Terms and Conditions | Levnější Hotel v Praze

COMMERCIAL TERMS AND CONDITIONS

 

of Miroslav Horanský, Entrepreneur

Firm Identification No.: 75258986

Registered office: Prague 10, Záběhlice, Ellnerové 3104/4

Registered in the Trade Register of the Municipal Office in Prague 10

E-mail: info@hostel-rohoznik.cz

Telephone No.: 00420 / 605 407 932

(hereinafter referred to as “Provider“)

 

      I. Basic provisions

1. These Commercial Terms and Conditions (hereinafter referred to as “Terms and Conditions“) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as “Civil Code“).

 

2. These Terms and Conditions regulate the mutual rights and obligations of the Provider and a natural person who, outside of his / her business activities as a consumer (hereinafter referred to as “Client“), enters into a mandate contract within the meaning of Section 2430 et seq. of the Civil Code (hereinafter referred to as “Contract“) with the Provider through the website https://levnejsihotelvpraze.cz/ (hereinafter referred to as “Website“).

 

3. Pursuant to the Contract, the Provider undertakes to ensure booking of short-term accommodation in an accommodation facility of Client’s choice; the Client shall choose the accommodation facility from the Provider’s offer. Booking of accommodation shall be ensured by the Provider for the Client free of charge.

 

4. For the avoidance of doubt, the Provider hereby states that he is neither the owner nor the operator of the accommodation facilities offered by him.Furthermore, the Provider is not a party to the Contract entered into between the Client and the operator of the accommodation facility and is not responsible for any breach of the Contract entered into between the Client and the operator of the accommodation facility.

 

5. The provisions of the Terms and Conditions are an integral part of the Contract.Any derogating provisions in the Contract shall prevail over the provisions in these Terms and Conditions.

 

6. These Terms and Conditions and the Contract are entered into in the Czech language.

 

       II. Selection of the accommodation facility and entering into the Contract

1. If interested in entering into the Contract, the Client shall fill in the request form on the Website and send it to the Provider (hereinafter referred to as “Client’s Request“). Sending the Client’s Request is subject to filling in all mandatory data in the request form and confirming that the Client has familiarized himself / herself with these Terms and Conditions and the conditions of personal data protection.

 

2. Based on the Client’s Request, the Provider shall draw up an offer of accommodation facilities for the Client that meet the requirements stated in the Client’s Request (hereinafter referred to as “Offer of Accommodation Facilities“) and send it to the e-mail address specified in the Client’s Request. The Offer of Accommodation Facilities contains information regarding accommodation facilities and services offered by the accommodation facility, the price of accommodation and the amount of the deposit for accommodation.

 

3. Unless otherwise specified in the Offer of Accommodation Facilities, the price includes the price of accommodation only, excluding other services provided by the respective accommodation facility.

 

4. The Provider usually sends the Offer of Accommodation Facilities to the Client within 3 hours of receiving the Client’s Request during the Provider’s working hours.The Provider’s working hours are between 8:00 a.m. and 8:00 p.m. on working days.In the event that the Provider sends the Offer of Accommodation Facilities after these hours, he is not obliged to pay the Client any compensation due to the delay in sending the Offer of Accommodation Facilities.Furthermore, the Provider shall not be responsible for any delays caused by force majeure which means any extraordinary, unforeseeable, objective, unavoidable circumstances that make it impossible for the Provider to send the Offer of Accommodation Facilities within the guaranteed period.Force majeure includes, in particular, natural disasters, strikes, war, mobilization, commotion, terrorist attack, epidemics, adverse weather conditions, malfunction of the technology and equipment used by the Provider or diseases and health problems on the part of the Provider and his employees.

 

5. The Offer of Accommodation Facilities shall be valid for 24 hours after its delivery to the Client.When this period expires, the Provider does not guarantee any free accommodation capacity of the accommodation facility and the price of accommodation specified in the Offer of Accommodation Facilities.

 

6. If the Client is interested in booking of accommodation in one of the accommodation facilities listed in the Offer of Accommodation Facilities, he / she shall send a request for booking of accommodation in the respective accommodation facility (hereinafter referred to as “Order“) to the Provider’s e-mail address.

 

7. After receiving the Order, the Provider shall send confirmation of its receipt to the Client’s e-mail address without undue delay.These Terms and Conditions shall be attached to the confirmation of receipt of the Order.

 

8. The Provider undertakes to book accommodation for the Client at the moment of sending the confirmation of receipt of the Order to the Client’s e-mail address.

 

9. In the event that the Provider is unable to meet any of the requirements stated in the Order, he shall send an amended Offer of Accommodation Facilities to the Client’s e-mail address.Such an amended offer shall be considered a new Offer of Accommodation Facilities.The Provider undertakes to book accommodation for the Client upon receipt of the Client’s confirmation of acceptance of this offer to his e-mail address.

 

10. All Orders accepted by the Provider are binding.The Client is entitled to cancel the Order until he / she is notified of the acceptance of the Order by the Provider.The Client may cancel the Order by contacting the Provider using his telephone number or e-mail address specified in these Terms and Conditions.

