General Terms and Conditions for Accommodation

General Terms and Conditions for Accommodation

  1. Usage
    1. These General Terms and Conditions for Accomodation, the relevant Contract, Act No. 89/2012 Coll., Civil Code and related regulations govern all legal relationships between Tenant and Accommodation Provider concerning short-term Accommodation and/or use of Other Services at Lipno Lake Resort.
    2. In these General Terms and Conditions for Accommodation the following terms indicate:
      1. „Conditions“ these Terms and Conditions for Accommodation
      2. „The legislation“,  Act. No 89/2012 Coll., Civil Code as amended and regulations related to this Act
      3. „Accommodation Provider“ company Lipno Lake Ltd., based in Lipno nad Vltavou 302, Post Code 382 78, Registration No. 26100452, registered at Commercial Register kept by Regional Court in České Budějovice in section C, clause 13968
      4. „Premises LLR“ accommodation facility address Lipno nad Vltavou 302, PSČ 382 78
      5. „Accommodation Unit“ spatially defined complex of rooms and its accessories on premises LLR designed for temporary accommodation
      6. „Accommodation“ use of Accommodation Units and services associated with this use specifically outlined by Accommodation Provider
      7. „Other Services“ services provided by Accommodation Provider on Premises LLR, which are not connected to the use of an Accommodation Unit
      8. „Website“ Accommodation Provider´s website www.lipnolakeresort.cz
      9. „Contract“ contract concerning temporary rent of an Accommodation Unit on Premises LLR and/or contract concerning the providing of Other Services on Premises LLR
      10. „Reservation“ demand for accommodation or Other Services on Premises LLR made by filling in the electronic form on the website or made in other possible ways allowing the Accommodation Provider to determine the identity and address information of the demanding person and content of his/her demand
      11. „Confirmation of Reservation“ report from the Accommodation Provider about acceptance of reservation sent to Tenant
      12. „Offer“ offer of accommodation and/or Other Services on Premises LLR addressed either to a specific person or to group of persons
      13. „Invoice“ bill for agreed price for accommodation and/or Other Services issued by the Accommodation Provider to Tenant  based on Confirmation of Reservation
      14. „Tenant“ a person who by making a reservation has shown an interest to enter into a contract with the Accommodation Provider and a person who has entered into a contract
      15. „Intermediary“ natural or legal person, who has entered into a contract with the Accommodation Provider and on his/her behalf ensures accommodation for Tenants and Users
      16. „User“ a person who is connected to the Tenant and is by contract entitled to use the Accommodation Unit and additional facilities on Premises LLR during an agreed period or to use Other Services
      17. „Operational rules“ the Accommodation Provider´s internal regulations specifying conditions of using specific parts or facilities for leasure time activities on premises LLR, which the User is obliged to follow (e.g. playground visiting rules, swimming pool visiting rules, rules concerning use of apartment and other equipment and additional rules)
    3. All legal negotiations between Tenant/Intermediary and Accommodation Provider (Offers, Contracts, Reservations and other) are in written form, whereby e-mails as well as electronic forms produced by the Accommodation Provider are also considered to be legal written negotiations.
    4. Obvious typographical and printing errors are not binding for the Accommodation Provider.
    5.  By making/sending a Reservation to the Accommodation Provider, the Tenant/Intermediary confirms that he/she is familiar with and agrees with the terms and conditions of the Offer, price of accommodation and/or Other Services and with these Conditions as an integral part of a Contract, if it is entered into.
    6. These Conditions are part of the Contract and substitute all other/different General Terms and Conditions for Accommodation for Accommodation Provider, Tenant, User and Intermediary.
    7. By entering into a Contract, all previous divergent agreements between Accommodation Provider and Tenant/Intermediary become invalid.
    8. Where the Contract and/or these Conditions do not expressly modify the relevant part of the legal relationship between Tenant/Intermediary and Accommodation Provider or its modification is inconsistent with mandatory provisions of legislation, the modification contained in the legislation applies.
       
