Terms & Conditions
Terms and Conditions of the Company
(the “Terms and Conditions”)
These Terms and Conditions apply to all contracts concluded by Ploberger s.r.o. , with its registered office in Prague 1 – Staré Město, Haštalská 752/14, Post Code 110 00 Company Identification Number 60196327, registered in the Commercial Register of the Municipal Court in Prague under C 145616 (the “Hotelier“) with third parties within the scope of the business activities defined under the Article 1 of these Terms and Conditions.
- Scope of applicability of these Terms and Conditions
1.1 The Hotelier operates the Hotel (the “Hotel“), located at the address Staré Město, Haštalská 752/14, Post Code 110 00, the Czech Republic.
1.2 These Terms and Conditions apply to contracts with third parties on the basis of which the Hotelier, within the framework of the operation of the Hotel,
provides accommodation services, as well as associated services (especially catering services);
rents rooms for sessions, conferences or other meetings, as well as accompanying services (esp. catering)
- Contractual Partner
2.1 The Contractual Partner, on the one hand is the Hotelier, and on the other hand an individual or legal entity that has either confirmed to the Hotelier an offer of the Hotelier – booked rooms or submitted an order to the Hotelier as the case may be (the “Contractual Partner“).
2.2 If the Contractual Partner books Services and/or makes an order for another person and / or for several persons (“Guests“) then the Contractual Partner is also a Contractual Partner in such cases, and vouches for the proper fulfilment of the contract by the Guests, who are encompassed in the corresponding order and/or confirmation . This applies even if the Hotelier explicitly or implicitly consents to demand reimbursement for the cost of services from the Guests; the Contractual Partner is always the collective debtor for all obligations by the Guests towards the Hotelier.
2.3 If the Contractual Partner does not make a booking for himself but for third persons and he makes this clear in their request and/ or confirmation of the offer, then the Hotelier will require a settlement of the costs of the services from the Guests and will not demand them from the Contractual Partner, unless the Guests fail to fulfil their payment obligations when due, or at all. The corresponding data on Guests in the Contractual Partner’s order are not binding or decisive, the only data that are binding and decisive are the data in the confirmation of the offer.
2.4 For damages caused by the Guests, and for costs that are not borne by the Guests (e.g. minibar, pay TV), liability rests with the Contractual Partner.
2.5 The Hotelier is entitled to demand, from the Guests, a deposit of their credit or debit card (the “credit card”) data during check-in or in advance. In such a case, the person whose credit card information has been stored is also jointly and several liable for the payment of all costs and damages which arose because of services rendered by the Hotelier for the benefit for one or more Guests. This does not apply if the credit card holder can prove that the credit card information was submitted to the Hotelier without the credit card holder’s knowledge and will.
- Formation of a Contract
3.1 Within the scope of these Terms and Conditions, a contract between the Hotelier and the Contractual Partner comes into existence upon
- submission of an order by the Contractual Partner and /or
- an offer made by the Hotelier upon the order of the Contractual Partner and
- the acceptance of such offer by the respective other Party.
3.2 An order by the Contractual Partner may come in writing, orally or otherwise, provided that it contains the period and the number of Guests. The Terms and Conditions attached to the Contractual Partner’s order shall be disregarded and not form part of the contract unless the Hotelier explains the applicability of such Terms and Conditions in his Confirmation.
3.3 An offer by the Hotelier (an “Offer“) must be exclusively in writing, which is also understood to mean e-mail and / or electronic copy. Booking of rooms (confirmation of the offer) by the Contractual Partner (a “Confirmation”) must be exclusively in writing, which is also understood to mean e-mail and / or electronic copy.
3.5 Provisions contained in the Offer take precedence over provisions contained in these Terms and Conditions.
3.6 Services which the Contractual Partner did not explicitly state in their order (e.g. Parking) do not have to be arranged by the Hotelier. Where a Guest requires Services which were not part of the order by the Contractual Partner, the Hotelier may provide these services. In this case, the Contractual Partner is also liable for the reimbursement of such costs by the Guest.
3.7 The Contractual Partner gives the binding number of accommodated Guests in each room in their order. The Hotelier is entitled to refuse check-in, if more people are to be housed in a rented room than stated in the order. If the Hotelier notes that the room is actually occupied by more persons than stated in the Offer, the Hotelier may choose to charge the Contractual Partner an additional charge, or order the room to be vacated.
