Article 5 –  Rights and Obligations of the Parties

5.1. Any Client’s delay excludes delay of the Provider with provision of services.

5.2. The Client is obliged to get acquainted in advance with the nature, course and content of individual services and procedures, as well as with their purpose and effects on health and organism and with related potential health risks. The Client is entitled to undergo wellness procedures only if such procedures do not constitute a personal health risk given Client’s health condition.

5.3. The Client is obliged to act in such way as to prevent damage to health and property of the Provider and other clients, and to avoid excessive harassment by inappropriate behavior or noise.

5.4. In the event of breach of Client’s obligations under the Contract, including these GTC, the Provider is entitled to terminate Client’s stay by written or oral withdrawal from the Contract. In such case, the Client shall not be entitled to refund of any part of the price, and shall be obliged to pay the full price in accordance with the Contract.

 

Article 6 – Final Provisions

6.1. The parties are entitled to make any written notices, calls and legal acts also by means of electronic communication to the addresses and contacts referred to in the contractual documentation.

6.2. All disputes related to arrangement and conclusion of the Contract or to the rights and obligations arising from the Contract shall be resolved in accordance with the legal order of the Czech Republic. For such disputes, the parties agree on competence of Czech courts and local jurisdiction of the general court relevant to the Provider, or a court of superior instance where appropriate. 

6.3. Deviations from these GTC are only possible based on a written agreement. These terms and conditions supersede any terms and conditions issued previously.

 

In Kokořínský Důl, on 1.4.2017

Petr Oppitz

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