  2. Offers, Reservation and Contracts
    1. The Accommodation Provider offers accommodation and/or Other Services on his Website, in the form of a business announcement, with whose sending  the adressed agreed, through authorized Intermediaries as well as by way of advertising material from the Accomodation Provider.
    2. The Accommodation Provider is obliged to keep terms and conditions specified in the Offer only during the period specified in the Offer. The Accommodation Provider is entitled to unilaterally change these terms and conditions during the time of the Offer and this in the same way as the Offer was made, and this till the moment of the delivery of Reservation, with which the Tenant will have responded to the Offer.
    3. The Accommodation Provider accepts a Reservation and enters into a Contract only with a person over 18. Reservations from persons under the age of 18 are not accepted.
    4. If a Tenant does not receive any Confirmation of Reservation from the Accommodation Provider within 7 days from sending/making the Reservation, the Reservation is considered as unaccepted.
    5. The Accommodation Provider has the right to refuse a Confirmation of Reservation at any time without giving any reason up to the time of entering into a Contract.
    6. If the Accommodation Provider accepts a Reservation, he sends the Tenant a Confirmation of Reservation. The Tenant is obliged to check all the information in the Confirmation of Reservation and immediately report any mistakes to the Accommodation Provider.
    7. The Contract between the Tenant and the Accommodation Provider is valid from the time that the Tenant receives the Invoice relating to the Confirmation of Reservation.
    8. The Contract between Intermediary and Accommodation Provider is valid from the time of entering into the seasonal contract for mediating Accommodation.
    9.  A Contract is valid for renting Accommodation Units, has limited duration and/or concerns use of Other Services.

 

  1. Amendment of Contract or Confirmation of Reservation
    1. Contract amendment is possible only in written form.
    2. Proposal for amendment is not obliged to be accepted by the other party.
    3. If the Accommodation Provider confirms a proposal from the Tenant/Intermediary for contract amendment or amendment of a Confirmation of Reservation, the Accommodation Provider may claim compensation costs for the changes to the amount as specified in the pricelist.

 

  1. Data on Tenant and exchange of Tenant and Users.
    1. Tenant and Users are not allowed to let another person, who is not mentioned in the Contract, use the accommodation and/or Other Services for any reasons, unless arranged otherwise with the Accommodation Provider through an amendment in the contract.
    2. The Accommodation Provider has the right to terminate the Contract with immediate effect, if reservation data from Tenant/Users are incomplete or imprecisely specified. The Tennant is not entitled to compensation.

 

  1. Data on Intermediary and Users
    1. An Intermediary ensures Accommodation in his/her name for Users with whom he/she has entered into a valid Contract. The User is not allowed to let another person, who is not mentioned in the Contract, use the accommodation and/or Other Services for any reasons, unless arranged otherwise with the Accommodation Provider through an amendment in the Contract.
    2. The Accommodation Provider has the right to terminate the Contract with immediate effect, if reservation data from Intermediary/Users are incomplete or imprecisely specified. Intermediary/User is not entitled to compensation.
  2. Prices
    1. Prices for Accommodation, Other Services, optional extras as well as other prices and compulsory payments are listed in the accommodation pricelist (hereinafter „Pricelist“) valid for the period in which Accommodation or Other Services are/will be provided to the Tenant/Intermediary and/or another fact occurs establishing obligation to pay. Prices in the Pricelist are always applicable unless specifically otherwise specified in the Contract.
    2. Unless expressly specified otherwise, applies that prices in the Pricelist include VAT.
    3. Prices in the Pricelist are listed in Kč (CZK) and/or in EUR.
    4. Tenat/Intermediary is obliged to pay the Accommodation Provider the agreed price as stated in the written Confirmation of Reservation and subsequently in the Invoice, and this in the currency, amount and due date listed in the Invoice.
    5. A cashless payment transfer is considered payed when the appropriate credited amount has been booked onto the account of the Accommodation Provider. A cash payment is considered payed when the appropriate amount has been handed over to the Accommodation Provider.
    6. A is not entitled to apply for discount from the Accommodation Provider, if this was not done during Reservation and the Accommodation Provider has already sent an Invoice.
    7. The Accommodation Provider is not entitled to raise the price after the Confirmation of Reservation, except in the case of changes in legislation concerning the VAT rate, increase of local tourist tax if this tax is included in the price and/or significant price changes relating to Accommodation and/or Other Services. As a significant change is considered a raise of the price of at least 5% which occurred during the period of Confirmation of Reservation until the first day of Accommodation. If, on the basis of any of these reasons, the Accommodation Provider decides to raise the price, he must inform the Tenant about the new price, giving the reason in the same way as if he was sending a Confirmation of Reservation. After announcing the new price the Tenant is entitled to terminate the Contract without obligation to pay compensation costs to the Accommodation Provider (cancelation fees) as stipulated in clause 12 of these Conditions.
    8. Prices and payment terms for an Intermediary are always specified in the seasonal contract.