3.8 The Contractual Partner is responsible for ensuring that each Guest accepts these Terms and Conditions, took note of the Data Protection Policy and undertakes to comply with these Terms and Conditions; a violation of these Terms and Conditions by the Guest shall constitute a violation by the Contractual Partner themselves.
- Payment for Services
4.1 The costs of Services that are ordered by the Contractual Partner for themselves and / or for the Guests from the Hotelier are listed in the Offer or Confirmation. In addition, costs may be based on these Terms and Conditions and / or other documents and information that have been made available to the Contractual Partner and / or the Guest.
4.2 The costs of the Services listed in the Offer or Confirmation are based on the information that the Contractual Partner has given the Hotelier as part of their order. The Hotelier is entitled to unilaterally raise the cost if the Contractual Partner has omitted information which influences the price determination (e.g. checking in with a pet).
4.3 All amounts are to be considered inclusive of the applicable VAT unless explicitly told otherwise by the Hotelier. The cost of accommodation does not include local tax from the stay, unless explicitly told otherwise by the Hotelier. This will be added to the price at the current rate set by the binding legislation.
4.4 All payments must be made in the currency that is stated on the Offer or Confirmation. If the Contractual Partner and / or a Guest wish to pay the bill in cash, they may do so at the Hotel in the currencies CZK and EUR; cash payments in other currencies are not possible. If the Contractual Partner or the Guest pays the bill by credit card, this is debited by the amount in CZK. The invoiced amount is listed on the invoice in CZK and EUR. For any conversion that should be required for the paying of services in cash, the Hotelier will use the official exchange rate of the Czech National Bank on the day the Guest checked in.
4.5 If the Contractual Partner and / or the Guest pay by bank transfer, they must use the bank details, which are indicated on the invoice; the bank account is held in the currency of the invoice. Bank charges and exchange rate risks are borne by the Contractual Partner or the Guest. The Contractual Partner or the Guest is obliged to pay the bill by the deadline indicated on the invoice.
4.6 If the Contractual Partner and / or the Guest pay by credit card and / or they have made available their credit card details to the Hotelier to secure their booking, the Hotelier is entitled to charge the appropriate credit card with the amount specified in the Offer or Confirmation at any time after the deadline for free cancellation (see Article 5 of these Terms and Conditions).
4.7 The Contractual Partner acknowledges that the Hotelier may not accept credit cards issued by certain credit card companies. It is the responsibility of the Contractual Partner to check whether credit cards issued by specific credit card companies are accepted by the Hotelier.
4.8 The Hotelier is entitled to demand advance payments or payment in full before arrival. The Contractual Partner is obligated to pay for the Services included by the Hotelier on the advance invoice within the payment period listed on this invoice, whereby the decisive date is the date on which the amount is credited to the Hotelier’s account. Upon receipt of the advance payment, the Hotelier will issue a tax document for the payment received in accordance with applicable law. After the Services have been provided, the Hotelier shall issue a proper tax document for the billing of the Services, for which the advance payment made on the basis of the advance invoice shall be used.
4.9 If the Contractual Partner fails to fulfil a payment obligation pursuant to Article 4.8 of these Terms and Conditions, this does not mean a cancellation of the Confirmation on the part of the Contractual Partner; the Contractual Partner is then merely in default of their payment obligation; however, the contract as such remains effective.
4.10 If the Contractual Partner and / or the Guest defaults on the fulfilment of a payment obligation, than the Contractual Partner and the Guest are required to pay a contractual penalty amounting to 0.05% of the outstanding amount for each day of the delay or part thereof; any claims by the Hotelier for statutory interest on the amount due or damage compensation claims by the Hotelier remain unaffected by this.
5.1 The Contractual Partner and / or the Guest may cancel a Confirmation at any time, but note the cancellation fees arising from the Offer or Confirmation. If the Offer or Confirmation contains no information about the cancellation, the conditions of this Article 5 apply.
5.2 If the Contractual Partner booked a maximum of two rooms for a maximum of five nights, the following shall apply:
If the Hotelier receives a cancellation no later than seven (7) days before the date of arrival of the Guest according to the Confirmation, namely at the latest by 6 pm CET that day, the cancellation is free of charge for the Contractual Partner or the Guest. If the Contractual Partner or the Guest does not make the cancellation within the above period and / or the Guest does not make use of the Services of the Hotel as included in the Confirmation, or does not use them fully, the Contractual Partner or the Guest is obligated to pay all amounts due according to the Confirmation, to the extent of the fee for the first night of the period of the accommodation according to the Confirmation.
