Article I.
Introductory Provisions
Euphemia Real Estate, s. r. o., with its registered office at Na Zatlance 3283/10, 150 00 Praha 5, ID No.: 14068656, VAT No.: CZ14068656 (hereinafter also referred to as the "Provider") is a company that provides services such as accommodation, catering and other services usually associated with a stay, as well as services in the area of providing wellness stays, including related services such as accommodation, catering and the provision of wellness treatments, and general accommodation services.
The subject of these General Terms and Conditions (hereinafter also referred to as "GTC") is the definition of the terms and conditions and rules governing the mutual relationship between the Provider and the Client, i.e. the person who, as an ordering party, books a stay and/or services with the Provider (hereinafter also referred to as "Client"). The relationship between the Provider and the Client is governed by these GTC, unless otherwise expressly agreed in a particular case. These GTC shall also apply mutatis mutandis to any contractual relationship between the Provider and the Guest.
These GTC apply to reservations made in writing (by mail, fax, electronic mail), in person or by telephone at the Provider´s premises and also to online reservations made through the reservation system located on the Provider´s website - https://www.hotel-sirak.cz. These GTC also apply to reservations made by the Client, even if the Client is not subsequently the end guest of the Provider.
A client is a person who makes a reservation by any of the methods listed in Article I, paragraph 3 of these GTC. A client is any natural or legal person who does not purchase services for the purpose of resale and/or business with them. The person of the Client does not have to be the same as that of the end guest.
The Guest is the person who is the final recipient of the booked stay and/or the Provider´s services (hereinafter referred to as the "Guest"). The relationship between the Provider and the Guest is also governed by the Accommodation Regulations located in the selected Provider´s establishment. In the event that the Client is also a Guest, he/she is referred to only as the Client.
Article II.
The course of the reservation
The Client can either ask the Provider to communicate an offer of a specific stay and/or services or directly make a reservation for the stay and/or services.
The Client shall request the Provider to communicate the offer by telephone, e-mail or in person. In this case, the Provider will prepare and communicate the requested offer to the Client. In case the Client accepts the submitted offer, the Client shall make the reservation of the stay and/or services.
Reservation of the stay and/or services can be made by written order (by mail, fax, e-mail), in person or by phone at the Provider´s premises and also online through the reservation system located on the Provider´s website.
Following the reservation, the Client receives a preliminary confirmation of the reservation from the Provider, which does not yet entitle the Client to use the offered stays and/or services without further delay. The preliminary booking confirmation contains a summary of the offer of the stay and/or services and contains information about the Client (name, surname, telephone contact, e-mail address, date of birth, address), the Guest(s) (name, surname, telephone contact, e-mail address, date of birth, address, nationality, if the stay is booked for a foreigner), the booked stay and/or services (length of stay, date of stay, type of stay, name of hotel, room category - if included in the offer, method of meals, any services included in the stay), the total price of the stay and/or services and the call for payment.
The client is obliged to double check the accuracy of the data provided. In the event that an advance payment for the price of the stay and/or services is requested as part of the provisional booking confirmation, the provisional booking confirmation will expire upon the expiry of the deadline for making the payment in accordance with the invitation contained in the provisional booking confirmation. The payment of the advance payment shall be considered as one of the methods of final confirmation of the reservation and of the correctness of the data contained in the provisional booking confirmation.
After receiving the preliminary confirmation of the reservation, the Client is obliged to confirm the reservation and thus the accuracy of the data contained in the preliminary confirmation of the reservation to the Provider within the time limit specified in the preliminary confirmation of the reservation, either in writing (by mail, fax, e-mail) or by telephone. This final confirmation of the reservation constitutes a binding contract between the Provider and the Client. If the Client fails to confirm the reservation within the time limit specified in the provisional confirmation of the reservation by any of the aforementioned procedures, the validity of the provisional confirmation of the reservation shall expire upon the expiry of this time limit.
The Client is not entitled to change the reservation, but the change can be agreed with the Provider.
Article III.
Course of booking
The client has the right to:
for the proper provision of the stays and/or services ordered, confirmed by the Provider and duly paid for; however, with the exception of sudden events, crisis situations and unexpected circumstances (weather, power outages, political events, natural events - floods, earthquakes, storms, epidemics, outbreaks of disease, etc.), in the event of which the Provider reserves the right to cancel the reservation already made;
cancel the reservation at any time prior to the commencement of the stay and/or the commencement of the services, provided that the cancellation conditions of these GTC are complied with;
to complain about defects in the stay and/or services provided in accordance with the provisions of these GTC on service complaints.
The Client is obliged to:
fully and correctly state all the essential details required for the reservation, in particular all the information marked as mandatory on the reservation form or order;
to pay the Provider the full price for the stay and/or services according to the chosen method of payment including all possible fees according to the wording of these GTC;
respect generally binding legal regulations as well as the Provider´s internal regulations.