 

  1. Optional and mandatory surcharges and fees
    1. The Tenant is obliged to pay, apart from the price for Accommodation and/or prices for Other Services, also the price for any additional equipment in the Accommodation Unit (e.g. baby chair etc.) or the price for keeping pets in the Accommodation Unit.
    2. If the obligation to pay a surcharge incurs additionally (e.g. during Accommodation or due to other reasons) Tenant/User is obliged to pay these surcharges to the Accommodation Provider immediately after the bill is made out for the amount stated in the Pricelist, and particularly in the case of:
      1. optional and mandatory surcharges according to the Pricelist
      2. additional use of supplementary equipment of an Accommodation Unit
      3. incorrect or delayed departing from the Accommodation Unit
      4. excessive mess in Accommodation Unit
      5. use of Accommodation Unit in contradiction with the rules of using equipment in the apartment

 

  1. Payment terms for Tenant
    1. If the period between the date of Confirmation of Reservation and the first date of Accommodation is more than 60 days, the Tenant is obliged to pay a deposit, an amount of 30% of the total agreed price, to the Accommodation Provider, within 14 days from the Invoice. Additional payment of the agreed price must be paid to the Accommodation Provider at the latest 6 weeks before the first day of Accommodation.
    2. If the time between the date of the Confirmation of Reservation and the first day of Accommodation is shorter than 6 weeks the Tenant is obliged to pay the total sum of the agreed price within the due date stated in the Invoice.
    3. In case of delay of payment of the total sum or the deposit, this delay is pointed out by the Accommodation Provider, as well as the fact that the owed amount may be paid in a replacement period stated by the Accommodation Provider (usually 7 days), at the latest till the first day of Accommodation. If even in this case the Accommodation Provider does not receive the payment, he has the right to terminate the Contract. If the Accommodation Provider terminates the Contract for this reason, he is entitled to charge the Tenant cancellation fees according to article 12 of these Conditions. The Accommodation Provider’s  right to damages compensation  remains intact.
    4. If after the Tenant‘s arrival on premises LLR it shows that the agreed total price has not yet been paid onto an account of the Accommodation Provider, the Tenant is obliged to pay the remaining amount on the spot. If the Tenant does not do so the Accommodation Provider has the right to terminate the Contract and refuse the Tenant Accommodation on Premises LLR. If the Accommodation Provider finds out later that there was an overpayment, the Accommodation Provider will return the overpayment.
    5. If the Accommodation and/or Other Services are not fully used during the period agreed in the Contract, for reasons on the side of the Tenant, the Tenant is not entitled to a refund or part of a refund.

 

  1. Arrival and Departure
    1. Accommodation can at the earliest be commenced on the day stated in the Contract as the first day of Accommodation (arrival day), and this from 15:00 o´clock. The day stated in the Contract as the last day of Accommodation (departure day), Tenant and Users are obliged to leave the Accommodation Unit clean and tidy at the latest at 10:00 o´clock. In case of arrival after reception opening time the guest will check-in according to the regulations of late check-in.
    2.  If the Tenant is interested, during the agreed period of stay, in extending this period, and the Accommodation Provider agrees with such a change to the Contract, the Accommodation Provider is entitled to provide the extended stay as a  whole or in part in another Accommodation Unit.

 