5.3 In cases that are not covered by Article 5.2 of these Terms and Conditions, the following applies:
If a cancellation is delivered no later than thirty (30) days before the date of arrival of the Guest according to the Confirmation this cancellation is free of charge for the Contractual Partner or the Guest. If the Contractual Partner or the Guest does not make the cancellation within the above period and / or the Guest does not make use of the Services of the Hotel as included in the Confirmation or does not use them fully, the Contractual Partner or the Guest is obliged to pay all amounts due according to the Confirmation to the extent of the fee for the entire period of the accommodation, according to the Confirmation.
5.4 A no-show by the Guest on arrival day according to the Confirmation constitutes a cancellation of the order; the cancellation fee is governed by the Confirmation, subsidiarily under this Article 5.
- Check-In, Check-Out
6.1 Check-in, within the meaning of these Terms and Conditions, means the personal registration of the Guest at the reception of the Hotel and the issue of the access cards to their room. Check-out within the meaning of these Terms and Conditions means the payment of the outstanding bill by the Contractual Partner and / or the Guest to the Hotelier, the vacating of the rooms occupied by the Guest and the return of all room access cards to the Hotelier.
6.2 As part of the check-in, the Guest must present a valid passport or identity card, the Confirmation and a valid credit card. The Guest agrees that the credit card details will be stored in order to secure claims by the Hotelier against the Contractual Partner and / or the Guest. The Hotelier has the right to also examine visas of Guests who are subject to a visa requirement in the Czech Republic because of their nationality, and, with the Guest’s consent, include a copy thereof in the files. The Hotelier is entitled to refuse check-in if the Guest fails to comply, or fails to comply fully, with the identification and documentation requirements contained in this paragraph.
6.3 The Hotelier reserves the right, in the event that it does not have a room available for the Guest corresponding to the specification of the Order, to accommodate the Guest in another hotel of the Hotelier or in another hotel of a third party, in the same location as the Hotel, at the same price and with Services at a level corresponding to the Services ordered by the Contractual Partner or at a higher level. If these conditions are met, there is no breach of the Hotelier’s contractual obligation (its obligations to provide the Services to the Guest are hereby fulfilled) and therefore neither the Contracting Partner nor the Guest has the right to withdraw from the Contract or to claim any other compensation.6.4 Regular check-in is at 3 pm CET. The Hotelier reserves the right to hand the Guest the room over at a later time , provided operational reasons on the part of the Hotel preclude that transfer.
6.5 Regular check-out is at 12 am CET. If the Guest wants a later check-out, they have to communicate this request no later than 12 am CET on the day before their departure, at the reception. The Hotelier is entitled to refuse the Guest’s request after a delayed handover of the room.
6.6 If the Guest vacates their room later, the Guest is obliged to pay the following costs:
- a) If the Guest announced their late check-out to the Hotelier in accordance with Article 6.5 of these Terms and Conditions, and the Hotelier does not object, the Guest is obliged to pay the Hotelier, for check-out before 6 pm on the day of departure, 50% of the respective daily room rate according to the current rack rate. If the room is vacated after 6 pm on the day of departure, they are obliged to pay 100% of the daily room rate according to the Confirmation unless agreed otherwise.
- b) In cases where the paragraph a) of this Article 6.6 does not apply, the Guest is obliged to pay, in case of a check-out delay of less than 2 hours, 50% of the Hotel’s applicable rack rate on the day for the room type used by them; in case of a check-out delay of more than two hours, the Contractual Partner is obliged to pay 100% of the Hotel’s applicable rack rate on the day for the period until 12 noon the following day.
The above provisions are repeated for any additional days of delay.
6.7 Notwithstanding Article 6.6 of these Terms and Conditions, in case of a late check-out, is the Hotelier entitled to take the Guest’s personal belongings out of the room and store them elsewhere in the Hotel; thereby the payment obligations of the Contractual Partner in accordance with Article 6.6 of these Terms and Conditions remain unaffected. The Hotelier will store the items in an area of the Hotel to which only employees of the Hotel have access. The Hotelier reserves the right to charge the Contractual Partner or the Guest an adequate fee for storage of vacated items.