The provider has the right to:
change the booked and confirmed stay and/or services to a corresponding or higher category while maintaining at least the same standard and price of the stay and/or services; in case of necessity to change to a lower category, the Provider is obliged to notify the Client no later than 7 days before the start of the booked stay and/or commencement of the services - if the Client agrees to such a change in writing, the price will be reduced according to the prices currently valid for the corresponding category; if, on the other hand, the Client does not give his/her explicit consent to such a change, the booking of the stay and/or services is cancelled by not giving consent;
cancel or refuse in advance the stay of a Guest who has not been recommended further spa treatment after a previous stay with the Provider (this information is contained in the Provider´s medical report);
cancel or refuse in advance the stay of the Guest who has not respected the generally binding legal regulations and/or the internal regulations of the Provider during the previous stay with the Provider;
adjust prices for inflation or price fluctuations and changes according to the current exchange rate when paying in a foreign currency.
The provider is obliged to:
provide the Client or Guest(s) with a stay and/or services within the agreed scope and quality,
in the event of cancellation of a confirmed reservation for a reason on the Provider´s side, refund the Client the amount corresponding to the payment already made, no later than 14 days from the effective date of delivery of the cancellation notice to the Client.
Article IV.
Entry of the Guest
The guest is obliged to present a valid ID (ID card or passport) to the Provider at the time of check-in and/or use of the services at the Provider and at the same time confirm the reservation. At the same time, the Guest is obliged to familiarize himself with the Provider´s accommodation rules upon arrival. At the same time, it is necessary to comply with the conditions set out in Article VI of these GTC.
If the Guest is a foreign national, he/she is also obliged to fill in and sign a registration form for the foreign police and pay the accommodation fee to the city in the currently valid amount set by the general binding decree. A guest who is not a foreign national is required to pay a fee to the city at the time of check-in in the amount currently in force as set forth in the generally binding ordinance.
In the event that the Guest refuses to fulfill any of the obligations specified in Article IV, paragraphs 1 and 2 of these GTC, the Provider is not obliged or entitled to accommodate the Guest under generally binding legal regulations.
Upon entering the stay and/or using the services, the Guest is informed about the Provider´s operation (e.g. information about meal times, pool operation, use of the parking lot, etc.). The Guest also receives the room keys.
If the capacity of the parking lot on the Provider´s premises allows it, it is possible for the Guest to park his/her vehicle in this parking lot; however, the Provider does not guarantee the possibility to park directly on the Provider´s premises in all circumstances.
Check-in is always from 14:00; check-out is required no later than 10:00 on the day of departure.
Article V.
Cancellation by the Client
The Client has the right to cancel the booked and confirmed stay and/or services at any time before the date of commencement of the stay and/or commencement of the services in accordance with the confirmed booking (hereinafter referred to as the "Start Date"), i.e. to withdraw from the concluded contract. Cancellation by the Client (hereinafter referred to as "Cancellation") must be made in writing and demonstrably delivered to the Provider at its registered office address and/or at the e-mail address indicated above and/or at the fax number indicated above, and the Client´s expression of intent must clearly indicate its actual intention to cancel the confirmed reservation of the stay and/or services.
The date of execution of the Cancellation shall be the date on which this expression of the Client´s will is delivered to the Provider at its registered office address and/or to the e-mail address indicated above and/or to the fax number indicated above. In the event that delivery of the Cancellation of the booked stay and/or service occurs between 17:00 and 24:00 local time, the date of delivery of the Cancellation shall be deemed to be the next working day. In the event of a Cancellation, the Provider shall be entitled to payment of charges associated with the cancellation of the booked and confirmed stay and/or services ("Cancellation Charges"), the amount of which shall depend on the total number of days between the date of delivery of the written Cancellation to the Provider in accordance with this paragraph and the Arrival Date. In the case of a cancelled booking of the stay and/or services, the Provider shall, within 14 days of the date of receipt of the Cancellation, settle and refund any refund already made in the amount of the Cancellation Fees duly invoiced, less the Cancellation Fees as set out in the table below. In the event that the amount of the Cancellation Fees is more than the reimbursement, if any, provided by the Client to date, the Provider shall invoice the Client for the difference between the reimbursement so provided and the amount of the Cancellation Fees according to this paragraph by a separate invoice upon receipt of a written Cancellation of the booked and confirmed stay and/or service, the invoice due date in this case being 15 days from the date of the Cancellation. In accordance with the provisions of Section 1837 (j) of the Civil Code, guests staying as consumers do not have the right to withdraw from a confirmed order if the accommodation provider provides the performance within the specified period without being charged Cancellation Fees in accordance with these GTC.
Cancellation of the reservation is possible only in writing to the Provider´s registered office or by email to adresu: info@hotel-sirak.cz.