  1. Operating regulations and other terms and conditions of use
    1. Tenant and Users are obliged to follow the operating regulations set by the Accommodation Provider as laid down for the relevant part of Premises LLR (e.g. visiting rules for playground, visiting rules for swimming pool, rules concerning use of equipment in apartament etc). Operating regulations are published by the Accommodation Provider on the notice board in the appropriate section on Premises LLR and on request at the reception desk.
    2. The Accommodation Provider has the right to make changes to regulations and opening hours of facilities on Premises LLR.
    3. Tenant and Users are obliged to show their ID on the first day of Accommodation during check-in at reception on Premises LLR. The Accommodation Provider has the right to refuse Accommodation to a person who fails to do so, without financial compensation.
    4. The Tenant is responsible for validity and authenticity of his personal data, travel and other documents which Tenant, Users and pets need for the journey to/from Premises LLR and which are listed on the Confirmation of Reservation. The Accommodation Provider does not provide any advice in this area and does not carry responsibility for the consequences arising from the fact that, as a result of incorrect or invalid documents of Tenant, Users or pets, the journey to/from Premises LLR could not be completed and/or a stay on Premises LLR could not take place.
    5. The Accommodation Provider has the right to immediately terminate the Contract if he subsequently finds out that the information given by the Tenant in the Reservation is incomplete or incorrect.
    6. The Accommodation Unit may be occupied by no more people than the number which the Accommodation Provider has  specified in the inventory of the various types of Accommodation Units.
    7. Tenant and Users are obliged to leave the Accommodation Unit on the last day of the Accommodation at the specified time, cleared of Tenant/Users‘ things and adequately clean up the unit (e.g.wash dishes, removing personal belonging, clean fridge and take out rubbish).
    8. In case of necessary maintenance or repairs to the Accommodation Unit are Tenant an Users obliged to allow the necessary work to be done while lodging without a right to compensation.
    9. For safety reasons it is not allowed to put up tents on Premises LLR.
    10. When breaking the rules specified in these Conditions and/or operating regulations and/or failure to follow Accommodation Provider staff instructions, the Accommodation Provider has the right to expel Tenant or User from Premises LLR without any compensation.

 

 

 

  1. Pets
    1. The Accommodation Provider has the right to refuse pets on Premises LLR without giving any reasons.
    2. The Accommodation Provider may permit up to two pets in an Accommodation Unit depending on the type of Accommodation Unit.
    3. Interest in having pets in an Accommodation Unit during the Accommodation period has to be made known by the Tenant when making the Reservation. If the Accommodation Provider permits having pets in an Accommodation Unit in written form in the Confirmation of Reservation, the Tenant is obliged to pay the fee for pets as specified in the Confirmation of Reservation.  
    4. Pets are not allowed at the swimming pool, on playgrounds, indoor facilities and other public places on Premises LLR (if  not explicitly specified otherwise). Pets must be on a leash when outside the Accommodation Unit or wear a muzzle as precaution.
    5. Pets must not endanger or disturb people on Premises LLR. If they do, the Accommodation Provider has the right to ban these pets from Premises LLR.
    6. The Tenant is obliged to bring his own portable travel box for pets. Dogs and cats must wear collars against fleas and other parasites.
    7. Pets permanently enclosed in a cage must also be reported and can be subject to a fee.
    8. Pets from visitors visiting the Tenant are not allowed.
    9. Pets must have a valid certificate according to EU regulations, be vaccinated against rabies and have an identification mark, chip or tattoo. If not so, the Accommodation Provider has the right to ban the pet from Premises LLR.

 

  1. Damage responsibility for Tenant
    1. The Tenant is responsible for the state of the Accommodation Unit as it was accepted and its inventory, for the smooth running of events in/or around this Accommodation Unit or other facilities on Premises LLR, also in the case if these facilities are used by a User specified in the Contract.
    2. In case of damage for which the Tenant is responsible, the Tenant is obliged to pay for the damage in cash, unless in a particular case otherwise agreed with the Accommodation Provider and/or the damaged party.
    3. Damage to the Accommodation Unit and/or damage or loss of its inventory, must be reported by the Tenant to the Accommodation Provider at the reception desk of Premisis LLR, regardless of whether the Tenant is responsible for the damage.

 

  1. Deposit
    1. The Accommodation Provider may consider asking the Tenant for a deposit, an amount of 500,00 € or the equivalent of this amount in CZK to cover possible damage of an Accommodation Unit or damage or loss of inventory and/or to cover other additional debts in connection with the contract and/or its violation, but no later than the first day of Accommodation. If any of the above mentioned issues, for which the deposit was paid, become reality, the Accommodation Provider is entitled to use this deposit for his debt by calculating the debt against the deposit.
    2. If the deposit is not paid by the Tenant, the Accommodation Provider is entiled to terminate the Contract.
    3. The deposit or the remaining part of the deposit will be given back to the Tenant in the case that the Accomodation Unit is left on time and in accordance with these Conditions.