6.8 Guests who have not attained the age of 18 years (“Minors“) must be accompanied by a person who has already reached the age of 18 years (an “Adult“) and is in a family relationship with the Minor; in order for this circumstance to be examined, the Guest provides their passport or identity card and the passport or identity card of the Minor. The Hotelier shall not register a Minor unaccompanied by an Adult or a Minor with an Adult who is not in a family relationship to the Minor, whereby the Hotel’s entitlement to reimbursement by the Contractual Partner hereby remains unaffected.
6.9 As used in these Terms and Conditions, the term “rack rate” means the applicable rate for each room type that is specified on a daily basis on the Internet and at the reception of the Hotel.
7.1 The Hotelier has on-site, unguarded parking places in the underground garage. These are at the disposal of the Guest against payment of a parking fee set by the Hotelier, provided that such parking places have not been assigned to other Guests yet.
7.2 The Hotelier displays the amount of the parking fee, and enquiries as to its current amount may also be made at the reception of the Hotel.
7.3 The Guest is responsible for entering and exiting the garage, as well as entering and exiting parking spaces. The Hotelier notes that the parking garage is small in size and entering and exiting the garage as well as entering and exiting parking spaces involves maneuvering in a confined space. If the Guest does not think that their maneuvering capabilities allow for this, they should not use the underground garage. Therefore, the Hotelier shall not be liable for damages during the entering or exiting of the garage or parking space, even if the Hotel employees politely advise the Guest during these maneuvers.
7.4 The Hotelier is not liable for damage to the parked car, for the loss of the parked car and / or for the loss of items that are or were in the car. The Guest should not leave any valuables in the car and should lock the car doors.
8.1 Smoking is totally prohibited in all the Hotel premises, even in the rooms. To avoid any misunderstanding, it is noted that even smoking “out of the window” is strictly prohibited. The areas in which the general ban on smoking is lifted are either marked, or may be enquired about at the reception.
8.2 The Guest and the Contractual Partner are liable to the Hotelier for all costs, damages and fines incurred by the Hotelier by the Guest smoking in places where it is not permitted; particularly but not exclusively, the Guest and the Contractual Partner are joint and several liable to the Hotelier for costs incurred by the Hotelier by changing textiles, carpets or other furnishings whose smell was affected by the Guest smoking. The Guest has to reimburse the Hotelier for a loss of revenue (in accordance with the rack rate) for the room which, according to the opinion of the Hotelier, cannot be rented or has been rejected by another guest because of the nicotine smell and must be aired; the reimbursement obligation extends to the whole of the period of ventilation required for the removal of the nicotine odor and can last several days.
8.3 Should a Guest not refrain from smoking when prompted by the Hotelier, the Hotelier is entitled to expel the Guest from the Hotel and to vacate the room without loss of entitlement to reimbursement for the provided Services.
8.4 If the Guest triggered a fire alarm by smoking in a place where the general smoking ban is not lifted or triggered a fire alarm by any other misconduct, the Guest and / or the Contractual Partner bear any costs incurred by the Hotelier because of the fire alarm.
8.5 Even in places where the general smoking ban has been lifted, the Guest has to make sure that they do not contaminate and / or damage the property of the Hotelier or a third party with fire, ash, smoke or cigarette butts. The Guest must pay compensation for any damage caused.
- Wake-up Call
Should the Guest desire a wake-up call, they may submit this request at the Hotel reception. The Hotelier will endeavour to fulfil this wish by calling the Guest at the requested time and, if the call isn’t answered, by knocking the Guest’s door. However, the Hotelier doesn’t guarantee in any way that the alarm call will be successful and / or that the Guest is actually woken up by the wake-up call; and therefore, the Hotelier isn’t responsible for any possible negative consequences arisen to the Guest by ineffective wake-up call.
- Facilities in the Hotel Room, Cleaning
10.1 All fixtures and fittings located in the Hotel, even those intended for consumption, are the property of the Hotel and are only intended to be used in the Hotel. In particular, any provided slippers, bathrobes, electrical devices or cosmetic products are to be left in the room after the Guest’s departure, provided they have not been consumed within the purpose intended.
10.2 The Hotelier is entitled to include any missing fixtures and fittings in the bill issued to the Contractual Partner and / or the Guest, or to use the details of the credit card stored at check-in and to charge the appropriate credit card with the corresponding amount.