Cancellation fees will be charged from the confirmed total price of the booked stay and/or services in an amount determined as follows:
Cancellation of stay done |
Cancellation fee in % |
44-30 days before the Arrival Date |
20 % |
29-14 days before the Arrival Date |
50 % |
13-7 days before the Arrival Day |
70 % |
6-1 day before the day of arrival or non-arrival without cancellation |
100 % |
Article VI.
Payment conditions
The current prices of stays and services provided by the Provider are listed on the website www.hotel-sirak.cz. In case the season changes during the stay, the price of the respective season will be charged - specifically, the so-called daily price (price per day) is applied. In order to avoid misinterpretations, the Provider provides a procedure and an example of the calculation of the price discount at the turn of the season - in case of a discount in the form of free days from the total length of stay, the window price is calculated by a weighted average, i.e. The total price of the stay without the discount will be calculated and divided by the number of all days of the stay to find the average daily price (price per day), which is multiplied by the number of days that are charged in this case in relation to the discount provided (e.g. 2 free days for a three-week stay, i.e. 21=19).
Client, event. The Guest (if the Client is not also a Guest) is obliged to make payment of the total price of the booked stay and/or services (taking into account the previously paid deposit, if any) immediately on the day of arrival at the Provider.
The Client acknowledges that in the event of non-payment of the total price of the reservation of the stay and/or services within the period specified in Article VI, paragraph 2 of these GTC, the Provider is not obliged to provide the Client or the Guest with the reserved stay and/or services. In this case, the Provider reserves the right to cancel the confirmed reservation and the Client is obliged to pay the Provider the Cancellation Fees according to the table in Article V of these GTC. In case the amount of the Cancellation Fee is more than the payment made by the Client so far, the Provider shall invoice the Client for the difference between the payment made and the amount of the Cancellation Fees according to this paragraph in a separate invoice, the invoice due date in this case is 15 days from the date of the scheduled arrival.
Payment at the Provider´s premises can be made by credit card or in cash, in CZK and/or EUR.
In the event that the Client or Guest has used services during their stay with the Provider that have not been previously paid for (e.g. services in excess of the previously agreed performance; e.g. drinks in the restaurant, food in the minibar, telephone calls, small sales at the reception), the Client or Guest is obliged to pay for such services in excess of the services provided no later than upon their departure from the Provider.
Article VII.
Other provisions
The Provider is not obliged to provide any compensation or refund for booked unused services, unless the services are not used exclusively for reasons on the Provider´s side.
In case of early departure of the Client, event. Guest (if the Client is not a Guest at the same time), the Provider does not refund any funds to the Client.
The Client or Guest (if the Client is not also a Guest) is obliged to behave in the Provider´s premises and immediate surroundings in such a way that his/her actions, including omissions, do not disturb other guests or the Provider´s staff in the performance of their activities. The Client or the Guest (if the Client is not also a Guest).
In the event that the Client, or Guest (if the Client is not also a Guest) brings a dog (or other animal) to the Provider´s premises for the duration of his/her stay, he/she is obliged to ensure that the dog does not disturb other guests or the Provider´s staff in any way during the performance of his/her activities and that the behaviour of the dog (or other animal) does not result in damage to the Provider´s property and/or third parties. In the event that this is not ensured, the Provider is entitled to terminate the stay without compensation and refund. Animals are not allowed in the restaurant, fittness.
Article VIII.
Complaints about services
In the event that the Client discovers any defects or deficiencies in the service provided by the Provider, the Client shall ensure that any defects or deficiencies are notified to the Provider without undue delay after their discovery. The Client acknowledges that no account can be taken of any claims for services which are notified to the Provider late or after the departure of the Client or Guest.
Article IX.
Final provisions
These GTC are published in full on the Provider´s website www.hotel-sirak.cz.
The Provider reserves the right to unilaterally change these GTC.
These GTC shall also apply mutatis mutandis to any contractual relationship between the Provider and the Guest.
The Client and the Guest are subject to the General Terms and Conditions applicable at the time when the Client makes the reservation of the stay and/or service, i.e. at the time of sending the written order, personal or telephone order or sending the reservation form by the Client to the Provider.
The rights and obligations not regulated by these terms and conditions are governed by the relevant provisions of Act No. 89/2012, Civil Code, as amended. The legal relationship between the Provider and the Client or Guest shall be governed by the laws of the Czech Republic.
Seller´s contact details: delivery address Hotel Širák, Široký vrch 364, 434 01 Most, e-mail address info@hotel-sirak.cz, telephone (+420) 725 821 313.
The accommodated Client/guest has the right to submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is: the Czech Trade Inspection Authority, Central Inspectorate - AD Department, Štěpánská 15, 120 00 Prague 2, E-mail: podatelna@coi.cz, website: www.coi.cz
These GTC come into force on 07.10.2024. Changes, deviations or additions to these GTC may be individually between the Provider and the Client / Guest exclusively in writing.
In Most, 7th October 2024, published by Hotel Širák ***