GENERAL TERMS AND CONDITIONS
These general terms and conditions apply for all clients of services at the Spa hotels MIRAMARE Luhačovice (MIRAMARE, HELENA, RITA, NASŤA, VILA ANTOANETA, VILA VALAŠKA, PETŘÍN, PERŠTÝN), which are operated by:
Léčebné lázně Luhačovice - Sanatorium MIRAMARE, s.r.o.
763 26 Luhačovice
ID No: 60727942
TAX No: CZ60727942
Regional office Brno, Section C, File 17155
Date of Registration: 11. 11. 1994
(the „Accommodation Provider")
All relations between the client and Accommodation Provider are governed by the following general terms and conditions, which are not regulated differently in a separate agreement.
1) Stays the Spa hotels MIRAMARE can be ordered only in writing (by letter, fax, or email), or by completing and sending a form located on the spa hotels website or at ROYAL SPA website – www.royalspa.cz.
2) The booking is accepted upon written confirmation by an authorised person from the hotel.
3) At the same time the client is sent confirmation of the booking, the client is called upon to pay a deposit or pro-forma invoice in an amount adequate to the price of the stay, payable by the date listed on the invoice. If payment is not made by the due date, the reservation of the stay expires and the booking is thus automatically cancelled.
4) Reservations and bookings of the stay can also be accepted and confirmed by providing a valid payment card number as a guarantee . If services are not used, a cancellation fee is charged according to the cancellation policy stated in Article V of these general terms and conditions.
5) Online reservations are binding. The list of contracted services and prices in the reservation confirmation issued by the Accommodation Provider is binding.
II. Payment conditions
1) Upon arrival, the client can pay for the stay at the reception of the hotel in cash or by payment card. The Accommodation Provider accepts most major credit cards (a list of credit cards that can be used to pay for the stay is available at the reception of the hotel and on the Accommodation Provider's website).
2) The client may pay for the stay before arrival by wire transfer to the hotel bank account. It is essential that confirmation of payment by wire transfer be presented upon arrival at the hotel reception. Stays may also be paid by postal order, which the client receives upon request with a letter confirming the reservation.
3) The prices do not include any fees (occupancy tax, spa tax, etc.), which the client is obliged to pay to the Accommodation Provider. The amount is determined by the local municipal bylaws applicable at the time of check-in at the spa hotel. The municipality's bylaws may exempt certain persons from paying these fees.
4) When paying for the stay reserved through the online reservation system, it is necessary chose the method of payment: by payment (credit or debit) card or wire transfer. All payment card operations conducted in the online payment gateway are outside the Accommodation Provider's system; only the Accommodation Provider's bank and client's bank have access to sensitive payment card information. For payment card payments made at the reception desk, the information on the card is accessible only to the hotel where the client is reserving a room; the card will solely be used for pre-authorisation. To secure and encrypt information about the payment card, "Secured by USERTRUST" technology is used. If wire transfer is used as the form of payment, the client will receive a "deposit certificate " for 50% of the price of the stay. Payment is due within three days of receipt of the deposit certificate. (If the client will transfer payment to the hotel bank account using a postal order, payment may be credited to the Accommodation Provider's bank account as many as five days later).
5) Occupancy of double room or suite by only one person is to be charged as a price per 2 adults otherwise is not agreed with sales department of the hotel or spa.
6) Children under 12 years of age are charged the adult rate for double rooms and suites occupied by one adult and one child.
III. Rights and obligations of the client
1) By entering into the accommodation agreement, the client acquires the right to ordinary use of all space and hotel facilities that guests can use regularly and without special conditions, and the right to regular service. The client must exercise their rights in accordance with existing hotel guidelines or regulations (hotel rules).
2) The client has the right to issue a complaint regarding any inadequacies in the services provided. This complaint must be issued in a timely manner and without undue delay so that corrective action can be taken, if possible right on site. Issuing the complaint right on site makes it possible for the problem to be removed immediately; as time passes, it becomes more difficult to make an evidence-based, objective assessment and duly handle the complaint. The right to issue a complaint is extinguished three months after check-out. If a complaint is issued during this three-month period, the Accommodation Provider is obliged to respond within 30 days from the date the complaint is made; in more complicated cases, the Accommodation Provider has up to two months. The client is obliged to cooperate and assist the Accommodation Provider in settling the issue, specify the reasons for the complaint and, if applicable, propose ways of settling the issue if the complaint is found to be justified. When issuing a complaint, the client is obliged to duly justify their complaint and, if possible, support their claims with proof and provide applicable documentation (contract, proof of payment, etc.).