10.3 Paid services offered by the Hotelier or third parties that the Guest can avail of before, during or after their stay (e.g. pay TV, Internet, minibar, shuttle service, Planet ZEN) will be charged to the Guest’s bill and must be paid by the Guest or by the Contractual Partner. This applies not only to services that the Hotelier knows the Guest has availed of at the time they are checking out, but also for services about which they find out only after the Guest has checked out. In this case, the Hotelier may also use the details of the credit card stored at the check-in and charge the appropriate credit card with the corresponding amount.
10.4 The Guest and / or the Contractual Partner shall be liable to the Hotelier for any loss or damage to the equipment in the hotel room, caused deliberately or by gross negligence on the part of the Guest. This does not apply for items which are intended for consumption.
10.5 The cleaning service cleans the rooms daily between 8 am and 4 pm, whereby rooms displaying the ”Do not disturb” sign on the door will not be cleaned. The Guest is not entitled to have their room cleaned at a specific time. The cleaning service is available to the Guest in the event of a specific problem with their hotel room, from 4 pm to 8 pm; the Guest should ask for this service at the reception.
11.1 If the Guest is entitled to breakfast, they must come for breakfast within the time stipulated for breakfast by the Hotelier, to the place set aside in the Hotel for that purpose.
11.2 Outside the time set by the Hotelier for breakfast and / or at a different location, breakfast can be requested only if the Guest announces their wish no later than 8 pm on the day before at the reception of the Hotel, the Hotelier confirms this and the Guest accepts the payment of extra costs. The Hotelier will also endeavour to prepare a breakfast in the form of a travel pack for Guests who booked and paid for it. Its composition is exclusively at the discretion of the Hotelier. The Guest is not entitled to request certain foods or preparation methods.
11.3 The compilation of the breakfast is decided by the Hotelier. The Guest cannot request that certain foods or drinks be made available or be prepared in a special way. If it is within the Hotel’s capabilities, special requests by the Guest may be catered for, but an additional fee may be charged.
11.4 If the Guest requires a special diet for health reasons or due to their belief, the Guest can report it at the reception of the Hotel; the Hotelier will endeavour to offer this diet, but the Guest has no legal claim thereto.
11.5 The Hotelier has the right to change breakfast times or to move breakfast to a different location in the short term, especially if an event is taking place in the Hotel.
11.6 It is not permitted to take food out of the breakfast room; this also relates to tea bags and coffee sachets. To avoid misunderstandings, it is stated that the preparation and transportation of lunch packs is not permitted. However, the Hotelier will endeavour to prepare the Guest a corresponding lunch pack; they may request the cost of it to be reimbursed.
12.1 The Guest is allowed to take pets in their hotel room. The Guest has to report their pet to the Hotel reception and pay a possible additional fee for this.
12.2 The Guest must ensure that no danger arises for other guests of the Hotel or the Hotel staff due to their pet. They have to take the fears of third parties into consideration even when they themselves do not consider their pet to be dangerous. In particular, the Guest is obliged to keep pets on a leash, if necessary muzzled, and always keep them under observation.
12.3 The Guest shall be liable for all damage caused by the pets brought by them to the Hotel.
12.4 The Hotelier or his employees have the right to take pets into custody or to arrange immobilization of the pets by doctors or police officers if the Hotelier considers that the animal represents an objective danger to other Guests or the staff, and the Guest cannot bring the animal under their control or the Guest is not found in time.
- Concierge Services
13.1 The Hotelier offers so-called concierge services within a scope specified by the Hotelier. The Hotelier has the right to change the scope, in particular to suspend certain concierge services. The concierge services include, inter alia, distribution of tickets to cultural events, provision of transport services and restaurant bookings.
13.2 If the Hotel provides concierge services free of charge, the Hotelier shall not be liable for any errors in the reservation or the order. The Guest has no legal entitlement to the arrangements they desire.
13.3 The Guest acknowledges that some concierge services include brokerage of services that are provided by contractual or business partners of the Hotelier (e.g. Shuttle Service, Planet Zen). In no case does the Hotelier have to demonstrate the business conditions to the Guest. No legal entitlement arises for the Guest in cases where other market players offer more favourable terms than the service providers mediated by the Hotelier.
