general terms and conditions of business

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR HOTEL ACCOMMODATION CONTRACTS

GENERAL BUSINESS CONDITIONS – KAPKA RESORT

All the guests staying at the Kapka Resort must comply with the laws of the Czech Republic and the Kapka Resort Hotel Rules. Guests are required to accept and follow these Rules as a contractual condition of their accommodation.

1. PARTIES TO THE CONTRACT
General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the Kapka resort hotel facility, operated by KOTRLA a. s., Rokytnice 190, 755 01 Vsetín, Co. ID:47676663, registered in the Commercial Register kept by the Regional Court of Ostrava, section B, insert 806, regulate the contractual relationship between KOTRLA a. s. and the natural person who orders the services (hereinafter referred to as the “client”).

2. SUBJECT MATTER OF THE CONTRACT
These terms and conditions shall define the rights and obligations of the contracting parties in the provision of accommodation in hotel rooms and the provision of other services as requested by the client at the resort.

3. ESTABLISHMENT OF CONTRACTUAL RELATIONSHIP
The contractual relationship between the hotel and the client is established by the confirmation of the booking by the hotel. The hotel agrees to provide the client with the agreed services and the client is obliged to pay the hotel the agreed price.

4. BOOKING OF ACCOMMODATION AND SERVICES, PRICES AND PAYMENT
The booking of accommodation and other services of the resort may be made by phone, email, in person or via the booking system on the website www.kapkaresort.cz.
The booking is considered valid and binding if the accommodation facility confirms the booking to the client in writing, i.e. by email or by an automatic email confirmation generated by the online booking system, and the guest pays the required amount.
The client is obliged to pay for the accommodation and the additional services used by him/her the agreed contractual prices based on the set prices according to the price list or the booking system. The booking is completed by making an online payment in the booking system or by paying the required deposit (bank transfer / cash / card).
If the client fails to meet the conditions, the hotel has the right to cancel the reservation and not provide accommodation. VAT of 10% is included in the price of the accommodation. A fee of 25 CZK / person / night is not included in the price and is payable on the day of departure at the hotel reception.

5. CONDITIONS OF WITHDRAWAL FROM THE CONTRACT
The client has the right to cancel his/her reservation at any time, i.e. to withdraw from the contract. The booking is cancelled if the Kapka Resort reception is notified of the cancellation in writing. In this case, the hotel is entitled to charge cancellation fees. Cancellation fees are payable immediately after the cancellation. The hotel has the right to use the deposit paid to cover the cancellation fees. Should the amount of cancellation fees exceed the deposit paid, the client is obliged to pay the amount equal to the cancellation fees.
Changing the reservation, i.e. rescheduling the booked services to another date, is considered a cancellation of the original booking and is subject to the same cancellation policy (unless specifically agreed otherwise).
When cancelling a booking that has been made through an external provider (e.g. booking.com), the booking must also be cancelled through that provider in the manner required by the provider and subject to the terms and conditions of the booking.
Cancellation fees:
– 14 days or more before arrival – 0% of the price of the stay
– 13 days – 8 days before arrival – 50% of the price of the stay
– 7 days or less – 100% of the price of the stay
If the guest arbitrarily cancels a part of the stay or does not use any of the services already paid for, he/she is not entitled to a refund.

6. CLIENT’S RIGHTS AND OBLIGATIONS
– Clients have the right to the proper provision of the contractually agreed and paid services.
– Clients have the right to be informed of any changes in the contractually agreed services.
– Clients have the right to withdraw from the contract according to the terms of cancellation.
– Clients are obliged to pay the costs associated with the booking no later than on the day of arrival.
– On the day of departure at the latest, clients are obliged to pay the other costs for all the services used (restaurant, spa, minibar, etc.)
– Accommodation is available on the day of arrival from 14:00 to 23:00, unless agreed otherwise. On the day of departure, clients must leave their rooms by 10:00, unless agreed otherwise.
– The entire resort is non-smoking. Violations of this regulation and smoking in the room or on the resort premises shall entitle the resort to charge these clients a fine.
– The hours between 10:00 pm and 6:00 am are designated as night time. Conduct that results in causing a nuisance to other guests during night time is strictly prohibited.
– Clients are responsible for any damages caused to the room during their stay and agree to pay for any repair, replacement or special cleaning costs. The amount of reimbursement will be determined by the hotel.

7.RIGHTS AND OBLIGATIONS OF THE ACCOMMODATION PROVIDER, i.e. Kapka resort HOTEL
– The hotel has an obligation to provide the client with all relevant information for their stay.
– The hotel has an obligation to provide accommodation for the client on the basis of a previously agreed booking that corresponds to the standard of the establishment.
– In the event of cancellation of the concluded contract by the client in compliance with these terms and conditions and/or the law, the hotel is obliged to refund the difference in price between the stay previously paid and the applicable cancellation fees within 14 days of receiving a written cancellation.

8. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
Pursuant to the provisions of Section 1820(1)(j) of the Civil Code and Section 14(1) and Section 20d and Act No. 634/1992 on Consumer Protection, the seller hereby states that a consumer may apply to the Czech Trade Inspection Authority for the out-of-court settlement of consumer disputes on the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of consumer disputes in compliance with the manner and under the conditions set out in the relevant legislation.
For the avoidance of doubt, no provision of these terms precludes the consumer from taking his claim to civil court.
The Czech Trade Inspection Authority (Česká obchodní inspekce), registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: www.coi.cz, is authorised to settle consumer disputes under a purchase contract out of court. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the contract of sale.

9. FINAL PROVISIONS
These General Terms and Conditions of Business come into force on October 1, 2022.