The settlement of justified complaints is based on the removal of the defective service free of charge and/or, if the nature of the issue so allows, the provision of alternate services or a replacement. If the provision of alternate services is not feasible, the Accommodation Provider shall return the price of this service to the client. The client is not entitled to recover the price of the service if the complaint is issued only after the service is used.
3) In the event that a contractual dispute regarding the provision of spa services arises between the spa service provider and the client, who is in the legal position of a consumer of such service, and this dispute cannot be resolved through mutual agreement, the client may file a petition for alternative dispute resolution to the entity with material jurisdiction over alternative resolutions to consumer disputes: Czech Trade Inspection Authority, Central Inspectorate, ADR Department, Štěpánská 15, 120 00 Prague 2, email: firstname.lastname@example.org, website: adr.coi.cz"
4)No later than at the time of departure, the client is obliged to pay the agreed price, including any additional costs that arose due to the provision of services that s/he and/or the guests accompanying him/her requested that were over and above the originally agreed price, including the statutory value-added tax.
5) The client is liable to the Accommodation Provider for any damage incurred that was caused by the client, his/her guests or other persons who, with the client's knowledge or based on the client's will, are using the Accommodation Provider's services.
IV. Rights and obligations of the accommodation provider
1) The Accommodation Provider can provide adequate alternative accommodations (of the same quality) to the client and/or the client's guests if this is acceptable for the contracting party, and particularly if the difference in accommodation s is negligible and materially justified. "Materially justified" is understood to be a situation whereby the space has become (is) unusable, the accommodated guests extend their stay, an excessive number of reservations were made or other important operational measures were undertaken which form the basis for this step. Any additional expenses for the alternative accommodations are charged to the Accommodation Provider.
2) The Accommodation Provider has the right to bill their services at any time or bill services in the course of the stay.
3) The Accommodation Provider is obliged to provide the agreed services in the scope corresponding to its standards.
V. Rescision of the contract by the client, cancellation fees
1) The client has the right to cancel the stay without having to pay a fee 21 and more days before check-in. In case the stay is cancelled with shorter advance notice, the client is obliged to pay a cancellation fee according to the below schedule:
- 21 – 14 days before arrival: 30% of the price of the cancelled stay
- 13 – 7 days before arrival: 50% of the price of the cancelled stay
- 6 - 1 day before arrival, no-show: 100% of the price of the cancelled stay
2) In case of early departure, a cancellation fee amounting to 100% of the remaining price is charged.
VI. Discounts for accommodations with children
1) A child under five years of age who stays in a double room with two adults (without requiring an extra bed or cot and food) receives accommodations, not including treatment, free of charge (when accompanying two full paying adults). A child under fifteen years of age who stays on a normal bed in a double room with one adult receives a 50% discount off accommodations, not including treatment (this discount does not apply for extra beds or cots).
2) Individual discounts cannot be combined.
VII. Gift certificates
1) Purchased gift certificates are non-returnable and are valid only until the expiry date listed on the certificate (max. one year).
VIII. Service changes
1) The services offered at the hotel can change in the course of the year. The client is obliged to abide by the current range of services offered.
2) The Accommodation Provider does not provide any financial compensation for unused ordered services or changes made to services ordered during the stay (accommodations, board, treatment procedures). If the season changes during the stay, the charge will always be based on the rate for the respective season.
IX. Closing provisions
1) These General Terms of Business become valid on 1 September 2019. Any departures from these terms can be made between the Accommodation Provider and the client exclusively in writing on a case-by-case basis.
2) The Accommodation Provider will use the client's personal data listed in his/her accommodation order form solely for the contractual relationship entered into between the Accommodation Provider and the client, the subject of which is the stay at the hotel.
Luhačovice, August 2019