- General rights and obligations of the Guest
14.1 The Hotelier has domestic authority in all areas of the Hotel. This right may also be exercised by the Hotelier’s employees towards the Guest.
14.2 The Guest has to behave considerately in public areas of the Hotel and to take care that they do not interfere with or harass the other guests. In particular, the Guest has to ensure that they frequent the public spaces of the Hotel while properly dressed, and adjust their volume to their surroundings.
14.3 The Guest must adhere to night peace from 10:00 pm CET to 7:00 am CET. If a Guest does not adhere to night peace even after being warned by the Hotel staff about the disturbance of the peace they are causing, the Hotelier is entitled to vacate the room or let the room vacated and expel the Guest of the Hotel; thereby the claims of the Hotelier against the Contractual Partner and / or the Guest remain unaffected.
14.4 If the Guest leaves the Hotel room – also applicable when checking out – they must make themself sure that no taps are open in the bathroom and no naked flames are burning in the room. Damage caused by non-compliance with these obligations, is born by the Contractual Partner and / or the Guest.
14.5 The Hotelier has the right to enter the room occupied by the Guest, in particular to clean the room, replace the towels and replace used cosmetics.
14.6 The Guest has the option of keeping their personal items that they want to protect against loss in the safe located in the room or in the hotel safe; these safes are provided by the Hotelier at their discretion; the Guest has no legal entitlement to the provision and / or functionality of the safes. In no case is the Hotelier liable for loss, even if such personal items have been deposited in one of the safes.
14.7 The Hotelier may authorize third parties to execute their rights and obligations under these Terms and Conditions, individual contracts and / or applicable laws; when this concerns the Hotelier’s employees they are entitled to do so in any case.
14.8 There is a free Internet connection (Wi-Fi) available in the Hotel for the Guest. The Guest has no legal entitlement to the Internet connection; the Hotelier may suspend or slow down the Internet connection. When using the Internet, the Guest is obliged not to browse any internet content that violates legal regulations, nor carry out any activity on the Internet that is illegal because of the technology or the content. The Guest acknowledges that the Hotelier has a legitimate interest to archive so called click-streams and possibly information on upload and download activities. They may, if required, provide them to law enforcement bodies as long as they are invited to such participation by the law enforcement bodies. The Hotelier has a legitimate interest to pre-filter or block certain sites, especially in the case of streaming services and file-sharing platforms. The Hotel may lend a portable Wi-Fi router to its Guests free-of-charge, upon request. The terms and conditions for such free-of-charge lending of such router are available upon request at the reception of Hotel. The relevant Data Protection Policy is available here: https://www.maximilianhotel.com/privacy-policy/.
- Use of the Spa Area
15.1 The Hotelier may provide the Guest with free use of a spa and fitness area. The Hotelier has the right to regulate its scope and design.
15.2 If the Guest uses the spa area and / or the fitness area, it is at their own responsibility. They are also responsible for the supervision of their children and persons under supervisory obligation. The Hotel is not liable for injuries and / or damages incurred by the Guest or persons checked in with the Guest.
15.3 Besides the general smoking ban, it is also prohibited to bring in and consume any food and alcoholic beverages in the entire spa area.
15.4 As a rule, the sauna area is available regularly from 6:30 am to 10 pm daily; there are no special times set aside according to gender. The sauna area cannot be reserved or used exclusively. Reception must be notified at least one hour before the Guests wishes to use the sauna to ensure it is ready for Guest’s use.
15.5 As a rule, the fitness area can be used from 6:30 am to 10 pm daily.
- Personal data protection
16.1 The Hotelier protects, consistently and on a long-term basis, the personal data and privacy of visitors to its website and its customers, suppliers and other persons. All procedures and measures adopted and implemented by the Hotelier in this area are consistently based on current legal regulations applicable to the protection of personal data and privacy. The Hotelier’s Data Protection Policy is available here: https://www.maximilianhotel.com/privacy-policy/.
- Force majeure
17.1 A breach of the contract shall not comprise a situation in which any of the Contractual Partners fails to fulfil its obligation due to an obstacle which occurred independently of the will of the Contractual Partner and prevents it from fulfilling its obligations; and, it is reasonably impossible to predict that the Contractual Partner under obligation might avert the obstacle or the consequences thereof, or overcome it, and that it could have predicted the obstacle at the time its obligation originated (e.g. a war, national or industry strike, earthquake, floods, fire, terrorist attack, etc.). The parties expressly declare that the illness/injury of the Guest shall not be considered as such an obstacle. Based upon a requirement of the other Contractual Partner, the Contractual Partner in question shall present a document on the existence of circumstances excluding its liability due to Force Majeure, issued by a competent authority or an organization that represents the interest of the country in which the obstacle originated.