 

  1. Cancellation of confirmed reservation by Tenant or termination of the Contract with payment for cancellation (cancellation fees).
    1. The Tenant is entitled to cancel a Confirmation of Reservation or terminate a Contract up to and including the first day of Accommodation with payment of a financial compensation (from now on cancellation fee) to the Accommodation provider. In case of termination of the Contract, cancellation fees are
      1. 30% from the total price in the Confirmation of Reservation during a period longer than 43 days before the date of commencing Accommodation.
      2. 60% from the total price in the Confirmation of Reservation in the period from 42nd day (included) up to 28th day (not included) before the date of  commencing Accommodation.
      3. 90% from the total price in the Confirmation of Reservation in the period from 28th day (included) until the date of commencing Accommodation.
      4. 100% of the total price in the Confirmation of Reservation on the first day of commencing Accommodation.
    2. The Tenant can insure himself against the risk of having to pay cancellation fees by entering into a contract with an insurance company at the same time as making a reservation.
    3. Cancellation fees for an Intermediary are always specified in the seasonal contract.

 

  1. Modification of the contract due to force majeure
    1. If the Accommodation Provider cannot comply with the Contract as a whole or in part due to force majeure, he must immediately notify the Tenant of this information and within 14 days after such a notification the Accommodation Provider must submit a proposal for change of the Contract (other Accommodation Unit, other date etc.).
    2. Force majeure is a case when the Accommodation Provider cannot comply with the Contract because he is prevented by circumstances that are beyond his control (e.g. decisions of public authorities, dangers of war, strikes, blockades, natural disasters etc.) which the Accommodation Provider cannot foresee or cannot avoid even by exerting all the effort that may reasonably be requested from him.
    3. In this case the Tenant has the right to reject a contract amendment within 14 days from its delivery date. If in this case the Tenant rejects a contract amendment, the Accommodation Provider has the right to terminate the Contract. The Tenant has the right to a refund. The Accommodation Provider is not obliged to pay compensation to the Tenant for damages, which occured in the context of a force majeure.

 

  1. Accommodation Provider‘ responsibility
    1. The Accommodation Provider is responsible for damages to belongings which are brought to or left on Premises LLR by a Tenant and/or Users only in the event that the Tenant and/or User have respected the relevant operating regulations concerning storage and putting things away and the damage was not caused by not keeping to the  regulations or by negligence.
    2. The Accommodation Provider is not responsible for defects of externally provided services which Tennant and/or User arranged of their own free will.
    3. The Accommodation Provider is not responsible for damages caused by a third person, who has permission from the Tenant and/or User to be on Premises LLR, including outdoor spaces and which occured through behaviour or neglect of the Tenant and/or Users and/or a third person.

 

  1. Out-of-court-dispute resolution ( hereafter „ADR“)
    1. Tenant – consumer has the right to out-of-court resolution of a consumer dispute. The subject of out-of-court-dispute resolution is the Czech Trade Inspectorate. (www.coi.cz).

 

  1. Applicable law
    1. The Contract and other legal relations between the Tenant and the Accommodation Provider are governed exclusively by the laws of the Czech Republic. Any disputes between the Tenant and the Accommodation Provider, if no settlement or agreement is reached through the ADR, is decided upon by the court, whereby the relevant court is the local competent court of the Accommodation Provider.

 

  1. Sending information and Personal-data protection
    1. With personal data of the Tenant and/or Users the Accommodation Provider is obliged to deal according to Act. No. 480/2004 Coll., concerning some services of information companies and according to Act. No. 101/2000 Coll., concerning  Personal-data protection.
    2. The Accommodation Provider is entitled to use Personal-data of a Tenant and/or Users only for legal negotiations to enter into a contract, to fulfill  the contract, to assert claims within the contract and/or to fulfill obligations stipulated by legislation.
    3. The Accommodation Provider has the right to send information to a Tenant and/or Users respecting the right of these persons to reject sending of any business announcments. The Accommodation Provider will require PERMISSION for sending information reports. The content of these information reports consists in particular of news related to the Accommodation Provider‘s activities and/or offers by the Accommodation provider and/or  information about services in the Lipno region. Permission may be given by the Tenant and/or User by responding to a received e-mail with as subject PERMISSION. In case the Tenant and/or User has once given permission to receive information but is not interested any longer in receiving information, the permission can be eliminated by answering a received e-mail from the distribution list from the Accommodation Provider by specifying in the subject ELIMINATION.

 

  1. Validity of Accommodation Terms and Conditions
    1. These Accommodation Terms and Conditions are valid from 1st January 2016.