 

11. The Provider shall inform the Client regarding booking of an accommodation facility based on the Order and provide him / her with all the information necessary for accommodation.

 

12. The Provider’s obligation to book accommodation for the Client resulting from the Contract shall be fulfilled at the moment when the accommodation is booked with the respective accommodation facility operator.

 

       III. Payment terms, deposit

1. The Client shall pay the accommodation price directly to the operator of the respective accommodation facility.

 

2. The Provider is entitled to demand payment of a deposit for accommodation from the Client in the amount of 5 to 100 % of the total price of the accommodation (hereinafter referred to as the “Booking Deposit“). The amount of the Booking Deposit shall be specified in the Offer of Accommodation Facilities.

 

3. The Provider shall send payment instructions for the payment of the Booking Deposit pursuant to this Clause to the Client’s e-mail address.

 

4. In the event that the Client cancels his / her booking of the accommodation facility or fails to use the accommodation, neither the Provider northe operator of the accommodation facility is obliged to return the Booking Deposit to the Client.The Provider shall always inform the Client in advance regarding the conditions for returning the Booking Deposit.

 

         IV. Withdrawal from the Contract

1. The Client who enters into the Contract with the Provider outside of his / her business activities as a consumer is not entitled to withdraw from the Contract within 14 days pursuant to the provisions of Section 1829, paragraph 1 of the Civil Code, for the reason stated in the provision of Section 1837, lettera) of the Civil Code, which states: “The consumer is not entitled to withdraw from a contract for the provision of services if such services have been provided in full.”

 

          V. Rights resulting from defective performance, liability for damage

1. The rights and obligations of the contracting parties regarding the Provider’s liability for defects are governed by generally binding legal regulations, in particular by the provisions of Section 1914 et seq.of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.

 

2. Any and all claims resulting from the Accommodation Contract between the Client and the operator of the accommodation facility shall be asserted by the Client with the respective operator of the accommodation facility. The Client is obliged to file any and all complaints regarding the services of the accommodation facility directly with the operator of the respective accommodation facility. The Provider shall not be responsible for any additional fees that the accommodation facility operator charges to the Client.

         VI. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail (e-mail).

 

2. The Client shall deliver correspondence to the Provider using the e-mail address specified in these Terms and Conditions.The Provider shall deliver correspondence to the Client using the e-mail address specified in the Client’s Request.

 

3. The contracting parties may also communicate with each other by telephone.The Provider may be contacted at the telephone number specified in these Terms and Conditions; the Provider shall contact the Client at the telephone number specified in the Client’s Request.

 

         VII. Personal data

1. Detailed information on the protection of personal data can be found in the Principles of Personal Data Protection.

 

         VIII. Out-of-court settlement of disputes

1. The competent authority for any out-of-court settlement of consumer disputes arising from the Contract is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification No. 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may also be used to resolve disputes between the Client and the Provider.

 

2. The European Consumer Centre of the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive No. 2009/22/EC (Regulation on online consumer dispute resolution).

 

3. The Provider is authorized to provide services on the basis of a trade license.Trade inspections are carried out by the competent Trade Licensing Office within its jurisdiction.The Czech Trade Inspection Authority, inter alia, supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

 

          IX. Final provisions

1. All agreements between the Provider and the Client are governed by the legal order of the Czech Republic.If the relationship established by the Contract contains an international element, the contracting parties agree that the relationship is governed by the law of the Czech Republic.This shall not affect any consumer rights arising from generally binding legal regulations.

 

2. The provisions of the Civil Code regarding consumer protection and the Consumer Protection Act do not apply to persons who use the services of the Website as entrepreneurs.Under the conditions set by the Civil Code, any person who enters into contracts related to his / her own business, production or similar activities or in the independent performance of his / her profession, or a person who acts on behalf or on the account of an entrepreneur is also considered an entrepreneur.For the purposes of these Terms and Conditions, an entrepreneur is a person who acts in accordance with the previous sentence as part of his / her business activities.

 

3. All rights to the Website, especially the copyright to the content, including the Website layout, photos, videos, graphics, trademarks, logos and other content and elements, belong to the Provider.It is forbidden to copy, modify or otherwise use the Website or its part without Provider’s consent.

 

4. The Provider is not responsible for any errors arising as a result of interference with the Website by third parties or as a result of its use contrary to its purpose.When using the Website, the Client shall not use any procedures that could have a negative effect on its operation and shall not perform any activities that could allow him / her or any third parties to interfere with or use the software or other components that make up the Website and use the Website orits part or software equipment in such a way that would be contrary to its function or purpose.

 

5. Any costs incurred by the Client when using means of remote communication in connection with entering into the Contract (costs of internet connection, costs of telephone calls) shall be paid by the Client.These costs do not differ from the basic rate.

 

6. The Client hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

 

7. The Contract, including the Terms and Conditions, is stored by the Provider in electronic form and is not accessible.

 

8. The wording of the Terms and Conditions may be modified or supplemented by the Provider.This provision shall not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

9. These Terms and Conditions become effective on 1.6.2023