17.2 Unless the parties electronically agree otherwise, the contractually negotiated deadlines shall be extended by the time period during which circumstances excluding liability due to Force Majeure last. Should the duration of such circumstances exceed 90 days, any of the parties shall be entitled to withdraw from the contract in writing without any negative legal consequences for the withdrawing party.
17.3 The party that breaches its obligation, or—given all the circumstances—should know that it is going to breach its contractual obligation, shall be obligated to electronically notify the other party of the nature of the obstacle that prevents or will prevent the performance of obligations, the associated consequences and the anticipated duration. Such a report must be submitted without undue delay after the party under obligation learnt about the obstacle or could have become aware of it if it had exercised due diligence. Damages resulting from late notification of a threat or of the origin of Force Majeure shall be borne by the party responsible for such a late notification.
17.4 If the obstacle described in paragraph 17.1 of the Terms and Conditions were caused by measures or other restrictions adopted by the competent authorities as a result of an, at the time of concluding the contract, unforeseeable situation (eg pandemic declaration), and these measures / restrictions had a significant negative impact on the parties’ ability to perform the contract, in particular it limited transport, travel possibilities, working and opening hours, accommodation, etc., the procedure according to paragraphs 17.1 to 17.3 of the Terms and Conditions shall not be used and the party shall not be relieved of the obligation to perform the contract. The party is obliged to notify the other party of such an obstacle without undue delay after learning of it, together with the evidence of the impact of the obstacle on its ability to perform the contract. The parties are obliged to negotiate an adjustment of the contractual conditions in which the obstacle will be taken into account. If the parties do not reach an agreement within 90 days from the date of notification of the other party by a party whose performance is made significantly more difficult or impossible by this obstacle, this party is entitled to withdraw from the contract without being liable for damage caused by such termination. However, this does not affect its obligations incurred before the termination of the contract.
- Final Provisions
18.1 These Terms and Conditions are subject to the law of the Czech Republic. The application of conflict-of-laws provisions is hereby ruled out.
18.2 In cases where the Contractual Partner is a consumer, the authority that has jurisdiction to resolve out-of-court consumer disputes is Česká obchodní inspekce (Czech Trade Inspection Authority), with its registered office at Štěpánská 795/44, 110 00 Prague 1, Organization ID No.: 000 20 869, website: https://www.coi.cz/.
18.3 The Hotelier processes consumer complaints at the following e-mail address: firstname.lastname@example.org. Information on the processing of the complaint of a Contractual Partner that is a consumer will be sent by the Hotelier to the Contractual Partner’s e-mail address set forth in the Offer.
18.5 All disputes between the parties relating to the contract or these Terms and Conditions will be addressed by the relevant Czech courts having jurisdiction over the matter concerned. If the Contractual Partner is an enterpreneur, then the applicable court having geographic jurisdiction will be determined on the basis of the address of the Hotelier’s registered office as stated in a current extract from the Commercial Register in respect of the Hotelier at the time of the commencement of the relevant court proceedings.
18.6 Any individual agreements take precedence over the corresponding provisions of these Terms and Conditions in the extent to which they expressly contain deviations from these Terms and Conditions. All other provisions of these Terms and Conditions shall continue to apply.
18.7 The Hotelier has the right to change these Terms and Conditions. The revised Terms and Conditions become effective on the date on which they are attached to the new contract and in case of an existing contract for recurring performance the date on which they are delivered to the Contractual Partner and / or the Guest. In such a case, the date on which the new Terms and Conditions are delivered to the Contractual Partner / the Guest must precede by at least 7 days the date of provision of further Services under the Contract, otherwise they will apply only to those Services that are provided after the expiry of 7 days from the delivery of the new Terms and Conditions. The new version then also applies to all the Guests whose stay begins on, or after, the effective date of the new version, unless the Contractual Partner, due to the delivery of a new version of the Terms and Conditions, terminates the contract within a one-week time limit following the delivery of the new version of the Terms and Conditions.